Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 8th, 1951 and adjourned February 14, 1952

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 8th, 1951 and adjourned February 14, 1952
1952 LONGINO & PORTER, INC.
HAPEVILLE, YA.

OFFICERS

OF THE

HOUSE OF REPRESENTATIVES 1951-1952

FRED HAND_____________________ ___ ---------- ____ ----------------------------- Speaker
MITCHELL COUNTY

GEORGE L. SMITH, IL_ ___ _ _ _____________________ Speaker Pro Tern
EMANUEL COUNTY

JOE BOONE __

___ _

_. - -- __ ______________ Clerk

WILKINSON COUNTY

JANETTE HIRSCH_______ _ __ ____ ___ _______________________Asst. Clerk
FULTON COUNTY

JACK GREEN_____________ _

-- ___ ___ ______ Asst. Clerk

RABUN COUNTY

BRITT BACON _ ___
FULTON COUNTY

__ Reading Clerk

MRS. JACK GREEN __ _
RABUN COUNTY

Calendar Clerk

MARION TOMS

--

-

QUITMAN COUNTY

__ Doorkeeper

LAWRENCE D. BURKS _

. ______ _

WEBSTER COUNTY

Messenger

HOUSE JOURNAL
REGULAR SESSION Representative Hall, Atlanta, Georgia. Monday, January 8, 1951.

The Representatives-elect of the General Assembly of Georgia for the years 1951-1952 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A. M., this day and were called to order by Honorable Joe Boone, Clerk of the House of Representatives.
The invocation was offered by Dr. Charles L. Allen, Pastor of Grace Methodist Church, Atlanta, Ga.
The following communication from the Honorable Ben W. Fortson, Jr., Secretary of State, certifying the Representatives-elect for the years 1961-1962, was received and read:

State of Georgia Department of State Ben W. Fortson, Jr. Secretary of State
Joe N. Burton Chief Clerk Atlanta

Clerk of the House of Representatives State Capitol Atlanta, Georgia

January 8, 1951

Dear Sir:

I am transmitting herewith the names of the Representatives elected in the general election held November 7, 1950, to represent the various counties in the General Assembly for the years 1951 and 1952, as the same appear from the consolidation of returns of said election which are of file in this office.

Yours very truly,

Ben W. Fortson, Jr., Secretary of State

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 four pages of typewritten matter hereto attached contain a true and correct copy of the Members of the Georgia House of Representatives elected in the general election held the seventh day of November, 1950, as the same appear from the consolidated returns of said election, which returns are of file in this office, the name of the county being given opposite the name of the Representatives 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 2nd day of January, in the year of our Lord One Thousand Nine Hundred
and Fifty-one and of the Independence of the United States of America the One Hundred and Seventy-fifth.

(Seal)

Ben W. Fortson, Jr., Secretary of State.

MONDAY, JANUARY 8, 1951

7

REPRESENTATIVES GENERAL ASSEMBLY ELECTED IN GENERAL ELECTION NOVEMBER 7, 1950.

County

Name

Appling_____________________________________________________________________________T. Malcolm Tillman

Atkinson-----------------------------------------------------------------------------Waldo Henderson Bacon------------------------------------------------------------------------------..Braswell Deen, Jr. Baker--------------------------------------------------------------------------------.John C. Durham Baldwin-----------------------------------------------------------Culver Kidd Baldwin...----------------------------------------------Arnold L. Parker Banks........................----------------------Josiah H. Turk Barrow......--------------------------------------J. Julian Bennett Bartow................................................................................R. V. Jones
Bartow...--------------------------------------------------Floyd S. Tumlin Ben Hill.............................................................................Argin A. Boggus, Sr.
Berrien........---------------------------------------Roy R. Guthrie Bibb.......------------------------------------------------Clarence H. Clay, Jr. Bibb...........--------------------------W. Horace Vandiver Bibb-----------------------------------James I. Wood BleckleY---------------------------------Ben Jessup BrantleY-------------------------------------------C. Winton Adams Brooks....-----------------------------------.John E. Sheffield, Jr. Bryan...................-----------------------W. K. Smith, M.D. Bulloch...-----------------------Algie J. Trapnell Bulloch................................................................................William J. Neville Burke..................................................-------------.J. J. Bargeron
Burke...........---------------------------------Frank M. Cates Butts.............--------------------------------------Dan Fears Calhoun..--------------------------------Charles E. Dews Camden........................-------------------------------Quincy Lee Claxton Candler...............................................................................William L. Lanier
Carroll...-----------------------------------Willis Smith Carroll................................................................................J. Ebb Duncan
Catoosa....................------------------------------------Howard Abney Charlton.......------------------------------------Alva J. Hopkins, Jr. Chatham.___________________________________________________ . ------------John S. Hood, Jr.
Chatham............--------------------------------------------George H. McGee Chatham.............................................................................Owen H. Page, Jr.
Chattahoochee.........---------------------------Joe N. King Chattooga....................--------------------------------Paul B. Weems Cherokee.........-------------------------------W. R. Green Clarke....................----------------------------------Chappelle Matthews Clarke......---------------------------------------------------------Grady C. Pittard, Jr. Clay.......----------------------------------------------------------Richard W. Best Clayton------------------------------------------------Edwin S. Kemp Clinch..............----------------------------------~Downing Musgrove Cobb........----------------------------------------Harry E. Williams Cobb........................----------------------------------Fred D. Bentley Coffee...----------------------------------------------Micajah Vickers Coffee......--------------------------------------------------Noah Burkett Colquitt.....-----------------------------------Leo T. Barber Colquitt...............................................................................H. Jack Short Columbia...................................~-------------------------------.Byron B. l.'.'Iangum
Cook....----------------------------------------------------------Wilson B. Wilkes

JOURNAL OF THE HOUSE,

County

Name

Coweta...-----------------------------------------------------------------------------Clifford A. Cranford Coweta...-----------------------------------------------------------------------------Goodman Robertson Crawford...-------------------------------------------------------------------------Nat. F. Walker CrisP-----------------------------------------------------------------------------Palmer H. Greene Dade----------------------------------------------------------------------------------Maddox J. Hale Dawson...----------------------------------------------------------------------------J. E. Robertson Decatur....--------------------------------------------------------------------------G. F. Battles, Sr. Decatur....---------------------------------------------------------------------------Tom Clark DeKalb------------------------------------------------------------------------------Richard Bell DeKalb------------------------------------------------------------------------------.James A. Mackay DeKalb.......------------------------------------------------------------------------W. Hugh McWhorter Dodge....-----------------------------------------------------------------------------Gilbert C. Peacock DoolY------------------------------------------------------------------------------Clint B. Brannen Dougherty....----------------------------------------------------------------------Adie N. Durden DoughertY--------------------------------------------------------------------------B. C. Gardner, Jr. Douglas_______________ .. ______________ -------------- ---------------------------------.J. E. Waldrop
EarlY----------------------------------------------------------------------------------Leon H. Baughman Echols....-----------------------------------------------------------------------------W H. Herrin, Jr. Effingham-------------------------------------------------------------------------H. N. Ramsey, Sr. Elbert..-------------------------------------------------------------------------------Woodrow Wilson Lavender Em.anueL......---------------------------------------------------------------------George L. Smith, II EmanueL......----------------------------------------------------------------------H- C. Edenfield Evans---------------------------------------------------------------------------------W L. (Roy) Adams Fannin-------------------------------------------------------------------------------Reid Mull Fayette..-----------------------------------------------------------------------------Grady L. Huddleston Floyd..... -----------------------------------------------------------------------------Dean Covington Floyd........--------------------------------------------------------------------------Robert L. (Bob) Scoggin Floyd---------------------------------------------------------------------------------J. Battle Hall Forsyth------------------------------------------------------------------------------James A. Otwell, Jr Franklin. __ .. _____ --------- __________________ ------------------------- _______________Joe T. J oily
Fulton.. -------------------------------------------------------------------------------M. M. (Muggsy) Smith Fulton.......-------------------------------------------------------------------------Hoke Smith Fulton........------------------------------------------------------------------------Luther Alverson GGillamsecro--c-k--_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-W--Wma.lteGr . FT. oSdidmmons
Glynn...-------------------------------------------------------------------------------Charles L. Gowen Glynn.......---------------------------------------------------------------------------Bernard N. Nightingale Gordon....... -------------------------------------------------------------------------Troy F. Knight GradY---------------------------------------------------------------------------------.R. A. Harrell Greene-------------------------------------------------------------------------------Miles Walker Lewis Gwinnett----------------------------------------------------------------------------J. Austin White Gwinnett.. --------------------------------------------------------------------------Paul V. Kelley, Sr. Habersham_________________________________________________________________________Lloyd L. Stewart
HalL ............-----------------------------------------------------------------------Hammond Johnson, Jr. HalL...............---------------------------------------------------------------------Howard T. Overby Hancock..----------------------------------------------------------------------------John C. Lewis Haralson _____________________________________________________________________________Harold L. Murphy
Harris....-----------------------------------------------------------------------------W. D. Sivell Hart.....-------------------------------------------------------------------------------T. H. Risner Heard--------------------------------------------------------------------------------.J. Artie Rogers HenrY---------------------------------------------------------------------------------Edward E. McGarity IHrowuisnt_o__n__._______-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_________-_-_-_-_-_-_-_-_-_-_-_-_____-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-.CMhaarriloine FF.. GWreilelniams
Jackson....--------------------------------------------------------------------------JI;Iac Barber

MONDAY, JANUARY 8, 1951

9

County

Name

J asper_________________________________________________________________________________Wm. Hicks Key

Jeff Davis.. ------------------------------------------------------------------------Lawton R. Ursrey Jefferson ___ ---------- _____________ -------- ________ ---------------- __________________ J. Roy McCracken
Jenkins-------------------------------------------------------------------------------Leon Aycock JJoohnnesosn__-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-G-Eemorogrye LL.. JRaocwksloannd

Lamar---------------------------------------------------------------------------------Clarence M. Ball LLaanuierre-n--s--__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-A-Jo. hOn sWwa.ldGHreaedrden

Laurens-----------------------------------------------------------------------------W. Herschel Lovett Lee-------------------------------------------------------------------------------------Jesse B. Stocks LibertY--------------------------------------------------------------------------------C. J. Smiley LLionncogl_n__-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_CF.arHl uCg.heWs iWlkiinllsionngham

Lowndes---------------------------------------------------------------------.John W. Langdale Lowndes---------------------------------------------------------------------------G. Troy Register Lumpkin--------------------------------------------------------------------------- Fred C. Jones, Jr. Macon----------------------------------------------------------------------------- Tom L. Coogle Madison..-------------------------------------------------------------------------Sam E. Whitworth Marion------------------------------------------------------------------------E. C. Stevens McDuffie.--------------------------------------------------------------------Horace E. Clary Mclntosh______________ --------------------------------------------------------Fred D. Beasley
Meriwether---------------------------------------------------------------------Willis A. Biggers, Sr. Meriwether-------------------------------------------------- __________________Grady Rollins Miller_________________________________________________________________________________.Jim Bush Mims

MMiittcchheelll-l-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-__-_-_-_-_-_-_-_-_-__-_-_FFrreadnkHSa.ndTwitty

Monroe---------------------------------------------------------------------------.Wm. B. Freeman MontgomerY-----------------------------------------------------------------------Chester Hilton Morgan----------------------------------------------------------------------------Howard H. Tamplin MurraY-------------------------------------------------------------------------------A. F. Terry Muscogee------------------------------------------------------------------------Harry Dicus Muscogee------------------------------------------------------------------------Howell Hollis Muscogee------------------------------------------------------------------------A. Mac Pickard Newton---------------------------------------------------------------------A. M. Campbell OOcgolneeteh-o-r--p--e--__-_-_-_-_-_-__-_-_-_-__-_-_-_-_-_-__-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_.GJ.eoPrhgiel BC.amBprboeolkls, Jr. Paulding_____________________________________________________________________________W. L. Denton

Peach-----------------------------------------------------------------------------F. B. Little, Sr.

Pickens--------------------------------------------------------------------------- W. Hayes Pickett

Pierce-----------------------------------------------------------------------------0. W. Raulerson

PPioklek-.-.-_-__-_----------------------------------.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-__-_-_-_-_-_--..:W:vr..

J. Barrett, Jr. lVI _ Cornelius

PPuollaks.k.-i-_--_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-__-_-_-_-_-_-_-__-_-__-_-_-_-JP. auDl. MNceKlseolnvey

Putnam----------------------------------------------------------------------------Dr. E. F. Griffith Quitman...----------------------------------------------------------------------Britt Gary Rabun-----------------------------------------------------------------------------Paul A. Green Randolph______________________ ------------- ___ .______ ._________________ -- ________ ..J. Mercer Wooten Richmond___ ---- ___________________________ ------ ____________ ------------------ __ ..John C. Bell Richmond___________________________________________________________________________.William W. Holley

RRiocchkmdoanlde-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-DSaemmpTse. yGWra.hLameach Schley_________________________________________________________________________________ Paul Coffin

10

JOURNAL OF THE HOUSE,

County

Name

Screven------------------------------------------------------------------------------W- Colbert Hawkins Seminole...--------------------------------------------------------------------------Raymond E. Wheeler Spalding....................---------------------------------------------------------Arthur K. Bolton Spalding....................--------------------------------------------------------- E. Girdean Harper Stephens-----------------------------------------------------------------------------Ben T. Wiggins Stewart.------------------------------------------------------------------------------J. M. Deason Sumter-------------------------------------------------------------------------------Jack Murr Sumter....----------------------------------------------------------------------------Charles Burgamy Talbot........................---------------------------------------------------------H- Chris Callier Taliaferro_______________________ --------------------------------------- _____ ........Wales T. Flynt TattnalL______________________________________________________________________.......Dr. H. M. lHishoe
Taylor..------------------------------------------------------------------------------D. E. Byrd TTeerlrfealiLr._._._-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-M-JimarvCi.n WBaralkzeeral

Thomas------------------------------------------------------------------------------W- Fred Scott, Jr. Thomas..-----------------------------------------------------------------------------0- S. Willis Tift... ----------------------------------------------------------------------------------Seymour S. Owens Toombs-------------------------------------------------------------------------------Steve M. Hall TTorewuntlse..n.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-HL-ugEh. SGtiellpihs ens
TrouP----------------------------------------------------------------------------------Frank G. Birdsong TrouP----------------------------------------------------------------------------------M. E. Groover, Sr. TrouP----------------------------------------------------------------------------------C- 0. Lam Turner-------------------------------------------------------------------------------T- E. Kennedy, Jr. Twiggs--------------------------------------------------------------------------------Claud S. Kitchens Union----------------------------------------------------------------------------------Jack G. Tarpley Upson---------------------------------------------------------------------------------Owen J. Adams Upson-------------------------------------------------------------------------------- W. S. (Bill) Brantley Walker-------------------------------------------------------------------------------W- L. Abney Walker-------------------------------------------------------------------------------Albert Campbell Walton....................... ---------------------------------------------------------Gene Dally Ware.----------------------------------------------------------------------------------W- F. Newman Ware.----------------------------------------------------------------------------------Sam T. Wright Warren..----------------------------------------------------------------------------Jack B. Ray Washington...---------------------------------------------------------------------B. J. Tarbutton Washington. __________________ .. -------------------------------------------- .......Luke R. Warren
Wayne--------------------------------------------------------------------------------Robert L. Harris Webster-----------------------------------------------------------------------------J- Lucius Black Wheeler.. ----------------------------------------------------------------------------C- M. Jordan, Jr. White----------------------------------------------------------------------------------Guy C. Dorsey Whitfield---------------------------------------------------------------------------Sanford P. Carr, Jr. WWihlictofxie__l_d__._._._._._._._._._._._._._________________-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_._-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-.WLe.roAy. GB. riTtitpopnens
Wilkes....... --------------------------------------------------------------------------H- G. Garrard Wilkinson..................---------------------------------------------------------Alexander S. Boone Worth---------------------------------------------------------------------------------Joe L. Johnston Worth---------------------------------------------------------------------------------Dr. Gordon S. Sumner

MONDAY, JANUARY 8, 1951

11

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 Judges B. C. Gardner and Charles W. Worrill 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 B. Hand of Mitchell, the nomination being second by Messrs. Bargeron of Burke, Gardner of Dougherty and Hollis of Muscogee.

Mr. Ray of Warren moved that the nominations be closed and the motion prevailed.
The roll call was ordered and the vote was as follows:

Those voting in favor of Mr. Hand were Messrs:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong
Black Boggus
Bolton Boone Brannen Brantley Brazeal Britton Brooks Burgamy
Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary
Claxton Clay Coffin Coogle Cornelius

Covington Cranford Dally Deason Deen Denton
Dews Dicus Dorsey
Duncan Durham Edenfield Fears Flynt
Freeman Gardner Ganard Galy Gowen Gillis Graham Green of Cherokee Green of Irwin
Green of Rabun Greene of Crisp
Greer Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell
Harris Hawkins Henderson Herrin Hilton Holley
Hollis Hood Hopkins Huddleston Jackson

Jessup Johnson Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley
Kemp Kennedy Key Kidd King
Kitchens Knight Lam Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock
Little Lovett McCracken McGarity
McGee McKelvey
McWhorter Mackay Mangum Matthews Mims Mishoe
Mull Murphy
Murr Musgrove Nelson Neville Newman Nightingale
Otwell Overby Owens Parker Peacock

12

JOURNAL OF THE HOUSE,

Pickard Pickett Pittard
Ramsey Raulerson
Ray Register Risner Robertson of Coweta Robertson of Dawson Rogers
Rollins Rowland
Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan

Smith of Carroll Smith of Emanuel M. M. Smith of Fulto Hoke Smith of Fultor Stanton Stephens of Towns Stevens of Marion Stewart Stocks Sumner
Tamplin Tarbutton Tarpley
Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty

Ursrey Vandiver Vickers Waldrop Walker of Telfair Warren Weems Wheeler White Whitworth Wiggins Wilkes Wilkinson
Williams of Cobb Williams of Houston Willingham
Willis Wood Wooten Wright

Those not voting were Messrs. Durden, Hand, Johnston, Page and Walker of Crawford.

Upon consolidating the votes cast, it was found that Honorable Fred Hand had received 200 votes, being the entire number of votes cast.

Honorable 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. Brooks of Oglethorpe, Gillis of Treutlen, and Campbell of Oconee.

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. Boone of Wilkinson placed in nomination the name of Honorable Joe Boone of Wilkinson, which nomination was seconded by Mr. Green of Rabun.

Mr. Bennett of Barrow moved that the nomination be closed and the motion prevailed.
The roll call was ordered and the vote was as follows:

Those voting in favor of Mr. Boone were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron
Barrett Battles

Baughman Beasley Bell of DeKalb
Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus
Bolton Boone

Brannen Brantley Brazeal Britton Brooks Burgamy
Burkett Byrd Callier Campbell of Oconee Campbell of Walker
Carr
CatJ03

MONDAY, JANUARY 8, 1951

13

Clark Clary Claxton Clay Coffin Coogle Cornelius Covington Cranford Dally Deason Deen Denton Dews Dicus Dorsey Duncan Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin
Green of Rabun Greene of Crisp
Greer Griffith Groover Hadden Hale Hall of Floyd Hall of Toombs
Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston
Jackson Jessup Johnson

Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King
Kitchens Knight Lam Langdale Lanier
Lavender Leach
Lewis of Greene
Lewis of Hancock Little Lovett McCracken McGarity McGee McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe
Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Parker Peacock Pickard Pickett Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Robertson of Dawson

Rogers Rollins Rowland
Scott Scoggin
Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll Smith of Emanuel M. M. Smith of Fulton
Hoke Smith of Fulton
Stanton
Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin
Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop
Walker of Telfair Warren Weems Wheeler White Whitworth Wiggins
Wilkes Wilkinson Williams of Cobb Williams of Houston Willingham Willis Wood Wooten Wright

Those not voting were Messrs. Durden, Hand, Johnston, Page and Walker of Crawford.

Upon consolidating the votes cast, it was found that Honorable Joe Boone had received 200 votes, being the entire number of votes cast.

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

14

JOURNAL OF THE HOUSE,

Messrs. Hood of Chatham, Alverson of Fulton, and Boone of Wilkinson.

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

The next order of business being the election of a Speaker Pro-Tempore, Mr. Bennett of Barrow placed in nomination the name of Honorable George L. Smith, II, of Emanuel, which nomination was seconded by Messrs. Campbell of Oconee and Hall of Floyd.

Mr. Gardner of Dougherty moved that the nominations be closed and the motion prevailed.

The roll call was ordered and the vote was as follows: Those voting in favor of Mr. Smith were Messrs.:

Abney of Catoosa Abney of Walker
Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley
Bell of DeKalb Bell of Richmond Bennett Bentley
Best Biggers Birdsong Black Boggus
Bolton Boone Brannen Brantley Brazeal
Britton Brooks Burgamy
Burkett Byrd Callier Campbell of 0<'one;!
Campbell of Walker Carr Cates Clark Clary
Claxton Clay Coffin Coogle

Cornelius Covington Cranford Dally Deason Deen Denton Dews Dicus Dorsey Duncan Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Guthrie
Hadden Hale Hall of Floyd Hall of Toombs Harper
Harrell
Harris Hawkins Henderson Herrin Hilton
HoUey Hollis Hood Hopkins

Huddleston Jackson
Jessup Johnson Jolly Jones of Bartow Jones of Lumpkin
Jordan Kelley
Kemp Kennedy Key Kidd King Kitchens Knight
Lam Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little Lovett McCracken McGarity McGee McKelvey McWhorter Mackay Mangum Matthews M;ms
Mishoe
Mull Murphy
Murr
lUusgrove Nelson
Nevill~
Newman Nightingale
Otwell Overby

MONDAY, JANUARY 8, 1951

15

Owens Parker
Peacock Pickard Pickett Pittard Ramsey Raulerson Ray Register
Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Scott Scoggin Sheffield Short Simmons Sivell

Smiley Smith of Bryan Smith of Carroll Smith of Emanuel M. M. Smith of Fultor Hoke Smith of Fulto1 Stanton Stephens of Towns Stevens of Marion
Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk

Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair
Warren Weems Wheeler
White Whitworth Wiggins
Wilkes Wilkinson Williams of Cobb Williams of Houston Willingham Willis Wood Wooten Wright

Those not voting were Messrs. Durden, Hand, Johnston, Page and Walker of Crawford.

Upon consolidation of the votes cast, it was found that Mr. Smith of Emanuel had received 200 votes, being the entire number of votes cast.

Honorable George L. Smith, II, 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:

Messrs. Ray of Warren, Overby of Hall, and Jones of Lumpki~.

The Speaker Pro-Tempore was escorted to the Speaker's stand, where he addressed the House.

The following Resolutions of the House were read and adopted:

HR 1. By Mr. Twitty of Mitchell:

A RESOLUTION
"Be it resolved 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. Twitty of Mitchell:

A RESOLUTION
"Be it resolved, by the House, the Senate concurring, that a committee of five, three to be named by the Speaker of the House, and two by the President of the Senate, be appointed to notify His Excellency, The Governor, that the General Assembly has convened and is organized in regular session for the transaction of business."
Under provisions of HR 2, the Speaker appointed as a committee on the part of the House, the following members of the House, to-wit:

16

JOURNAL OF THE HOUSE,

Messrs. Smiley of Liberty, Battle of Decatur and Sumner of Worth.

The following Resolutions of the House were read and adopted:
HR 3. By Mr. Twitty of Mitchell:
A RESOLUTION
BY MR. TWITTY, OF MITCHELL:
"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 appropriation bill as follows:
"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 four assistants to the Speaker and three 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 $8.00 per diem, and pages at $3.00 per diem.
"THIRD. That the Clerk be authorized to appoint the following employees of the House, at the compensation herein provided: six porters at $4.00 per diem four copy readers at not to exceed $8.00 per diem, to assist and relieve the enrolling and engrossing committees and facilitate the business of the General Assembly, provided they shall work under the direction of the Clerk of the House, and the Chairman of the Committees on Enrolling an dEngrossing, five typists, at above coompensation to help with the printing of bills and resolutions for distribution to the House, under direction of the Clerk.
"FOURTH. That the Speaker of the House be authorized to retain the services of some person skilled in legislative matters as provided in Rule No. 199 of the House."
HR 4. By Mr. Twitty of Mitchell:
A RESOLUTION
BE IT RESOLVED, by the House, that the House adopt the rules of the 1949-50 session as the rules of the House for the 1951-1952 session.
HR 5. By Mr. Twitty of Mitchell:
A RESOLUTION
BY MR. TWITTY, OF MITCHELL:
"BE IT RESOLVED by the House of Representatives, the Senate concurring, that the House and Senate meet in joint session in the hall of the House of Representatives, at 10 o'clock A.M. on January 9, 1951, for the purpose of canvassing and publishing the election returns and

MONDAY, JANUARY 8, 1951

17

declaring results thereof for Governor, Lieutenant Governor, and all State House officers.
"BE IT FURTHER RESOLVED that the Speaker of the House appoint three tellers and the President of the Senate appoint two tellers for the purpose of canvassing the votes for Governor, Lieutenant Governor, and all other State House officers, and which tellers will submit their report to the joint session of the General Assembly."
Under provisions of H. R. 5, the Speaker appointed as Tellers on the part of the House, the following members of the House, to-wit:
Messrs. Twitty of Mitchell, Ray of Warren and Matthews of Clarke.

HR 6. By Mr. Twitty of Mitchell:
A RESOLUTION
"BE IT RESOLVED by the House, the Senate concurring, that a joint committee of seven from the House and four from the Senate to be appointed by the presiding officers of the said House and Senate respectively to confer with the present Governor and Lieutenant Governor, and with the Governor-Elect and the Lieutenant Governor-elect, and to arrange for the inauguration of the Governor-Elect and the Lieutenant Governor-Elect."
Under provisions of H. R. 6, the Speaker appointed on the part of the House, the following members of the House, to-wit:
Messrs. Lovett of Laurens, Mims of Miller, Willis of Thomas, Gowen of Glynn, Bell of Richmond, Smith of Bryan and Sheffield of Brooks.

HR 7. By Mr. Twitty of Mitchell:
A RESOLUTION
BE IT RESOLVED by the House, the Senate concurring, that a Committee of eight, three from the Senate and five from the House, be appointed by the President of the Senate and the Speaker of the House respectively, be named to escort the incoming and retiring Governor, and the Lieutenant Governor, to the scene uf the joint session of the General Assembly for the purpose of inaugurating the GovernorElect and the Lieutenant Governor-Elect.
The Speaker appointed as a Committee of Escort on the part of the House, the following members of the House, to-wit:
Messrs. Cates of Burke, Kemp of Clayton, Raulerson of Pierce, Baughman of Early and Battles of Decatur.

HR 8. By Mr. Twitty of Mitchell:
A RESOLUTION
BY MR. TWITTY, OF .MITCHELL:
"BE IT RESOLVED by the House, the Senate concurring, that the House and Senate convene in joint session in the hall of the House of Representatives at 11 o'clock A. M. on January 9th, 1951, for the purpose of inaugurating the Governor-Elect, The Honorable Herman E.

18

JOURNAL OF THE HOUSE,

Talmadge, for a full term of four years, and for the purpose of inaugurating the Lieutenant Governor-Elect, The Honorable S. Marvin Griffin, for a full term of four 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 Mr. Lewis of Hancock.

By unanimous consent, the nominations were closed.

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

Those voting in favor of Mr. Toms were Messrs.:

Abney of Catoosa
Abney of Walker Adams of Brantley
Adams of Evans Adams of Upson
Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett
Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley
Best Biggers Birdsong
Black Boggus Bolton Boone Brannen Brantley Brazeal Britton Brooks Burgamy
Burkett
BC~"lrldier Campbell of Oconee
Campbell of Walker Carr
Cates Clark Clary
C!a""ton Clay Coffin Coogle Cornelius Covington Cranford Dally

Deason
Deen Denton
Dews Dicus Dorsey Duncan Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley
Hollis Hood Hopkins Huddleston Jackson Jessup
Johnson Jollv Jones of Bartow .Jones of Lumpkin Jordan

Kelley Kemp Kennedy Key
Kidd King
Kitchens Knight Lam Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little
Lovett McCracken McGarity
McGee McKelvey
McWhorter Mackay Mangum Matthews Mims Mishoe
Mull Murphy
Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens
Parker Peacock
Pickard Pickett Pittard Ramsey
Raulerson Ray Register
Risner Robertson of Coweta

MONDAY, JANUARY 8, 1951

19

Robertson of Dawson Rogers
Rollins Rowland Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll Smith of Emanuel M.M. Smith of Fult01
Hoke Smith of Fulto1 Stanton Stephens of Towns

Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry
Tillman Tippens
Todd Trapnell
Tumlin Turk Twitty
Ursrey
Vandiver Vickers

Waldrop
Walker of Telfair Warren Weems Wheeler White Whitworth Wiggins
Wilkes Wilkinson
Williams of Cobb
Williams of Houston Willingham
Willis Wood Wooten Wright

Those not voting were Messrs. Durden, Hand, Johnston, Page and Walker of Crawford.

Upon consolidating the votes cast, it was found that Mr. Toms had received 200 votes, being the entire number of votes cast.

Honorable Marion Toms was declared elected Doorkeeper of the House for the ensuing term of two years, and the Speaker appointed as a Committee of Escort, the following members of the House, to-wit:

Messrs. Gary of Quitman, Lewis of Hancock, and Bennett of Barrow.

The Doorkeeper was escorted to the Speaker's stand and addressed the House.

The next order of business being the election of a Messenger of the House, Mr. Black of Webster placed in nomination the name of Honorable L. D. Burks of Webster, which nomination was seconded by Mr. Murr of Sumter.

Mr. Smith of Bryan moved that the nomination be closed and the motion prevailed.

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

Those voting in favor of Mr. Burks were Messrs:

Abney of Catoosa Abney of Walk~r Adams of Brantley Adams of Evans
Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron
Barrett Battles
Baughman
Beasley Bell of DeKalb Bell of Richmond Bennett

Bentley Best Biggers Birdsong Black Boggus
Bolton Boone Brannen Brantley Brazeal Britton
Brooks Burgar.ty
Burkett Byrd Callier Campbell of Oconee

Campbell of Walker Carr Cates Clark Clary Claxton Clay
Coffin Coogle Cornelius Covington Cranford
Dally
Deason
Deen Denton Dews Dicu3

20

JOURNAL OF THE HOUSE,

Dorsey Duncan Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen
Graham Green of Cherokee
Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley
Hollis
Hood Hopkins Huddleston Jackson Jessup Johnson Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd

King Kitchens Knight Lam Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little Lovett McCracken McGarity
McGee McKelvey McWhorter Mackay Mangum
Matthews Mims Mishoe Mull Murphy
Murr Musgrove
Nelson Neville Newman Nightingale Otwell Overby
Owens Parker Peacock Pickard Pickett Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland
Scott

Scoggin Sheffield Short Simmons Sivell Smiley
Smith of Bryan Smith of Carroll Smith of Emanuel M. M. Smith of Fulton
Hoke Smith of Fulton
Stanton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell
Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop
Walker of Telfair Warren Weems Wheeler White Whitworth Wiggins WilkPs Wilkinson Williams of Cobb Williams of Houston Willingham Willis Wood Wooten Wright

Those not voting were Messrs. Durden, Hand, Johnston, Page and Walker of Crawford.

Upon consolidating the votes cast, it was found that Honorable L. D. Burks had received 200 votes, being the entire number of votes cast.

Honorable L. D. Burks was declared elected Messenger of the House for the ensuing term of two years, and the Speaker appointed as a Committee to notify Mr. Burks of his election, the following members of the House, to-wit:

Messrs. Leach of Rockdale, Britton of Whitfield, and Brazeal of Terrell.

The Speaker presented the Honorable L. D. Burks to the House.

MONDAY, JANUARY 8, 1951

21

The following Resolutions of the House were read and adopted:

HR 9. By Mr. Twitty of Mitchell:
A RESOLUTION
WHEREAS the General Election returns of November, 1950, from the County of Newton reveal that Honorable A. M. Campbell was duly elected as the Representative of Newton County in the House of Representatives; and
WHEREAS after the General Election of 1950 the Honorable A. M. Campbell of the County of Newton passed away and is therefore unable to assume his seat in the House of Representatives:
THEREFORE, BE IT RESOLVED by the House of Representatives that due to the death of Honorable A. M. Campbell there is a vacancy in the House of Representatives from Newton County, the Governor of Georgia is hereby requested to immediately issue his Writ of Election to fill such vacancy.

HR 10. By Mr. Twitty of Mitchell:
A RESOLUTION
WHEREAS the Honorable A. M. Campbell of the County of Newton, deceased, is unable to take his seat as a member of the House of Representatives; and
WHEREAS the Honorable Robert H. Stanton, Jr., of the County of Newton is the incumbent in the House of Representatives from Newton County; and
WHEREAS it is to the best interest of the State of Georgia and to the County of Newton for the people of Newton County to be represented in the General Assembly of Georgia until a Special Election can be held to fill the vacancy from Newton County:
THEREFORE, BE IT RESOLVED that Honorable Robert H. Stanton, Jr., of the County of Newton be and he is hereby seated as a member of the House of Representatives from the County of Newton until a Special Election has been held and a member of the House of Representatives has been duly elected.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:

The Senate has adopted the following resolutions of the Senate, to wit:
SR 2. By Senator Rawls of the lOth:
A resolution that the Secretary of the Senate be instructed to notify the House that the Senate has organized and has elected Hon. George D. Stewart, secretary and is ready for the transaction of business.

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JOURNAL OF THE HOUSE,

SR 3.

By Senator Rawls of the lOth:
A resolution by the Senate, the House concurring, that a Committee of five, three to be named by the Speaker of the House of Representative, and two by the President of the Senate, be appointed to notify His Excellency, the Governor, that the General Assembly has convened and organized, in regular session, and is ready for the transaction of business.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolutions of the House, to wit:
HR 5. By Mr. Twitty, of Mitchell:
A resolution, The Senate concurring, that the House and Senate meet in joint session in the Halls of the House of Representatives at 10 o'clock A. M. January 9, 1951, for the purpose of canvassing and publishing the election returns and declaring results thereof for Governor, Lt. Governor, and all State House officers.
The president has appointed on the Senate: Senators Drinkard of the 29th and Connell of the 6th.
HR 6. By Messrs. Twitty of Mitchell, Lovett of Laurens, Mims of Miller,
Willis of Thomas, Gowen of Glynn, Bell of Richmond, Smith of Bryan, and Sheffield of Brooks:
A resolution the Senate concurring that the House and Senate convene in joint session in the Hall of the House of Representatives at 11 o'clock A. M. January 9, 1951, for the purpose of inaugurating the GovernorElect, the Honorable Herman E. Talmadge and for the purpose of inaugurating the Lt. Governor-Elect, the Honorable Marvin Griffin for a full term of four years.
The president appointed on the part of the Senate: Senators Drinkard of the 29th, Carlisle of the 7th, Williams of the 49th, Coleman of the 18th and Blalock of the 26th.

Mr. Dorsey of White County, Chairman of the Committee on Enrolling, submitted the following report:

Mr. Speaker:
Your Committee on Enrolling has examined the following Bills and Resolutions of the House, and finds the same properly enrolled:

HR 9

Respectfully submitted, Dorsey of White, Chairman.

MONDAY, JANUARY 8, 1951

23

The following Resolution of the Senate was read and adopted: SR 3. By Senator Rawls of the lOth:
A RESOLUTION
BE IT RESOLVED by the Senate, the House concurring, that a Committee of five, three to be named by the Speaker of the House of Representatives, and two by the President of the Senate, be appointed to notify his Excellency, the Governor, that the General Assembly has convened and organized, in regular session, and is ready for the transaction of business.
Mr. Twitty of Mitchell moved that the House do now adjourn until 9:45 o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 9:45 o'clock.

24

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Tuesday, January 9th, 1951.

The House met pursuant to adjournment at 9:45 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Blake Craft, Pastor, First Methodist Church, Clayton, Georgia.

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

Mr. Bargeron of Burke, Acting Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.
Representatives-elect Page of Chatham and Johnston of Worth came forward to the bar of the House and were administered the oath of office by Judge Charles W. Worrill, of the Georgia Court of Appeals.

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

Mr. Speaker: The Senate has adopted the following resolutions of the House to wit:

HR 7. By Mr. Twitty of Mitchell:
A resolution the Senate concurring, that a Committee of eight, three from the Senate and five from the House, be appointed by the president of the Senate and the Speaker of the House respectively, be named to escort the incoming and retiring Governor, and the Lt. Governor, to the scene of the joint session of the General Assembly for the purpose of inaugurating the Governor-elect and the Lt. Governor-Elect.
The president appointed on the part of the Senate the following Senators: Senators Drinkard of the 29th, Connell of the 7th and Williams of the 49th.

HR 8. By Mr. Twitty of Mitchell:
A resolution, the Senate concurring, that the House and Senate convene in joint session in the Halls of the House of Representatives at 11 o'clock A. M. on January 9th, 1951, for the purpose of inaugurating the Governor-Elect, The Honorable Herman E. Talmadge, for a full term of four years, and for the purpose of inaugurating the Lt. GovernorElect, the Honorable S. Marvin Griffin for a full term of four years.
The hour of convening the Joint Session of the House and Senate having

TUESDAY, JANUARY 9, 1951

25

arrived, the Senate appeared upon the floor of the House, and the Joint Session convened for the purpose of canvassing and publishing the election returns and declaring results thereof for Governor, Lieutenant Governor and all State House Officers, was called to order by Lt. Governor S. Marvin Griffin, President of the Senate.

The Secretary of the Senate read the resolution providing for the Joint Session.

The following report of the Committee of Tellers was read:

TO THE GENERAL ASSEMBLY OF GEORGIA, IN JOINT SESSION:
We, the tellers, appointed to canvass the votes for Governor, Lieutenant Governor, and other State House officers, as required by the Constitution, beg leave to submit the following report:

For Governor Herman E. Talmadge..............................................................230,641

For Governor

Morgan Blake

3,955

M. E. Thompson...------------------------------------------------------------------- 213

Mrs. Helen Longstreet...----------------------------------------------------------- 91

D. Talmadge Bowers.......---------------------------------------------------------

21

James B. CarmichaeL........ ------------------------------------------------------

10

Ellis Arnall ------------------------------------------------------------------------------

6

All Others -------------------------------------------------------------------------------- 38

For Lieutenant Governor S. Marvin Griffin........... ---------------------------------------------------------231,441

For Lieutenant Governor

Morgan Blake -------------------------------------------------------------------------- 16

Frank Gross ----------------------------------------------------------------------------

f2

Dan Duke -------------------------------------------------------------------------------- 11

Ralph McGill ----------------------------------------------------------------------------

5

All Others --------------------------------------------------------------------------------

15

For Secretary of State Ben W. Fortson, Jr----------------------------------------------------------------231,690

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JOURNAL OF THE HOUSE,

For Comptroller General Zack D. CraveY------------------------------------------------------------------------231,685

For Attorney General J. Eugene Cook------------------------------------------------------------------------231,689

For State Treasurer George B. Hamilton------------------------------------------------------------------230,740

For State Superintendent of Schools M. D. Collins----------------------------------------------------------------------------230,201

For Commissioner of Agriculture Tom Linder ---------------------------------------------------------------------231,650

For Commissioner of Labor Ben T. Huiet---------------------------------------------------231,495
For Public Service Commissioner Matt. L. McWhorter-------------------------------------------------------.231,587

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

Respectfully submitted,

ON THE PART OF THE SENATE:
Connell of 6th Drinkard of 29th

ON THE PART OF THE HOUSE:
Twitty of Mitchell Ray of Warren Matthews of Clarke
Senator Rawls of the lOth moved that the report of the Tellers be accepted and adopted.
The motion prevailed and the report was adopted.
The President announced that the General Assembly would take a recess subject to call of the chair.
The hour of 11:00 o'clock, A. M., having arrived, the President of the Senate called the Joint Session to order.
The Committee on Arrangements submitted the following Inaugural Program:

TUESDAY, JANUARY 9, 1951

27

INAUGURAL PROGRAM
January 9, 1951
House of Representatives-State Capitol
11:30 A.M.
Band Selections....................................................Cedartown High School Band
Joint Session........called to order by Lieutenant Governor Marvin Griffin, Presiding Officer of Joint Session
Invocation........by the Rev. Charles L. Allen, Pastor, Grace Methodist Church Recognition........................of State House Officers and Distinguished Guests
12:00 Noon
Delivery of Great Seal of Georgia to Governor................................Honorable Ben W. Fortson, Secretary of State
Administration of Oath of Office to Governor-Elect........Honorable Charles W. Worrill, Judge Court of Appeals
of Georgia
Delivery of Great Seal of Georgia to Secretary of State..................................Governor Herman Eugene Talmadge
Inaugural Address....................................Governor Herman Eugene Talmadge
Administration of Oath of Office to Lieutenant Governor..................................................Honorable T. S. Candler,
Associate Justice Court of Appeals
Address....................................................Lieutenant Governor Marvin Griffin
Dissolution of Joint Session
The Secretary of the Senate read House Resolution No. 8, providing for a Joint Session of the General Assembly for the purpose of inaugurating the Governor-Elect, The Honorable Herman E. Talmadge, and Lieutenant GovernorElect, The Honorable S. Marvin Griffin, for a full term of four years.
Accompanied by the Committee of Escort and other distinguished guests Governor-Elect Herman E. Talmadge appeared upon the floor of the House.

The following oath of office was administered to Governor-Elect Talmadge by Judge Charles W. Worrill of the Court of Appeals :

OATH OF OFFICE
You, Herman E. Talmadge, do solemnly swear that you will faithfully execute the office of Governor of the State of Georgia, and will, to the best of your ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America.
You do further swear that you are not the holder of any public money due this State, unaccounted for; that you are not the holder

28

JOURNAL OF THE HOUSE,

of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, and that you are otherwise qualified to hold said office according to the Constitution and laws of Georgia, and will support the Constitution of the United States and of this State. So help you God.

The following Inaugural Address was delivered by Governor Herman E. Talmadge:
LIEUTENANT-GOVERNOR GRIFFIN, HOUSE SPEAKER HAND, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, DISTINGUISHED OFFICIALS AND MY FELLOW COUNTRYMEN:
It is with humility and a deep sense of responsibility that I undertake the leadership of the finest people on this earth for the next four years.
The present administration has brought more tangible services to the people of Georgia than any other in the State's history. Yet, I am happy to report to you here today that Georgia is living within its income and is out of debt. We are going to keep it that way.
The President of the United States has proclaimed a state of National emergency. Congress has voted funds for a vast rearmament program. In this all-out defense effort we must prepare ourselves for eventualities which we pray to Almight God may never come to pass.
Misguided, avaricious, destructive and devouring forces have been welded together in a colossal world military machine that seeks ruthlessly to wipe us, as a Nation, off the face of the earth.
The rights of our Citizens to life, liberty and the pursuit of happiness are at stake. Freedom of speech, freedom of worship and freedom of the individual are in the balance.
In far distant Korea our Nation's young men are now pitted in battle against Communistic forces who know no God, who have no conscience and who believe that standards of international justice were made only to be violated. All of us can well take pride in the fact that Georgia's sons are acquitting themselves well on the battlefield as they have always done in time of peril.
While we as loyal and patriotic Georgians and Americans stand unequivocally behind the policies of our National administration in its purpose to preserve our country, its liberty and civilization, it is time for our government to make its policies clear. Very few if any of us thoroughly understand our foreign policy. If we as Americans and as Georgians cannot understand it, certainly people in France, England, Argentina and other countries would be confused by such a policy.
During the last great war we spent $49,000,000,000 giving aid to our allies and foreign powers and designated such money as LendLease. Our people at that time were wholeheartedly behind such a program because they thought it promoted our war effort and perhaps was also helpful in our victories on the battlefield. Since World War II we have spent $28,000,000,000 in Marshall Plan foreign aid and in other outright gifts.

TUESDAY, JANUARY 9, 1951

29

Prior to the Korean conflict our country paid $71,000,000 in aid to South Korea in an effort to maintain its government in power, and, according to Federal Department of Commerce figures, spent $789,000,000 during and after World War II on a somewhat futile program called "Chinese Stabilization and Aid."
Money, arms, food, clothing, cotton, wool, building materials, railroad rolling stock, metal products, electrical equipment and other goods and commodities given to foreign governments under various programs account for well over one-third of our present National debt.
We have even gone to the extent of establishing a policy which has been designated as Point Four by the National administration which pledges our economic resources in giving technical aid, advice, money and materials to remote and distant powers to increase their standard of living. Though we are a mighty and powerful Nation, with the highest standard of living the world has ever known, we must remember that our resources are not inexhaustible.
We cannot feed, clothe and police the world.
Our foreign policy now must be to protect ourselves and our allies, to insure our liberty and the liberty of our allies. To raise the standard of living of foreign powers in remote sections of the earth should not be the policy of our government whose own people are making sacrifices beyond parallel in the payment of taxes for our military defense.
Political campaigns are over in Georgia for four years. Unity to do a job for the people must be the watchword now.
The petty domestic issues which have confronted us in the past have melted away like the morning dew before the rising sun.
The time has come for us to meet the responsibilities with which we are faced.
We must unite as never before. We must use all our human and material resources in building up our own strength so that our Nation may be strong.
We must be resolute. We must work and pray together. We must act with courage and in a spirit of the highest patriotism. We must put principle above profit. We must labor with understanding- and in unison to assemble for the coming struggle all the power and all the strength we possess.
Fortunately we have been building our basic foundation on solid rock. In all its departments and divisions your State Government, today, is stronger and more efficient than ever before.
Since assuming office as Governor, I have worked closely with the members of the lawmaking branch. We have cooperated in a spirit of give and take and mutual respect. Sound and constructive legislation was the result. The progress which we have made bespeaks for a continuation of this cooperation. During the session, the first order of business with me and the Department Heads of the State Government will be assisting you in every way possible.
The platform which I offered the people and which they endorsed

30

JOURNAL OF THE HOUSE,

by their votes at the polls insures a sound basis upon which the future greatness of this State can be built.
In view of the present National crisis, the pledges I made to the people last summer for strengthening Georgia's economy and resources, are more imperative than ever before.

Our people here and throughout the Nation are steadily coming to a firmer realization of the value and necessity for strong education if we are to maintain our way of life and American Democracy.
It has become quite evident that education of our youth is something that has far-reaching effects. Failures of today cause graver results in the tomorrows that come. Our future strength and ultimate productivity are directly proportional to the educational effort we make today.
The State's educational responsibility extends through grade, high school and the college level of our State University System. Georgia is not alone by any means with problems on the educational front. All of the other states have them too. Our job in Georgia is to meet them as best we can within the limitations of our resources.
The present administration has already increased expenditures for common school education from $37,000,000 per year to $50,000,000 per year. The fiscal conditions of our County School Systems have been vastly improved, but "tie have only begun to scratch the surface on what is needed.
The greatest need for our common schools and University System is financial stability. No educational institution on any level can remain in the running today unless it has minimum financial support to allow the adoption of long-range planning based on the needs of the people it serves.
Acute troubles for our public schools and University System are here to stay for years as children, born in war-time, when the birthrate skyrockets, move up through the grade, high schools and colleges. The shortage of teachers will be further aggravated by the mobilization of our Armed Forces, through call up of Reservists and the Draft. College enrollment will also be unstable as the Nation's Armed Forces expand. Loss of veteran students by the University will create a serious financial problem. All of these things coupled together, will necessitate larger outlays for common school education and the University System.
The University System Building Authority which was created by the 1950 adjourned session of the General Assembly at the request of the present administration, has proved to be about the greatest thing that has ever happened to benefit higher education in Georgia. Contracts have been let and work is well underway on 10 new buildings included in the first phase of this program. It has made possible an architectural building for Georgia Tech, new libraries for the University of Georgia and at Fort Valley State College, a laboratory school at Georgia Teachers' College and new men's and women's dormitories for other units in the University System. The second phase of this building program will make possible a library for Georgia Tech, and more needed dormitories.

TUESDAY, JANUARY 9, 1951

31

I know that all of us want to see modern school houses with broad windows and adequate playgrounds for all our Georgia children. Speaker Fred Hand and others have been working to perfect legislation to create a State School Building Authority. While such proposal was not contained in my campaign platform, this measure certainly has my support and active cooperation.
My hope is that when the history of this State is written that the historians of that day assaying the work of the General Assembly and my administration, will conclude that, above all else, we were the ones who did the most for the cause of education of our youth.

Georgia has opportunities for phenomenal expansion during the next ten years. An adequately financed program of through highway and rural road construction, coupled with sufficient maintenance is an indispensable prerequisite to the kind of economy we hope to see come to pass here.
The administrative record made by your present State highway department is acknowledged by Federal Bureau of Public Roads' officials as the best in the Southeast.
During this administration we have built 3,100 miles of roads at a cost of $57,000,000. The previous administration, with $2,000,000 more money to spend for highway purposes in a similar period, actually built 1,100 less miles of roads.
Georgia's active Federal-Aid highway program now leads all other states in the Region and stands tenth throughout the whole Nation. This means that we have built a stronger engineering staff and for the first time are current with our Federal-Aid road program. That speaks might well for the State Highway Board and its departmental staff, especially in view of the comparatively meager resources at their disposal.
While Georgia's total appropriation for highway construction and maintenance is roughly only $26,000,000 per year, Florida's Highway Department receives an annual appropriation of $44,000,000, North Carolina's $77,000,000 and Tennessee's $40,000,000. In addition, in years past, these states and others in the Southeast have voted large bond outlays for construction. Due to the present high cost of building roads and bridges, the time for floating bonds for that purpose has passed.
I am committed to a program of building more than 10,000 miles of new highways and rural roads over the next four years in Georgia, by constitutional allocation of all gasoline and tag tax revenues to road construction and maintenance. Of course, under the State's present tax structure, such an allocation is impossible. However, by the time of the next General Election when the Tax Revision Program is fully productive, a constitutional amendment allocating highway user revenues, less refunds and deductions allowed by law, to road building and maintenance, it seems to me, is not only desirable but necessary, if we are to protect our present investment in existing highways and are to carry out for the people a sound, well-planned and continuous building program in the future. The amount of gasoline tax now going to county governments for road construction and maintenance should be continued.

32

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Georgia sends to Washington each year in Federal taxes over $400,000,000. One of the best ways to get at least part of this money back is by our State taking full advantage of old-age, aid to dependent children and aid to the blind welfare assistance programs.
It has always been my firm belief that the need is great in Georgia among some of our people, and that this money is very well spent. It is certain good business for us to match as much of this Federal money as we can, especially when we take 30 cents out of one pocket and add 70 cents Federal money to it and put a dollar in the other pocket.
The State appropriation for needy assistance during the Talmadge administration has been raised from $6,500,000 per annum to a current budget of $11,600,000 per year, which is nearly double. With this new money, we have been able to add 40,000 needy Georgians to the assistance rolls, and have raised the average payments to all substantially.
The present welfare program in Georgia includes payments for needy persons 65 years of age and over and children under 16 years of age, and children ages 16 and 17 if they are regularly attending school, as well as the aid to the blind. Recent amendments to the Federal Public Assistance Act provided a fourth category for those persons over the age of 18 years who are totally and permanently disabled and who are in need.
Every day I receive letters from my friends all over the State about some relative, friend, neighbor, or themselves, who are permanently and totally disabled due to some physical disability, and are in dire need. Many of these letters enclose pictures showing the physical condition of the disabled persons.
One of the hardest jobs that I have had to perform during thE time that I have been your Governor, is in replying to these letters to have to say that there is no provision for cases of this type. Such is not the rule today. States may now participate in this new Federal program for aid to needy totally and permanently disabled on the same matching basis as old-age assistance.
The State Welfare Department estimates that there are 30,000 such persons in Georgia who would be eligible for these benefits. A $4,306,000 State appropriation per year is necessary for us to institute the fourth category of assistance. When we do this, we will bring into Georgia $8,435,000 in Federal matching money for this purpose, thus making possible a joint State-County-Federal expenditure of $13,270,000 for use in providing some measure of subsistence and security to our needy people whose condition renders them unable to help themselves. No purpose comes to my mind which is more Christian or truly worthwhile.
This program cannot be inaugurated under our present revenue sources nor can it be instituted under the proposed budget of $175,000,0CO predicated upon the adoption of a sales and coordinated income tax. A new tax measure designed to raise the required amount will be necessary to finance this worthy purpose. Unless provision is made to financ" it there is no use in passing the enabling legislation.

The general health of our people is Georgia's most precious re-

TUESDAY, JANUARY 9, 1951

33

source. The present administration realizes that it is an asset which must be protected. We have increased the total outlay for public health expenditures from $3,000,000 during the fiscal year 1947-48 to $5,000,000 during the last fiscal year. The latter figure does not include a $3,000,000 per year expenditure as the State's part in the cooperative rural hospital and health center construction program instituted by this administration shortly after it came into office.
We have made gratifying progress in carrying out the first phase of the hospital and health center building program. We now have either completed, under construction or approved 37 hospitals; 8 additions to existing hospitals; 2 nurses' homes; one State tubercular laboratory; two equipment only projects, and 37 public health centers, making a total of 87 separate projects in all. The aggregate State-Federal-Local expenditure for these exceeds $30,000,000. Tentatively approved and now in the planning stage are 29 more hospital and health center projects slated for construction during the 1951-52 fiscal year.
We certainly want to continue this vital program of providing these essential health facilities for our towns and cities throughout the State. Without question these improvements not only contribute greatly to the improved general health of the people they serve, but also are recognized civic assets in stimulating local development programs.

To institutions which have a warm spot in the hearts of all Georgians are the State Hospital at Milledgeville and Battey Hospital at Rome. We have greatly increased the appropriations for both institutions and the improvements which we have made for the comfort and care for both our tubercular and mentally ill patients are one of the outstanding accomplishments of this administration.
The new 1,000-bed psychiatric building already completed at Milledgeville, the modern dental building dedicated recently, and another 1,000-bed psychiatric hospital building and a general supply warehouse, both of which are under construction, will be of great help in reliving crowded conditions at that institution.
I am happy to announce to you today that we now have on the drawing boards plans for a 1,000-bed aged building, which has been so badly needed by the State Mental Hospital for such a long time.
New buildings at Battey Hospital, including a new nurses' home, enlarged dahy facilities, and opening of additional wards have made it possible for us to increase the patient load at the hospital from 1,317 to 1,640. Another nurses' home and an up-to-date laboratory, financed partially with Hill-Burton funds, will both be underway soon. These additions will make it possible for us to continue at a rapid rate our expansion at Battey to the maximum capacity of 2,000-beds.
I take extreme pride in the fact that the present administration has been able to employ several hundred more doctors, nu1ses, attendants and other personnel to look after the care and diet of patients at Battey and Milledgeville.
All of these improvements are only a part of a long-range plan which this administration has for both these important medical cent2rs. \Ve

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shall continue to work tirelessly to build these mercy institutions so that in the years to come, we can point with justifiable pride to Milledgeville Hospital and Battey Hospital as exemplary in their respective fields in
the Nation.

Georgia's ratio of doctors to population is substantially below the national average of one per thousand. We only have one doctor for every 1,500 population. Aggravating this general shortage is the fact that a large percentage of Georgia's total physician population is centered in metropolitan areas due to some extent perhaps because of the more advanced hospital and scientific facilities available for treatment of ~tients.
According to the State Health Department, seven counties in Georgia do not have a doctor residing in the county. They are Baker, Chattahoochee, Crawford, Dawson, Echols, Quitman and Webster. An additional eleven counties have only one physician in the county.
Georgia also has a shortage of registered nurses. While the Nationa! average is one registered nurse per 500 population, our State only has one nurse for every 800 population. Eight counties are without a registered nurse.
Public health services also suffer from a lack of trained doctors and nurses. Tw-enty-eight Georgia counties do not have a public health doctor or a public health nurse.
It is believed that the hospital and public health center construction program when carried to a successful conclusion will stimulate a better diffusion of medical doctors and nurses over the State, but it is evident that other remedies will have to be applied to assure an adequate number of doctors and nurses for practice in our rural counties.
At the present time, the University of Georgia Medical School graduates an average of 75 doctors per year. Part of these new doctors remain in the State to practice while others go outside the State to practice or engage in public health work. It is estimated that about 75 Georgia doctors die each year, and that three-fourths of these are in the rural areas, thus further aggravating the shortage there.
The teaching facilities at the University Medical School in Augusta have not been expanded since 1941 during the last administration of Eugene Talmadge. At that time, the buildings were remodeled so a<> to increase the enrollment per graduating class from 48 students to 75.
It is quite certain that the United States will maintain a high state of military mobilization during the next several years. Young doctors and nurses in Military Service will further deplete the ranks of doctors at home. To meet this problem, I recommend that the Gent>ral Assembly provide for the immediate expansion of the Medical School at Augusta so as to assure at least a minimum of 100 graduates per year from that institution. Expansion of existing buildings and constraction of such new medical school building facilities as are reqt~ircd, r~n be accomplished through the University System Building Authority already in operation.
I further recommend that provision be made for a fund to pro\',h

TUESDAY, JANUARY 9, 1951

35

loans for qualified young men and women to study medicine and nursing, who will agree to practice for stipulated periods in areas where the need for their services is greatest.
In connection with the expansion of the Medical School at Augusta, it has long been recognized that new additional general hospital facilities are necessary there for study purposes to preserve the college's accredited rating and to provide the latest in modern teaching techniques. By amending the State Hospital Authority Act and appropriating a fixed amount over the next four years, we can begin immediately to lay plans for solving this long-standing need. I am hopeful that we can obtain some federal funds in connection with this project and since the Atomic Energy Commission has located a plant within 20 miles of Augusta there is a possibility that we might receive aid from this agency.

One out of every six members of this General Assembly and one out of every six persons listening to me over the radio today throughout Georgia will have cancer sometime in their lives. Cancer will strike 514,000 men, women and children now alive in Georgia. The lives of at least 200,000 of these can be saved provided they detect symptoms in time and secure early treatment. Cancer stands second among the causes of death. It used to stand tenth. Cancer death rates continue to increase annually.
In 1949, the State Health Department spent $255,000 on cancer control and some 4,100 patients were treated at 17 State-aid clinics located over the State. I envision at the Medical Center in Augusta, a special section devoted to the detection and treatment of cancer, equipped wih every known and accepted device for its early recognition and proper treatment. Such a cancer center can work closely with local State-aid clinics and can perform diagnostic work in difficult cases where local facilities are inadequate.

Increased purchasing power of our people, plentiful raw materials, an unlimited supply of dependable labor, together with National defense production requirements make possible in Georgia undreamed of industrial growth in the immediate years to come. All of our State's resources must be utilized in such a manner as to take full advantage of sound opportunities for expansion as they present themselves. We should be alert to secure our share of defense plants. The National policy and trend toward dispersal of key factories should serve to help many of our less densely populated areas to secure a measure of factory growth. This will mean constant payrolls and a good opportunity for our farm families to round-out their incomes during slack seasons. Large industrial plants located in our cities will mean more and better jobs. It shall certainly be the continuing policy of this administration to work tirelessly to advance the standard of living of all our people.

The huge State Port project at the Savannah Quartermaster Depot
instituted by the present administration will mean much to both farm and industry. The warehouses there will provide storage facilities and the new docks, when completed, will berth four modern cargo vessels

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with all ease. Favorable water transportation rates will give Georgia shippers a competitive edge in both domestic and foreign markets.
Gross rental receipts aggregating $782,000.00 dollars on warehouse space leased to both the Federal Commodity Credit Corporation and private concerns have nearly paid back the original purchase price of $808,100. The facility, worth conservatively between $6,000,000 and $9,000,000, has been termed "the bargain of the century."
Originally it was planned to borrow $4,500,000 from the Reconstruction Finance Corporation in Washington to finance construction of the docks, adjacent transit sheds and other improvements. The RFC, recognizing the soundness of the project, approved the loan at an interest rate of four per cent, shortly before the adjourned session of the General Assembly last January. However, members of the Port Authority and myself managed to borrow $5,000,000 from private investment houses at a lesser rate of 3lh per cent. It has been estimated that savings to the State in interest alone will amount to $500,000.00.
As you perhaps recall, during the 1949 session of the General Assembly, I requested that our Georgia Ports' development be financed on a "pay as you go" basis. I believe that in view of subsequent developments, this has proved to be the wisest policy.
Already a contract has been let for construction of the wharfs, piers and aprons for the State Port at Savannah. The total bid was $1,791,639.00. Work will begin this month and letting of the transit sheds, loading facilities and other improvements will come as soon as plans and specifications are completed.

During the last war American production from both the field and factory was as important in winning the war as the valor of our troops on the front lines. In Georgia we have always had harmonious relations between management and labor. Our record on this score far surpasses that of other sections of our Nation. We are in another era of armed conflict where all-out production from the field and the factory is again paramount. It is my recommendation that this General Assembly examine the laws relating to management and labor and see that neither has an unfair legal advantage of the other and at the same time the riglits of the general public are adequately protected at all times.

Georgia is, and will continue to be, an agricultural State. The income which largely builds our cities comes from Georgia fields and forests and the labor of her people. While it is highly desirable and necessary that we exert every effort to balance our agriculture with sound industrial development, we must also see to it that everything is done which can be done to further enrich the State's unlimited farm, livestock and dairying possibilities.
The present administration has done more to advance the development of farmer's markets than any other in history. Georgia leads the Southeast in this field, and has become one of the leading states in the whole Nation in the operation of farmers' markets.
During the last two years, we have worked closely through your

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37

State Department of Commerce with local community organizations toward stimulating the erection of processing plants to finish our raw materials here at home. I am happy to report to you here today that we have made substantial progress along this line.
Your State Administration has cooperated in every way with the vital Soil Conservation movement in this State.
All of these worthy programs will be continued and strengthened.
At my request, the State Board of Regents has laid plans for the establishment of three additional experiment stations located in different sections of the State. The record which our existing experiment stations have made has meant millions of dollars in the pockets of our Georgia fa1mers. I am very glad that we will be able to substantially extend the scope of this important work.

One of the first affirmative acts which this administration took when it was inaugurated was to go all-out with a State-wide forestry protection and reforestation program. Timber is developing into one of Georgia's great money crops. Here is a field which offers great hopes for the State, and one which should be given every encouragement. We have more than trebled the appropriation to the Forestry Department from $247,000 to $890,000, and have increased the number of counties with forest fire protection units from 43 to a total now of 86 counties. The amount of acreage under protection and the production of seedling pines for reforestation have been doubled. The 125 new galvanized steel lookout towers, probably virtually unobtainable today, which you see rising skyward over Georgia, have been put there by the present administration so that destructive forest fires can be spotted in their incipient stages and contained to a small locality. It is this administration's goal during the next four years to extend this program to every county in the State that desires its benefits.

I am sure that many of you gentlemen in this Assembly are veterans of World Wars I and II, and possible some of you are SpanishAmerican War veterans. The record which the State Department of Veterans Service has made during this administration is an impressive one indeed.
Adult academic education courses instituted by this administration, where veterans are taught basic grade and high school subjects, are now established in 140 counties with 17,397 veterans receiving training and subsistence benefits under the program. Expansion of on-the-farm training has been equally impressive. The number of veterans receiving this type of instruction increased from 12,924 in October 1948 to a peak of 20,226 during the month of June, 1950. Statistics gathered by the Federal Veterans Administration show that the number of veterans undergoing training in trade schools and other related courses has increased from 11,000 in October 1948 to 29,024 as of November 1, 1950. Former fighting men who have completed their studies under these programs have gone on into farming or business, and the success stories many of them have made have been inspiring indeed. We feel that we have been amply justified for exerting every effort to secure this training and subsistence for our former fighting men.

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Due to the fact that many of our young men are overseas, and thousands more are going into the Armed Services every day, the number of veterans needing specialized services and assistance will increase. It shall be our purpose during the coming four years to work closely with the leadership of the State Veterans' organizations, to the end that Georgia shall not be lacking in meeting its responsibilities to those who are sacrificing so much for the safety and future security of their country.
As you perhaps know, the 1949 General Assembly provided free honorary drivers' licenses at my request for veterans or their widows. Recently, I issued an Executive Order suspending the necessity for veterans of the Korean War to pay the customary fee for drivers' licenses. I did this because I was sure that this General Assembly would want to extend the benefit of an honorary drivers' license to these brave men and women who are engaged in a life or death struggle to prevent the hordes of Communism from inflaming the world in a general war.

From all indications, it appears that in the immediate years to come larger numbers of United States troops will be shipped to overseas bases, exceeding substantially the number normally required for occupation duties. Under the present law, no date is fixed for State-wide primary elections, and that perogative is exercised by the State Committees of Political Parties holding the primaries. Under the Soldier Ballot Law, as it existed during World War II, political parties were required to certify nominees to the Secretary of State at least 90 days prior to the General Election. It also provided a means for registerhtg members of the Armed Forces and gave ample time for both the Ordinaries of the State and county registrars to get ballots to them and returned in time for counting in county, state and national elections.
Since this law worked well during its period of operation, and due to the fact that election officials are familiar with its provisions, I believe that we should give consideration to re-enacting it for as long _a time as large numbers of Georgia's young men and women are far removed from the State in the service of our Armed Forces. My only suggestion is that the time for its expiration be made abundantly clear so that there will be no future uncertainty about that feature.

Now, I should like to discuss with you a subject which could overnight become the paramount function of all levels of the government, that is-Civil Defense.
The state's responsibility in this regard is to supervise and coordinate on a State-wide basis all of those activities that provide for warning against air or guided missile attack, evacuation of devastated areas, medical aid, relief, feeding, housing and other similar emergency measures.
Several months ago, well in advance of the Korean outbreak, I appointed Adjutant General Ernest Vandiver to immediately lay the groundwork for Georgia's State Civil Defense organization. Even though he had no appropriation for this purpose, General Vandiver proceeded within the limitations of available Military Department funds, and is

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39

ready for the immediate activation of a State-wide Civil Defense organization as soon as this General Assembly enacts the necessary legislation and appropriates funds to carry out its designated responsibilities.
The importance of all-out preparedness cannot be over-emphasized. If another World War comes, no part of America will be immune from attack. Casualties can be reduced. Property losses can be minimized through everyone knowing what he or she must do when such an attack comes. One nuisance raid of no military consequence could cause widespread panic and disrupt the whole Nation if our people are not fully informed and ready.
Only a part of the National Guard has been summoned into Federal Service. Sufficient strength still remains in Georgia to cope with problems of internal security should they arise. However, with increased calls to active service anticipated during the next several months, the strength of National Guard Forces within Georgia may be depleted to such an extent as to necessitate formation of State Guard similar to that of World War II. General Vandiver has already set up a skeleton organization so that it can be pressed into service within a minimum length of time. Legislation is requested by the Administration at this session to authorize the creation of the State Guard if needed to replace the National Guard for Home Defense purposes.

We have reviewed for you what this administration has achieved during the last two years through operation of your State Government on a sound, business-like basis. The record shows we have placed "first things first" and exercised practical economies wherever possible. Nonessential activities and useless personnel have been dispensed with in favor of those functions of the government which render real service to the people.
We have discussed with you our platform for building a greater State with broader opportunities and a fuller life for ourselves and our children. All factions of the political campaign last summer agreed that the essential ingredients of this program are indispensable to the State's progress and development.
The Tax Revision Committee, created by a joint resolution of both the House and Senate, has spent many months studying the operation and needs of the various departments of our State government. Practically every major State official and experts in many fields have testified before this Committee whose membership is constituted of persons with widely divergent financial, business, occupational and professional interests. The study this Committee has made has, I think, been an important contribution to the welfare of the State. It has ferreted out many important facts about the operation of the government and its needs.
At the present time, the Committee points out, Georgia is spending in round figures approximately $130,500,000.00 per year to operate the State government. Of this amount, $118,000,000.00 or 90 per cent of the total State budget is spent for education, highways, welfare and health. Even in spite of this fact, you will find that all of our problems of finance are centered in these four functions of the government, and it is here where the need for expansion is greatest. The Department of

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Agriculture, Forestry, Game and Fish, Public Safety, Revenue, the Legislative, Executive and Judicial Branches, and all other State Departments only account for approximately $12,000,000.00 or 10 percent of our total budget of $130,000,000.00.
The emergency session of the General Assembly in July of 1949, imposed temporary additional taxes on cigarettes, wine, beer, gasoline and corporate incomes. These temporary levies amounting to approximately $20,000,000.00 \viii expire by operation of law on July 1, 1951.
Therefore, the Tax Revision Committee concludes that if we are to adequately finance our school, road, pension and health programs, $75,000,000.00 extra money will be necessary. Since 90 percent of our total income is now going for these purposes, it is clear that other sources of revenue will have to be resorted to if we are to raise the required amount.
Recommendations of the Committee will be presented to you in the form of bills, the mere important of which call for:
(1) Adoption of a three percent consumer, retail sales and use tax without exemptions.
(2) Consideration of a revision of the present income tax law by coordinating such tax with the sales tax imposed so as to equalize the taxation in producing the revenue required.
(3) Abandoning ad valorem taxation of property by the State.
( 4) The repeal of all unnecessary so-called nuisance licenses or taxes.
Thinking of the future of our school boys and girls-
Being constantly aware of the dire needs of many of our old people and dependent children-
Wanting to do what is just and right by our blind and disabled-
Feeling deep concern over our sick and realizing the importance of protecting the general health of our people-
Looking forward to the day when broad highways and interlocking rural feeder roads criss-cross the State-
Knowing that Georgia, backed as it is by a strong and honest people, can take its rightful high place among the sisterhood of states-
As your Governor, I most respectfully give my concurrence and support to the recommendations of the Tax Revision Committee for translating a broad program of needed services for the people into reality.
I have never been in favor of a sales tax, and do not favor it now, except as a last resort. The sum of $75,000,000.00 is so great that it cannot be raised by selective sales and other taxes without passing the point of diminishing returns or putting a backbreaking burden upon the individuals upon whom such a series of taxes might be imposed.
Under the present tax structure in Georgia, only about twenty-five percent of our people pay any appreciable amount of taxes to the sup-

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41

port of the State government. When you take into consideration the ever-increasing amount of services which the people are demanding, you will realize that we cannot continue to broaden and expand these programs with only a small minority of our people carrying the load.
According to our Democratic concepts, we believe that the essential role of government is to provide beneficial se1vi<..es for all of the people. We are building hospitals in which people are born. Public health services are provided throughout the entire life span. As soon as our children reach school age, we are transporting them in State-supported school buses over State roads to public schools, where they are furnished free school books and in many instances, free lunches. Welfare and other social programs give our people some measure of human security. Soil conservation, State Markets, Forestry Protection, Agriculture and Entomology Divisions directly serve our farm people. State Parks provide recreation for all. Heavier modern-day traffic has necessitated better highways and more rural roads. The more competitive economy in which we live calls for vocational and farm training for our young people as well as a greater emphasis on higher education. All of these benefits and more, cost money. There is no use for us to try to fool ourselves about this point. Either the taxes must be paid, or these worthy services curtailed or discontinued.
The State Auditor and State Revenue Department officials have informed me that recent increases in Federal income taxes will reduce the State's revenue from corporate and individual income taxes about $5,000,000 per year.
Our major problem in dealing with the State income tax law at this session will be to amend its present provisions in such particulars as to accomplish two purposes. The first, to insure that Georgia continues to receive from income taxes at least as much money as it is now getting, and second, to fix the rates so as to equalize the tax burden on all income groups in accordance with every person's individual ability to pay.
We can greatly simplify the collection of State incom-e taxes by a simple provision that the net corporate or individual income established for Federal tax purposes shall be taken as the net income in computing the amount of income taxes due to the State of Georgia. It would be a simple matter then to adjust the rates in regard to all brackets so as to accomplish the objectives which I have outlined above.
When undertaking the program of tax revision, I would like to ask this General Assembly to bear in mind that the most important consideration that they can keep constantly before them is that of trying to achieve ease of administration and the least clerical burden on the taxpayer.
In evolving a stable tax structure as it appnes to business it is far better to quote lower rates of taxation than to have abnormally high rates with a myriad number of exemptions and deductions unknown except to tax experts. Such laws discourage the influx of industry and require armies of revenue agents to administer. Even though our Georgia income tax law on the whole compares favorably, or is better than those of sister states, our corporate income tax rates show up on tax tables as substantially higher than other States bidding for new development capital.

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I am very much in accord with the recommendation for repeal of the unnecessary nuisance taxes which cost nearly one-third of their total receipts to collect. These bothersome license and professional taxes levied on practically every pursuit, calling, business, corporation, trade and profession should be repealed. Personnel engaged in this collection activity can be put to work, if qualified, in the enforcement and collection of more productive sources of revenue.
It has always been the policy of this administration to aid and .strengthen our county and city governments wherever possible. I believe that local self-government closest to the people is the best and most efficient that can be devised. For that reason, I have long advocated a constitutional amendment eliminating ad valorem tax for State purposes, thus leaving this field entirely to our cities and counties. This reform has been widely endorsed and has the approval of the County Commissioners' Association, Georgia Municipal Association and other groups who have adopted resolutions from time to time urging this step.
Lastly, in connection with tax revision, I believe that it would be advisable for us also to propose a constitutional amendment to the people eliminating entirely the State, County and City tax on all household and kitchen furniture, livestock, farm products and other items of personal property of this type. This levy on personalty leads to so many inequities and abuses that I believe its abolition would be in order and would result in very little loss of revenue.
----------------0----------------
In conclusion, let me reaffirm the position of this administration on two important subjects which I consider of continuing paramount importance.
First--Georgia's cherished traditions and institutions protected by the State Constitution will be defended against all attack.
Second--Georgia's County Unit System will be in good hands during the next four years.
Georgia's County Unit System springs from the tradition of our people, the fundamental precepts of our Democratic Party and the statute books of our State.
Within the last decade groups whose thinking is not in line with the thinking of the South nor of Georgians have laid deep-seated plans and are making a desperate effort to destroy our traditional County Unit System.
It is patterned after the Electoral College in our National Constitution and its purpose is to protect small counties from the large counties, poor counties from the rich counties, the weak from the strong, in order that all ... poor, weak, rich and strong might have an effective voice in their governmental affairs.
Knowing that it was the aim of many self-seeking interests, who would control the destiny of our State, to destroy the County Unit l:ly,;tem, I recommended to the last General Assembly the submission of an amendment to incorporate the County Unit System into the State Constitution and to extend it to the General Election.
Unfortunately, it was voted on at a time there were no candidates

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43

running for any office who had opposition. The absentee-owned newspapers of our State were unanimous in their vitriolic opposition. People who were opposed to the County Unit System turned out and voted in about the same strength they did.in the primary. The rural counties of Georgia voted anywhere from 20-60% of their strength. Yet, a majority of the electors in 112 of our counties favored the proposed amendment. The majority against the county Unit System in Fulton and DeKalb counties alone was 40,253. The majority against the amendment in the entire State was only 29,945. The vote in Fulton and DeKalb counties alone cancelled the entire voting will of 112 counties in our State. This is exactly what would happen in every election in Georgia if the County Unit System we1e destroyed.
I am convinced that a great majority of the people of our State desire our County Unit System strengthened and protected. It is, therefore, recommended that you submit to the electorate of this State another Constitutional Amendment to be voted on in November 1952 incorporating the identical language of the County Unit statute law now governing primaries in the Constitution of Georgia where it will be preserved and protected for all time to come unless a majority of the electors of this State should choose to eliminate it.

Now, my friends, the time for decisive action has come. We must steel ourselves to make sacrifices. Let us here in Georgia assume our burdens cheerfully and in a spirit of working together to lighten the load all of us, collectively, will be forced to bear.
This is no time for agitation, for strife, or for disagreement among ourselves.
We must fan and keep alive the burning coal of liberty. We must follow the principle of "all for one and one for all." The strong must protect the weak and all of us must toil willingly in a common cause.
Permit me to bespeak for myself, as your governor and for the members of the two branches of this solemnly assembled legislature the help, the aid, the prayers and the unstinted support of the masses of the people of our State.
Every representative and every senator in our legislative body, I am assured, stands ready to meet his responsibilities face to face and to give the best in his heart and mind to the solution of the problems which confront us.
As your Chief Executive, I renew my pledge to give to you the full measure of whatever talents, ability and energy I possess. As never before all of us must be imbued with that deep sense of patriotic service to this State and Nation without which we cannot hope to survive.
And as Christian soldiers, marching ahead under the banner of the cross of Jesus, let us fight for our principles of freedom, for our homes and firesides and battle under the guidance of an Almighty God who will never desert the cause of righteousness in the fateful struggle with the forces of Evil.
The Oath of Office was administered to Lieutenant-Governor Elect S.
Marvin Griffin by Judge Tom S. Candler of the Supreme Court of Georgia.

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Lieutenant-Governor Griffin delivered the following ;tddress to the General Assembly:
GOVERNOR TALMADGE, DISTINGUISHED VISITORS, MEMBERS OF THE GENERAL ASSEMBLY ASSEMBLED IN JOINT SESSION, STATEHOUSE OFFICERS, AND MY FELLOW GEORGIANS:
In my brief remarks on this occasion I shall not attempt to discuss the welfare of our great state. The Governor, in his inaugural address, has already ably and eloquently outlined the state's present budgetary commitments, and, as the policy maker in state government, he has pointed out to this assembly in joint session budgetary requirements and needs for the various state departments and agencies for the next two years. These are matters which will address themselves to you as lawmakers during the next 70 days. It is a herculean task, but one which I feel confident will be accomplished by the members of this distinguished body.
We are assembled today to inaugurate a new administration of state government in Georgia at a time which is perhaps the most perilous period in the history of our nation. At a time when there should be harmony, there is disunity. At a time when there should be courage, there is fear and doubt. At a time when there should be pride in our institutions of government, there are attempts to tear down the faith of our people in a republican fmm of government and the blessings we enjoy as a free people. Indecision and inaction have replaced determination and a sincerity of purpose. Apathy is the watchword rather than constructive planning. This comes at a time when we have been virtually driven out of Korea. Thousands of American men have given their lives on the battle fronts of this far-distant land-confronted with overwhelming odds our armed forces have been forced to fold up the Stars and Stripes, leave their dead comrades in graves behind them and retreat time after time until at this hour there is only a small beachhead left. This beachhead portends the disaster of another Dunkirk.
These are the men, my fellow Georgians, who are fighting for the best fed people of any people on the face of the globe. These are the sons of the best dressed people of any nation in the world and these are the soldiers of a democracy which has the greatest industrial potential of any nation in the world today. These are the sons of the advocates of the free enterprise or capitalist system as against communism and slavery. These courageous men realize that there is a war on in Korea. They are making the sacrifice we called on them to make. They are keeping the faith; they have fought a good fight, and in the words of the Duke of Wellington, theirs is not an easy lot. When he said, and I quote: "Take my word for it, if you had seen but one day of war, you would pray to Almighty God that you might never see such a thing again." Yes, they are in a war. They, I believe, realize this nation is engaged in a fight for survival, a struggle for our very existence as free people as against slavery.
There is fear around the firesides in America today. America has fought and won 7 wars in the 175 years of our existence as a nation because our people had faith in our American philosophy of government. It has been aptly said that men of the past had convictions while we moderns have opinions. My conviction now is that America will survive if our people revalue morality-religion-courage-knowledge and sacri-

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fice and that we shall preserve our American way of life and ultimately destroy the false ideology of communism when we recapture some of our former virtues. In the words of Ben Franklin, "A good newspaper and Bible in every house, .a good school in every district, and a church in every neighborhood, all appreciated as they deserve are the chief support of virtue, morality, civil liberty and religion." These are the attributes which have contributed materially to America's greatness in the past and these are the threads to be woven in our moral fibre to carry us safely through these critical times.
We, in Georgia, are only a small part of the nation, but an important part. We cannot force our will or mandates upon others; however, we can set an example in this great state to be emulated by Americans throughout the union.
During these times which try men's souls we can rededicate ourselves to the fundamental principles of democracy.
We can let bygones be bygones and forget factional politics in Georgia for the duration.
We can lend a full measure of cooperation to every undertaking in this state designed to promote the progress, prosperity, happiness and security of our people.
We can pledge our full cooperation and lend our best efforts to the federal government to provide security and promote the national defense, ~o as to hasten the day when hostilities will cease and peace come to a troubled people.
Thtmgh it is not often said, the thought which goes through each and every one of our minds today is that if war comes will there be "panic". I can say now that we in Georgia, have faith in our state government, faith in our national government, but most of all an abiding faith in Almighty God and that in the end "Let us have faith that right makes might, and in that faith, let us to the end dare to do our duty, as we understand it."
As your Lieutenant Governor, I wish to pledge my unqualified cooperation and my support to this General Assembly in its deliberations, to this administration, and to the people of this state who have entrusted me with the duties of their office of Lieutenant Governor. I thank you.
Senator Connell of the 6th District moved that the Joint Session of the General Assembly be dissolved and the motion prevailed.
The President of the Senate announced the joint session dissolved.
The Speaker called the House to order.
The Speaker announced the following Committee Assignments:

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STANDING COMMITTEES of the
HOUSE OF REPRESENTATIVES Term 1951-1952

ACADEMY FOR THE BLIND

Vickers of Coffee, Chairman Risner, Vice-Chairman Clay, Secretary
Baughman
Black Bolton
Brannen Britton Burgamy Byrd Clark Coffin Cranford Durden Durham Freeman

Green of Cherokee Hale Harper Harrell Henderson Jordan Murr Nelson Robertson of Coweta Scott Sheffield Sumner Whitworth Williams of Houston Wood

AMENDMENTS TO THE CONSTITUTION No. 1

Freeman, Chairman Sivell, Vice-Chairman Twitty, Secretary
Abney of Catoosa Adams of Brantley Ad,.ams of Upson Barber of Jackson Dicus Gardner Gowen Harris Hawkins Hilton Holley Jackson Johnson of Hall Jolly

Jordan McWhorter Ray Rogers Rowland Scoggin Scott Sheffield Short Smith of Carroll Smith of Emanuel Stevens of Marion Tarpley Trapnell Warren Wright

AMENDMENTS TO THE CONSTITUTION No. 2

Nightingale, Chairman
Page, Vice-Chairman Hale, Secretary
Abney of Catoosa Bell of DeKalb Bell o{ Richmond
Birdsong
Deen

Denton
Fears Greene of Crisp Groover Hall of Toombs Hollis
Huddleston Jessup

TUESDAY, JANUARY 9, 1951

47

Kelley King Lanier Leach Lewis of Greene Lovett McGarity Murr

Raulerson Smiley Stocks Terry Waldrop Whitworth Williams of Cobb

APPROPRIATIONS

Lovett, Chairman Ursrey, Vice-Chairman Scoggin, Secretary
Adams of Upson Barber of Jackson Beasley Black Britton Clark Clary Claxton Coffin Cranford Dally Deen Denton Dicus Durden Durham Freeman Gardner Green of Irwin Greene of Crisp Greer Groover Harper Johnson of Hall

Key Lam Langdale Lavender Lewis of Greene McGee McWhorter Mims Mishoe Murphy Newman Parker Pittard Risner Sivell Smith of Carroll H. Smith of FuJton Stocks Sumner Tippens
Todd Tumlin Weems White Wilkes Willingham Willis

AUDITING
Claxton, Chairman Hall of Toombs, Vice-Chairman Jessup, Secretary
Aycock Birdsong Campbell of Walker De en Edenfield Gary Green of Cherokee Harrell King Knight Lam

Leach Lewis of Hancock McKelvey McWhorter Parker Raulerson Smiley Walker of Crawford Warren White Whitworth
Williams of Houston
Wright

48

JOURNAL OF THE HOUSE,

AVIATION
Jones of Lumpkin, Chairman Neville, Vice-Chairman Brantley, Secretary
Abney of Walker Claxton Cranford Durham Green of Cherokee Greene of Crisp Greer Guthrie Hadden Hawkins Henderson Huddleston Jackson Johnson of Hall Jordan

Kemp King Lavender McGee McWhorter Murr Newman Pickett Risner Stanton Stevens of Marion Terry Todd Vickers Walker of Crawford Wheeler Williams of Houston Wilkes

BANKS AND BANKING

Tarbutton, Chairman Tippins, Vice-Chairman Graham, Secretary
Adams of Evans Adams of Upson Aycock Barber of Colquitt Bell of Richmond Bolton Brantley Britton Clark Coffin Dews Edenfield Flynt Garrard Greene of Crisp Greer Harper

Huddleston Johnson of Hall Jolly Key Langdale Leach Lovett McWhorter Mangum Mull Otwell Ray Scott Short M. Smith of Fulton Walker of Telfair White Wiggins Williams of Houston Wooten

COMMERCE
Greene of Crisp, Chairman Johnson of Hall, Vice-Chairman Birdsong, Secretary
Baughman Bell of Richmond Black Brantley Britton Burgamy Burkett

Cornelius Deen Guthrie Harrell
Huddleston Knight Lavender Mishoe 1\!m-r Page

TUESDAY, JANUARY 9, 1951

49

Peacock Pittard Robertson of Dawson Rowland

Stanton Stocks Ursrey Williams of Houston

CONSERVATION
Edenfield, Chairman Battles, Vice-Chairman Musgrove, Secretary
Abney of Catoosa Adams of Brantley Adams of Evans Barrett Beasley Burkett Byrd Callier Dally Flynt Garrard Gillis Green of Irwin Hale Hall of Toombs Harrell Harris Henderson Herrin

Jordan Kennedy King Mangum Mims Mishoe Newman Parker Ramsey Raulerson Rollins Sivell Stewart Sumner Tarbutton Tillman Todd Turk Vickers Ursrey Wilkes Wilkinson

CORPORATION
Coogle, Chairman King, Vice-Chairman Deen, Secretary
Adams of Upson Baughman Bentley Black Brazeal Campbell of Walker Claxton Cornelius Durden Edenfield Hadden Hall of Floyd Hawkins

Holley Jackson Jolly Kemp Knight Lavender Lovett McGee Newman Rowland M. Smith of Fulton Stevens of Marion Terry Vandiver Vickers Williams of Houston

COUNTIES AND COUNTY MATTERS

Alverson. Chairman Baughm~n, Vice-Chairman Coffin, Secretary
Adams of Upson
Ball

Bell of DeKalb Bolton Brazeal Burkett Dally

50

JOURNAL OF THE HOUSE,

Deason Dews Dorsey Edenfield Gardner Green of Irwin Greene of Crisp Hale Hall of Floyd Henderson Herrin Hollis Hood Hopkins Kemp King Knight Lanier Murr Nelson Nightingale

Otwell Overby Parker Pickett Pittard Rogers Short Sivell Stocks Sumner Tamplin Tarpley Tillman Todd Ursrey White Williams of Cobb Willingham Willis Wood

DRAINAGE
Bargeron, Chairman Lewis of Hancock, Vice-Chairman Overby, Secretary
Barrett Bennett Brazeal Brooks Campbell of Oconee Greer Hollis Key Kidd

Langdale McCracken Mangum Matthews Ray Smiley Smith of Emanuel H. Smith of Fulton Twitty Wheeler Willis

EDUCATION NO. 1

Duncan, Chairman Lam, Vice-Chairman Hall of Floyd, Secretary
Barber of Colquitt Battles Bennett Birdsong Boggus Brazeal Brooks Burgamy Cornelius Deason Green of Rabun Guthrie Hollis

Jolly Knight Lanier Leach Lovett Murr Overby Page Raulerson Rollins H. Smith of Fulton Terry Todd Wiggins
Williams of Houston Wilkinson

TUESDAY, JANUARY 9, 1951

51

EDUCATION NO.2

Adams of Evans, Chairman Aycock, Vice-Chairman Cranford, Secretary
Adams of Upson Beasley Biggers Brantley Britton Clark Claxton Durden Green of Cherokee Greene of Crisp Greer Griffith Henderson Holley Jessup

Jordan Lewis of Hancock McGee McKelvey Musgrove Otwell Peacock Pittard Robertson of Dawson Rowland Stevens of Marion Stocks Tamplin Tarpley Warren White Wilkes

ENGROSSING
Green of Rabun, Chairman Byrd, Vice-Chairman Walker of Telfair, Secretary
Baughman Boone Brooks Burgamy Clark Deason Edenfield Green of Cherokee Harper Hawkins Hood

Lavender McGee Mackay Newman Peacock Robertson of Dawson Sheffield Smiley Stanton Stocks Tarpley Ursrey \Veems Wilkes

ENROLLMENT
Dorsey, Chairman Jolly, Vice-Chairman Terry, Secretary
Alverson Bell of Richmond Bolton Brantley Campbell of Oconee Carr Coffin Deen

Griffith Hadden Harrell Herrin Jackson Jessup Langdale Parker Stewart \Vooten

EXCUSE OF MEMBERS ABSENT WITHOUT LEAVE

McGarity, Chairman Barrett, Vice-Chairman Vandiver, Secretary

Bolton Boone Brazeal

52

JOURNAL OF THE HOUSE,

Coogle Cranford Hale Hall of Floyd Hawkins Henderson Hopkins Jackson Johnson of Hall Kemp King Knight
Lam

McKelvey McWhorter Mishoe Murphy Newman Peacock Risner Rowland Smiley Tumlin Vickers White

GAME AND FISH

Langdale, Chairman Stocks, Vice-Chairman Clary, Secretary
Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Barber of Jackson Bargeron Baughman Beasley Black Boggus Brantley Carr Cates Claxton Dally Duncan Durham Fears Flynt Gardner Garrard Gary Gillis Gowen Green of Cherokee Greene of Crisp Hadden

Hall of Toombs Henderson Herrin Hilton Hood Huddleston Jessup Jordan Kemp Kidd Leach Matthews Peacock Ramsey Raulerson Robertson of Dawson Sheffield M. Smith of Fulton Tarpley Terry Turk Walker of Crawford Weems White Wilkes Wilkinson Willingham Willis Wright

GENERAL AGRICULTURE NO. 1

Campbell of Oconee, Chairman Ursrey, Vice-Chairman Coffin, Secretary
Aycock Ball Barber of Colquitt Bargeron

Barrett Best Black Brantley Brazeal Byrd Callier

TUESDAY, JANUARY 9, 1951

53

Cates Coffin Coogle Clary Dally Deason Dews Duncan Edenfield Freeman Garrard Gary Guthrie Hadden Harrell Herrin Hilton Johnston of Worth Knight Lanier

Little Matthews Mims Mishoe Nelson Owens Ramsey Raulerson Robertson of Dawson Rowland Stevens of Marion Stocks Tamplin Tippins Trapnell Twitty Vickers Walker of Telfair Wheeler Wilkinson

GENERAL AGRICULTURE NO. 2

Rogers of Heard, Chairman Baughman, Vice-Chairman Short, Secretary ,
Adams of Upson Bennett Boggus Brannen Burkett Cornelius Deen Dorsey Green of Irwin Harris Hawkins Henderson Jessup Kennedy Langdale

Lavender Lewis of Greene Mims Murr Pickett Register Rollins Sheffield Simmons Sivell Smith of Carroll Stanton Stewart Tarbutton Tillman Whitworth Williams of Cobb Williams of Houston

GENERAL JUDICIARY NO. 1

Gowen, Chairman Leach, Vice-Chairman Gardner, Secretary
Barber of Jackson Bennett Burgamy
Clark Covington Cranford Deen Freeman Jackson

Johnston of Worth Key Langdale Lewis of Hancock McCracken McWhorter Mackay Matthews Murr Neville Overby Pickett

54

JOURNAL OF THE HOUSE,

Rogers H. Smith of Fulton Tarpley T"';tty

Whitworth Wiggins
Williams of Cobb Wooten

GENERAL JUDICIARY NO. 2

Hollis, Chairman Brooks, Vice-Chairman Pittard, Secretary
Adams of Upson Alverson Bentley Clay Dally Edenfield Flynt Gary Gillis Green of Irwin Hadden

Hale Hall of Floyd Hall of Toombs Mims Murphy
Newman Nightingale Owens Todd Tumlin Ursrey Vandiver Willis Wood

GEORGIA SCHOOL FOR THE DEAF

Scoggin, Chairman Gary, Vice-Chairman Lewis of Greene, Secretary
Bentley Biggers Covington Green of Cherokee Guthrie Hall of Floyd Hawkins Herrin Hopkins Huddleston Jessup Jones of Bartow

Jones of Lumpkin Kemp Lam
Langdale Mackay Murr Newman Robertson of Dawson Stanton Tillman Tippins
Vickers Walker of Crawford White Wilkes

GEORGIA STATE SANITARIUM

Kidd, Chairman Boone, Vice-Chairman Jackson, Secretary
Alverson Barber of Colquitt Barber of Jackson Barrett Bell of Richmond Bentley Brannen Brooks Burkett Campbell of Walker Coogle

Dorsey Durham Gardner Gillis Green of Rabun Griffith Hadden Harrell Henderson Hilton Jolly Lanier Lewis of Hancock McCracken

TUESDAY, JANUARY 9, 1951

55

McKelvey Mims Mishoe Newman Parker Peacock Pittard Risner Rowland Sumner Stevens of Marion

Terry Ursrey Vandiver Walker of Crawford Warren Wheeler White Willingham Willis Wood

HALLS AND ROOMS

McWhorter, Chairman Durden, Vice-Chairman Burkett, Secretary
Beasley Boone Brantley Byrd Callier Carr Clay Durham Garrard Guthrie Hadden Hilton

Jackson Kemp Knight McGarity Mackay Pickard Pickett Robertson of Dawson Rollins Simmons M. Smith of Fulton Walker of Crawford
Wood Wooten Wright

HISTORICAL RESEARCH

Raulerson, Chairman Mull, Vice-Chairman Durham, Secretary
Abney of Catoosa Baughman Bell of DeKalb Bell of Richmond Black Bolton Boone Cranford Denton Dorsey Fears Guthrie

Harper Hawkins Holley Hood Kennedy Lanier Peacock Pittard Simmons H. Smith of Fulton Tillman Vandiver Vickers Walker of Telfair

HYGIENE AND SANITATION

Smith of Bryan, Chairman
Sumner, Vice-Chairman Carr, Secretary
Abney of Walker Aycock Ball

Baughman
Bentley Black Cranford Fears Gary

JOURNAL OF THE HOUSE,

Green of Cherokee Griffith Groover Hall of Floyd Herrin Jessup Jolly Jones of Bartow King Lam McGee Mishoe

Murphy Pittard Ramsey Ray Rowland Sheffield Stanton Tumlin Turk Twitty Walker of Crawford Weems

INDUSTRIAL RELATIONS

Rowland, Chairman McGee, Vice-Chairman Williams of Cobb, Secretary
Battles Barber of Colquitt Best Birdsong Durden Groover Harper Harris Holley

Kennedy Key McKelvey Mackay Overby Ray Scott Tarbutton Twitty Vandiver Waldrop

INSURANCE
M. Smith of Fulton, Chairman Harper, Vice-Chairman Dicus, Secretary
Adams of Evans Adams of Upson Barber of Colquitt Brantley Campbell of Walker Dally Freeman Garrard Gary Groover Hadden Hall of Floyd Hood Hopkins Johnston of Worth Jones of Lumpkin Key Lam Lavender

Lewis of Greene Lewis of Hancock Mackay Mull Otwell Owens Peacock Robertson of Coweta Short Smith of Carroll Stevens of Marion Tippens Walker of Crawford Walker of Telfair Weems Wheeler White Wiggins
Wiliams of Houston Wilkes Wood

INTERSTATE COOPERATION

Smith of Emanuel, Chairman McCracken, Vice-Chairman Ray, Secretary

Lewis of Hancock Twitty

TUESDAY, JANUARY 9, 1951

57

INVALID PENSION AND SOLDIERS HOME

Whitworth, Chairman Trapnell, Vice-Chairman Robertson of Coweta, Secretary
Bell of DeKalb Boone Claxton Coogle Durham Guthrie Hall of Toombs Jackson

Jones of Bartow Kennedy Lewis of Greene Mull Neville Pickard Simmons Sivell M. Smith of Fulton Ursrey Waldrop

Callier, Chairman Tamplin, Vice-Chairman Huddleston, Secretary
Bell of DeKalb Best Brannen Burgamy
Carr Coffin Durham Flynt Green of Cherokee Green of Irwin Hale Harper

JOURNALS

Harris Lanier Little Musgrove Neville Robertson of Coweta Rollins Simmons Smith of Bryan Stanton Stevens of Marion Tillman Trapnell Tumlin Wilkinson

LEGISLATIVE AND CONGRESSIONAL RE-APPORTIONMENT

Lewis of Hancock, Chairman Best, Vice-Chairman Stewart, Secretary
Alverson Aycock Barber of Jackson Bargeron Battles Burkett Campbell of Oconee Deen Dorsey Durham

Lavender McCracken Matthews Neville Overby Ray Smith of Bryan Smith of Carroll Tarpley Vandiver Weems Wiggins
Wood

Wilkes, Chairman
Hood, Vice-Chairman Ramsey, Secretary
Alverson Ball Barrett

MANUFACTURERS
Biggers Britton Campbell of Walker Coffin Clary Clay

58

JOURNAL OF THE HOUSE,

Cranford Denton Fears Flynt Griffith Hopkins Kitchens Lam Lavender Leach Lewis of Hancock Little Lovett

McGee Mull Murphy
Neville Owens Peacock Pickett Register Robertson of Coweta Short Stephens of Towns Tillman

MILITARY AFFAIRS

Overby, Chairman Brazeal, Vice-Chairman Jones of Lumpkin, Secretary
Abney of Walker Beasley Bell of Richmond Biggers Bolton Brooks Clay Covington Cranford Dally Dews Durden Fears Greene of Crisp Griffith Hawkins Henderson

Hollis Jolly Jones of Bartow Kelley
Kidd King Langdale Lewis of Greene Lovett Murphy
Murr Neville Nightingale Owens Page Sumner Terry Wilkes Williams of Cobb Willingham

MINES AND MINING

Abney of Walker, Chairman Tumlin, Vice-Chairman McKelvey, Secretary
Bentley Black Brannen Britton Clark Cornelius Covington Dicus Dorsey Green of Rabun

Hale Jessup Jones of Bartow Jones of Lumpkin Little Murphy Register Simmons Stephens of Towns Turk Walker of Telfair Willingham Wood

TUESDAY, JANUARY 9, 1951

59

MOTOR VEHICLES

Gillis, Chairman Kidd, Vice-Chairman Hopkins, Secretary
Abney of Walker Barber of Colquitt Bargeron Barrett Battle Beasley Brannen Brazeal Brooks Cates Campbell of Oconee Coogle Duncan Edenfield Freeman Gary Hall of Floyd Hall of Toombs Harper

Hood Huddleston Johnston of Worth Jones of Lumpkin Jordan Key Langdale Lewis of Hancock Little McCracken Mangum Mull Nelson Neville Otwell Owens Pickard Pittard Register Sheffield Smith of Emanuel Warren

MUNICIPAL GOVERNMENT

Bennett, Chairman Barber of Colquitt, Vice-Chairman Wooten, Secretary
Best Clark Clay Coogle Cornelius Denton Duncan Durham Freeman Garrard Gowen Green of Rabun Holley Kemp

Key McCracken McGarity McGee McKelvey Mackay Overby Pickard Risner Scoggin Simmons Smith of Carroll H. Smith of Fulton Terry Tumlin Williams of Cobb

PENITENTIARY
Cates, Chairman Kemp, Vice-Chairman Mims, Secretary
Abney of Walker Adams of Brantley Aycock Ball Barber of Jackson Bargeron

Bennett Black Boggus Burkett Byrd Campbell of Walker
Carr Coffin Gardner

60

JOURNAL OF THE HOUSE,

Gillis Graham Hall of Toombs Harris Kidd Lam Little McCracken Musgrove Pickard Pickett Register

Risner Scoggin Sivell Smiley
M. Smith of Fulton Tarbutton Tumlin Ursrey Weems Wheeler Williams of Cobb

Murr, Chairman Wright, Vice-Chairman Willis, Secretary
Adams of Upson Bentley Bolton Brannen Clary Dorsey Duncan Durham Gowen Groover Harper Hopkins Jessup Kelley Kemp Kitchens

PENSIONS

Lewis of Greene Mishoe Newman Page Ramsey Register Robertson of Coweta Simmons Smith of Bryan Stanton Stephens of Towns Tippens Todd Trapnell Tumlin Vandiver Waldrop Wilkinson

PRIVILEGES AND ELECTIONS

Johnston of Worth, Chairman Waldrop, Vice-Chairman Deason, Secretary
Adams of Brantley Barber of Colquitt Bell of DeKalb Best Campbell of Walker Claxton Coogle Covington Dally Dews Dorsey Fears Flynt

Griffith Harris Hollis Jones of Bartow Kelley Kitchens Little Mull Pickett Ramsey Rogers Short Sivell Tamplin Warren Wooten

TUESDAY, JANUARY 9, 1951

61

PRIVILEGES OF THE FLOOR

Pickard, Chairman Groover, Vice-Chairman Burgamy, Secretary
Abney of Catoosa Ball Birdsong Bolton Brannen Britton Clary Dicus Freeman Gowen Greene of Crisp Hilton

Huddleston Little McWhorter Mims Musgrove Nelson Otwell Page Smith of Bryan Tippens Trapnell Ursrey Waldrop Whitworth Wilkes

PUBLIC HIGHWAYS No. 1

Brazeal, Chairman Mangum, Vice-Chairman Black, Secretary
Adams of Evans Aycock Baughman Bell of Richmond Bennett Biggers Brooks Burkett Byrd Callier Campbell of Walker
Cates Coogle Deason Durham Flynt Gardner Gillis Green of Cherokee Green of Rabun Greene of Crisp Greer Groover
Hale Harrell Harris

Hilton Hood Hopkins Johnson of Hall Johnston of Worth Jordan Key King Lovett McCracken McKelvey Mishoe Pickard Scoggin Short Sivell Smiley Smith of Emanuel Stocks Tamplin Tippens Trapnell Twitty Vickers Walker of Telfair Wheeler Wilkinson Willis Wright

PUBLIC HIGHWAYS No.2

Sheffield, Chairman Owens, Vice-Chairman Dews, Secretary
Adams of Upson

Ball Barber of Colquitt Beasley Boggus

62

JOURNAL OF THE HOUSE,

Brantley Clark Cornelius Duncan Edenfield Garrard Griffith Guthrie Hawkins Herrin Jones of Lumpkin Kitchens Lewis of Greene McGarity Mull Murphy Musgrove
Otwell Parker Pickett

Ramsey Raulerson Robertson of Dawson Smith of Carroll M. Smith of Fulton Stanton Stewart Sumner Tarbutton Tarpley Tillman Todd Turk Ursrey Vandiver Weems Whitworth Wiggins
Williams of Houston Willingham

PUBLIC LIBRARY

Jessup, Chairman Holley, Vice-Chairman Risner, Secretary
Barber of Jackson Bentley Birdsong Carr Clary Clay Dally Deason Denton

Flynt Harris Hilton Jones of Lumpkin Mims Nelson Raulerson Simmons Stephens of Towns Wooten Wright

PUBLIC PRINTING

Boone, Chairman Green of Irwin, Vice-Chairman Willingham, Secretary
Best Burgamy
Callier Clary Covington Deason Hollis Kitchens

McWhorter Murphy Nelson Owens H. Smith of Fulton Stephens of Towns Tamplin Ursrey Wilkes Wooten

PUBLIC PROPERTY

Henderson, Chairman Wheeler, Vice-Chairman Abney of Catoosa, Secretary
Biggers

Dicus Graham Hood Kelley

TUESDAY, JANUARY 9, 1951

63

Key Kidd McGarity Nightingale Otwell Pickett Register Rollins Short

Smith of Bryan Sumner Trapnell Turk Walker of Crawford Wilkinson Willingham Willis

PUBLIC UTILITIES

Bell of Richmond, Chairman Biggers, Vice-Chairman Register, Secretary
Abney of Walker Adams of Brantley Adams of Evans Alverson Ball Bell of DeKalb Clay Coogle Dews Duncan Fears Green of Rabun Greene of Crisp Hopkins Huddleston Johnson of Hall Johnston of Worth Jones of Bartow

Jones of Lumpkin Kelley Key Kitchens Lavender Lovett Mull Parker Pickard Risner Robertson of Coweta Rogers Scott M. Smith of Fulton Tippens Trapnell
Walker of Telfair Warren Weems Wheeler

PUBLIC WELFARE

Greer, Chairman Boggus, Vice-Chairman Bolton, Secretary
Adams of Evans Aycock Battles Beasley Black Clay Fears Graham Green of Rabun Groover Kemp

Lam Lewis of Greene McKelvey McWhorter Mishoe Nelson Page Robertson of Coweta Todd Waldrop Weems Wiggins Wright

Hilton, Chairman Dally, Vice-Chairman Kitchens, Secretary

RAILROADS

Ball Beasley Bell of DeKalb

64

JOl!RNAL OF THE HOUSE,

Boggus
Callier Clay Dicus Freeman Garrard Green of Irwin Holley Jones of Bartow Kennedy Key Knight McGarity McGee Mangum

Mull Musgrove Rogers Scoggin Smith of Bryan Stephens of Towns Sumner Turk Waldrop Walker of Telfair Williams of Cobb Willingham Wood Wright

Mr. Speaker, Chairman Twitty, Vice-Chairman Lewis of Hancock, Secretary
Alverson Aycock Bargeron Battles Bennett Brazeal Brooks Cates Coogle Covington Deason Duncan Edenfield Gardner Gillis Gowen Hollis Hood Jackson

RULES

Jordan Kemp Key Kidd Lovett McCracken Mangum Matthews Neville Overby Owens Ray Rogers Sheffield Smiley Smith of Bryan Smith of Emanuel Stevens of Marion Vickers Walker of Telfair Wiggins Willis

SANITARIUM AT ALTO AND ROME

Covington, Chairman Griffith, Vice-Chairman Wiggins, Secretary
Abney of Catoosa Battles Bell of DeKalb
Claxton
Cornelius Dicus Dorsey Durden Garrard Hale

Hall of Floyd Johnston of Worth Jolly Kelley Kennedy
Murphy
Otwell
Overby Register Rogers Sivell Stephens of Towns Turk

TUESDAY, JANUARY 9, 1951

65

Weems Whitworth

Wilkes Wooten

SPECIAL APPROPRIATIONS

Smiley, Chairman Cornelius, Vice-Chairman Hawkins, Secretary
Adams of Evans Bentley Biggers Birdsong Britton Burgamy Clay Deason Dews Dorsey Fears Flynt Graham Griffith Guthrie Hale Herrin Johnston of Worth Kelley

Kitchens Mackay Mangum Musgrove Nightingale Otwell Owens Page Peacock Pickett Ramsey Register Robertson of Coweta Scott Simmons Terry Waldrop Walker of Crawford Wilkinson Williams of Houston
Wood Wooten

SPECIAL JUDICIARY

Smith of Carroll, Chairman Adams of Brantley, Vice-Chairman Denton, Secretary
Battles Bell of DeKalb Bell of Richmond Birdsong Bolton Cornelius Dicus Harris Henderson Johnson of Hall Jones of Bartow Kelley

Kennedy Kitchens Knight Little McKelvey Mishoe Musgrove Page Risner Simmons Stephens of Towns Tamplin Tippens Williams of Houston

STATE OF THE REPUBLIC

McCracken, Chairman Brooks, Vice-Chairman Todd, Secretary
Abney of Catoosa
Abney of Walker Adams of Brantley Alverson Aycock

Ball Bargeron Barrett
Battles
Baughman Bennett Boone Britton

66

JOURNAL OF THE HOUSE,

Burkett Byrd Callier Campbell of Oconee
Cates Dews Edenfield Flynt Garrard Gary Gillis Graham Green of Rabun Hadden Harrell Hilton Holley Huddleston Jackson Johnston of Worth Jolly King Kitchens Lewis of Hancock

Lovett McGarity McKelvey Mangum Murr Nelson Overby Peacock Ray Rogers Scoggin Smiley Smith of Bryan Smith of Carroll Smith of Emanuel Stevens of Marion Stocks Tarbutton Trapnell Twitty Vickers Walker of Telfair Warren Wright

STATE PRISON FARMS

Stevens of Marion, Chairman Mishoe, Vice-Chairman Wood, Secretary
Adams of Evans Best Biggers Boggus Burgamy Callier Clary Dews Dicus Duncan Edenfield Green of Irwin Greer Hall of Toombs Henderson

Johnston of Worth Kennedy Kitchens Lanier McGarity Mangum Nelson Nightingale Ramsey Rogers Stephens Sumner Todd Trapnell Vandiver Walker of Telfair Wooten

TEMPERANCE
Smith of Emanuel, Chairman Adams of Brantley, Vice-Chairman King, Secretary
Alverson Bargeron Barrett Brooks Coogle

Dicus Durden Gardner Gowen Graham Key
McCracken
McGarity

TUESDAY, JANUARY 9, 1951

67

McGee Neville Nightingale Smiley H. Smith of Fulton

Tarbutton Twitty Wheeler Willis

TRAINING SCHOOLS

Hopkins, Chairman Parker, Vice-Chairman Clark, Secretary
Adams of Brantley Battles Beasley Biggers Boone Britton Deason Graham Green of Irwin Green of Rabun Groover Hall of Toombs Herrin

Johnson of Hall Jones of Bartow Kelley Lam Matthews Mims Page Pickard Raulerson Risner Sheffield Smith of Carroll Stephens of Towns Stewart Turk Waldrop

UNIFORM STATE LAWS

Herrin, Chairman Otwell, Vice-Chairman Turk, Secretary
Adams of Evans Bell of DeKalb Biggers Birdsong Boggus Brannen Carr Clary Denton Freeman Green of Irwin Holley

Hollis Kelley Nightingale Owens Parker Robertson of Dawson Risner Scott Stephens of Towns Tamplin Tarpley Vandiver Waldrop Warren Williams of Cobb

UNIVERSITY SYSTEM OF GEORGIA

Matthews, Chairman H. Smith of Fulton, Vice-Chairman Barber of Jackson, Secretary
Abney of Walker Bell of Richmond Bennett
Best Brooks Campbell of Oconee Campbell of Walker Carr

Cates Covington Dally Deen Duncan Durden
Fears Gardner Gary Gillis Gowen

68

JOURNAL OF THE HOUSE,

Graham Greer Griffith Groover Hollis Hopkins Jones of Bartow Jones of Lumpkin Kidd Langdale Mackay Mangum Murphy Murr Musgrove Neville Nightingale Overby

Owens Page Pittard Ray Rogers Rowland Scott Smith of Bryan Smith of Carroll M. Smith of Fulton Stewart Sumner Tarbutton Tumlin Whitworth Wiggins Williams of Cobb

VETERANS AFFAIRS

Bargeron, Chairman Lanier, Vice-Chairman Scott, Secretary
Baughman Best Brazeal Campbell of Oconee Campbell of Walker Clary
Ball Bennett Britton Burgamy Byrd Dicus Gardner Graham Huddleston

Johnson of Hall Jordan Lavender Leach Mackay Pittard Robertson of Coweta Rollins Scoggin Short H. Smith of Fulton Stewart Tarpley Tippens Tumlin Wheeler Wiggins

WAYS AND MEANS

Ray, Chairman Garrard, Vice-Chairman Key, Secretary
Adams of Brantley Adams of Evans Barber of Colquitt Bargeron Barrett Baughman Bell of Richmond Best Boggus Bolton Boone

Brannen Brantley Brazeal Byrd Callier Campbell of Oconee Campbell of Walker Cates Coogle Cornelius Covington Duncan Gary
Gowen

TUESDAY, JANUARY 9, 1951

69

Green of Rabun Hall of Floyd
Hall of Toombs Harrell Harris Hawkins Henderson Jessup Jones of Lumpkin Kennedy Kidd Leach Little McGarity Matthews Mull

Pickard Raulerson Rollins Smiley Smith of Emanuel M. Smith of Fulton Stanton Stewart Tamplin Tarbutton Tillman Turk Twitty Wheeler Whitworth

WESTERN & ATLANTIC RAILROAD

Campbell of Walker, Chairman White, Vice-Chairman ~lurphy, Secretary
Abney of Catoosa Abney of Walker Aycock Barber of Jackson Bargeron Barrett Bennett Bentley Britton Brooks Callier Campbell of Oconee Carr Cates Coogle Cornelius Covington Dews Dorsey Duncan Durden Gillis Graham Green of Rabun

Groover Hilton Holley Hollis Jones of Bartow Jones of Lumpkin Kidd Lam Lanier McGarity Matthews Mims Musgrove Pickett Ray Robertson of Dawson Rollins Scott Smith of Carroll Stewart Tamplin Tarpley Tillman Tumlin Warren Wilkinson

Mr. T\\<itty of Mitchell moved that tRe House do now adjourn until 10:00 o'clock, A. M., tomorrow morning and the motion prevailed.

Leave of absence was granted to Mrr Lavender of Elbert on account of urgent business.

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

70

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Wednesday, January lOth, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.
Prayer was offered by the Chaplain.

By unanimous consent, the call of the roll was dispensed with.
Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be 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. Reading and reference of House 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 1. By Messrs. Hand and Twitty of Mitchell, Matthews of Clarke, Ray of
Warren, Smith of Emanuel, Langdale of Lowndes and many others. A Bill to be entitled an Act to create the State School Building Authority, and for other purposes.
Referred to the Committee on Education # 1.
HB 2. By Messrs. Ray of Warren, Matthews of Clarke, Twitty of Mitchell, Key of Jasper, Langdale of Lowndes and many others. A Bill to be entitled an Act to authorize the levy and collection of a general retailers sales and use tax, and for other purposes.
Referred to the Committee on Ways and Means.
HB 3. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Campbell of Walker and Gowen of Glynn. A Bill to be entitled an Act to amend an Act providing for the levy and collection of a tax for support of State Government education purposes, to pay the public debt, and for other purposes.
Referred to the Committee on Ways and Means.
HB 4. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of
Emanuel, Campbell of Walker, Gowen of Glynn and Key of Jasper.

WEDNESDAY, JANUARY 10, 1951

71

A Bill to be entitled an Act to amend an Act to prevent discrimination against residents of the State of Georgia on the subject of taxation of accounts receivable and notes not secured by real estate, and for other purposes.
Referred to the Committee on Ways and Means.

HB 5. By Messrs. Hand and Twitty of Mitchell, Gardner of Dougherty, Campbell of Oconee, Ray of Warren, Key of Jasper and Lewis of Hancock.
A Bill to be entitled an Act to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies, and for other purposes.
Referred to the Committee on Ways and Means.

HB 6. By Messrs. Twitty of Mitchell, Greer of Lanier, Bargeron of Burke, Byrd of Taylor and Lewis of Hancock:
A Bill to be entitled an Act to repeal an Act with reference to application of rates and schedules of tax collectors, and for other purposes.
Referred to the Committee on Public Welfare.
HB 7. By Messrs. Cornelius and McKelvey of Polk:
A Bill to be entitled an Act to amend an Act of the Code of 1933 as amended, wherein a "tax over one-half of one per cent", for ordinary current expenses" is prohibited from being levied by municipalities; and for other purposes.
Referred to the Committee on Municipal Government.

HB 8. By Mr. Kitchens of Twiggs:
A Bill to be entitled an Act to provide for the levy and payment of a license tax by every person, firm or corporation doing domestic or intrastate business engaging in the business of selling manufacturing, purchasing, consigning, using, shipping and distributing for the purpose of sale Soft drinks, and for other purposes.
Referred to the Committee on Ways and Means.

HB 9. By Messrl'. Tarbutton of Washington and Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to authorize the Jekyll Island State Park Authority to enter into a contract for the building of a bridge across Jekyll Creek to be operated as a Toll Bridge, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 10. By Messrs. Lewis of Hancock, Gowen of Glynn, Jackson of Jones, Smith of Emanuel, Freeman of Monroe and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Public Safety Department," so as to change and increase the salaries of all Troopers and Officers up to and including Sergeant Majors, and for other purposes.
Referred to the Committee on General Judiciary # 1.

72

JOURl'\AL OF THE HOUSE,

HB 11. By Mr. Bell of Richmond:
A Bill to be entitled an Act to amend an Act relating to the essentials of marriage by requiring that marriage be performed as required 'by statutory law so that no person can enter into a marriage under the common law, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 12. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Matthews of Clarke:
A Bill to be entitled an Act to prohibit groups of three or more persons from parading, assembling or gathering while masked or otherwise disguised, except as provided in the Act, and for other purposes.
Referred to the Committee on Drainage.

HB 13. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend the Charter of the City of Pelham, and for other purposes.
Referred to the Committee on Municipal Government.

HB 14. By Messrs. Bell of Richmond, Page of Chatham and Bennett of Barrow:
A Bill to .be entitled an Act to amend an Act relating to recording of deeds so as to provide that deeds shall be presumed to be executed in the State and County of the official attesting witness notwithstanding the caption to the contrary, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 15. By Messrs. Bell of Richmond, Page of Chatham and Bennett of Barrow:
A Bill to be entitled an Act to amend an Act so as to provide that instruments shall be conclusively considered to be executed by the attesting officer in the state and county in which he had authority to act, the caption to the contrary notwithstanding, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 16. By Messrs. Bell of Richmond and Page of Chatham:
A Bill to be entitled an Act to amend an Act so as to provide that Notaries Public may attest instruments in any county of the State, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 17. By Messrs. Bell of Richmond and Bennett of Barrow:
A Bill to be entitled an Act to amend an Act which relates to the application for Homestead Exemption so as to provide that the owner which occupies his residence as a homestead shall not have to apply for exemption for such residence but one time so long as he continuously occupies said residences, and for other purposes.

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73

HB 18. By Mr. Bell of Richmond:
A Bill to be entitled an Act to amend an Act so as to authorize Judges of the Superior Court to sentence any person who pleads guilty to murder to confinement in the penitentiary for life in the discretion of such judges, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 19. By Messrs. Overby of Hall, Abney of Walker, Langdale of Lowndes, Abney of Catoosa, Jones of Lumpkin, Covington of Floyd, Twitty of Mitchell, Tamplin of Morgan and others:
A Bill to be entitled an Act regulating traffic on streets and highways; to effect a complete revision of all and singular the laws of this State, and for other purposes.
Referred to the Committee on Motor Vehicle.

HB 20. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to provide that insurance companies writing fire insurance must pay the full face value of the amount of the policy in the case of total loss by fire, but in no event more than the amount of the insurance stated in the contract, and for other purposes.
Referred to the Committee on Insurance.

HB 21. By Messrs. Lewis of Hancock, Twitty of Mitchell, Gowen of Glynn:
A Bill to be entitled an Act to amend an Act which provides for and regulates legal advertisement relating to chartering, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 22. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act relating to limited partnerships, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 23. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act which provides for and regulates the certification and recordation of corporate bonds and the prohibition against and penalty for circulation of such uncertified and unrecorded corporate bonds, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 24. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act providing for service by publication on a non-resident corporation having no public place of business, no office, or agent in the State of Georgia, and for other purposes.
Referred to the Committee on General Judiciary #2.

74

JOURNAL OF THE HOUSE,

liB 25. By Messrs. Greer of Lanier and Musgrove of Clinch: A Bill to be entitled an Act to create the School Building Authority, and for other purposes.
Referred to the Committee on Education # 1.

HB 26. By Messrs. Hopkins of Charlton, Adams of Brantley, Key of Jasper, Edenfield of Emanuel and Garrard of Wilkes:
A Bill to be entitled an Act to amend an Act to regulate the making and manufacturing and selling of domestic and foreign wines and for licensing of retail and wholesale dealers and wineries, and for other purposes.
Referred to the Committee on Ways and Means.

HB 27. By Messrs. Clary of McDuffie, Overby of Hall, Adams of Brantley, Wheeler of Seminole and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act known as the "Welfare Reorganization Act", and for other purposes.
Referred to the Committee on State of Republic.

HB 28. By Messrs. Edenfield of Emanuel, Wheeler of Seminole, Clary of McDuffie, Carr of Whitfield, and others:
A Bill to be entitled an Act to amend an Act creating the State Hospital Authority, and for other purposes.
Referred to the Committee on State of Republic.

HB 29. By Messrs. Hand and Twitty of Mitchell, Gowen of Glynn, Page of Chatham, Smith of Emanuel and Hood of Chatham:
A Bill to be entitled an Act to facilitate vehicular traffic in the State of Georgia by providing for the construction, maintenance, repair and operation of turnpike projects; and for other purposes.
Referred to the Committee on Public Highways # 1.

HB 30. By Messrs. Overby of Hall, Ray of Warren, Tamplin of Morgan, Twitty of Mitchell, Lewis of Hancock, Covington of Floyd, Smith of Carroll and Matthews of Clarke:
A Bill to be entitled an Act to repeal the Act establishing state wide district juvenile courts, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 31. By Messrs. Campbell of Oconee, Tamplin of Morgan, Dally of Walton and Cates of Burke:
A Bill to be entitled an Act requiring purchasers of milk or dairy products on a butter fat basis to make bi-weekly butter fat tests, and for other purposes.
Referred to the Committee on General Agriculture # 1.

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75

HB 32. By Messrs. Campbell of Oconee, Garrard of Wilkes, Cates of Burke, and Bargeron of Burke:
A Bill to be entitled an Act to amend an Act which Act created a Milk Control Board, and for other purposes.
Referred to the Committee on General Agriculture # 1.

HB 33. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to be known as the Uniform Support of Dependents Law, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 34. By Messrs. Tamplin of Morgan, Dally of Walton, Stanton of Newton and Key of Jasper :
A bill to be entitled an Act to amend an Act which Act created a Milk Control Board, and for other purposes.
Referred to the Committee on General Agriculture # 1.

HB 35. By Mr. Denton of Paulding:
A Bill to be entitled an Act to repeal an Act which shall provide that husband and wife shall be competent but not compellable to give evidence for or against the other in any criminal proceeding, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 36. By Messrs. Greer of Lanier, Smith of Fulton, Nightingale of Glynn, Alverson of Fulton, Gowen of Glynn, Du1den of Dougherty and many others:
A Bill to be entitled an Act to regulate or prohibit the wearing of a mask, hood or any device whereby any portion of the face is so hidden, disguised or covered as to conceal the identity of the wearer while upon the public ways in this State, and for other purposes.
Referred to the Committee on Public Welfare.

HB 37. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act prohibiting insurance companies organized and operating under the laws of this state from acquiring or holding more than ten ( 10) per cent of the securities of any single corporation, and for other purposes.
Referred to the Committee on Insurance.
HB 38. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act to provide for nomination by political parties in this State of candidates for U. S. Senator, Governor, State House Officers, etc., and for other purposes.
Referred to the Committee on State of Republic.

76

JOURNAL OF THE HOUSE,

HB 39. By Messrs. Hall of Toombs, Langdale of Lowndes, Ursrey of Jeff Davis, Hopkins of Charlton and many others:
A Bill to be entitled an Act to amend an Act relating to motor vehicle license plates, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 40. By Mr. Greer of Lanier:
A Bill to be entitled an Act to safeguard the legality and regularity of primary elections in Georgia, and for other purposes.
Referred to the Committee on State of Republic.

HB 41. By Messrs. Ray of Warren, Campbell of Oconee, Gowen of Glynn, Rogers of Heard, Twitty and Hand of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend Title 92 (Public Revenue) Motor Fuel Tax Law, and for other purposes.
Referred to the Committee on Ways and Means.

HB 42. By Messrs. Smith of Emanuel, Ray of Warren, Campbell of Oconee, Tamplin of Morgan, Gardner of Dougherty and Twitty of Mitchell:
A Bill to be entitled an Act to provide for levying, assessing and collecting an income tax on net incomes, and for other purposes.
Referred to the Committee on Ways and Means.
HB 43. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee, Dally of Walton, Tamplin of Morgan and Stanton of Newton:
A Bill to be entitled an Act to create the Department of Revenue; to provide for the appointment, etc., of a State Revenue Commissioner, etc., and for other purposes.
Referred to the Committee on State of Republic.
HB 44. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee, Tamplin of Morgan, Stanton of Newton and Dally of Walton:
A Bill to be entitled an Act to amend an Act entitled "University System Building Authority, and for other purposes.
Referred to the Committee on University System of Georgia.

HB 45. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee ::wd others.
A Bill to be entitled an Act to provide for license and excise taxes upon dealers in malt beverages, and for other purposes.
Referretl. to the Committee on Ways and Means.

WEDNESDAY, JANUARY 10, 1951

77

HB 46. By Messrs. Twitty of Mitchell, H. Smith of Fulton, Alverson of Fulton, Overby of Hall, Lewis of Hancock and Greer of Lanier:
A Bill to be entitled an Act to levy a privilege tax upon recording of certain documents; and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 47. By Messrs. Overby of Hall, Lewis of Hancock, Smith of Emanuel, Smith of Carroll, Matthews of Clarke and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act which Act equalized the salaries of certain State Officials and provided for the salary and subsistence of the members of the State Pardon and Parole Board, and for other purposes.
Referred to the Committee on State Prison Farm.

HB 48. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act which Act provides for the members of the State Board of Health, so as to provide that the number of members shall be increased from 14 to 16 and that the Georgia State Nurses Association shall submit nominees for members to the Governor, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 49. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to private banks, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 50. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to Trial and Judgment in any action in the courts of this State in the nature of a Mandamus against the Superintendent of Banks, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 51. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the Purchase and ownership of stocks, bonds and other investment securities by banks, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 52. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act pertaining to the rate of taxation under the State Income Tax Law, and for other purposes.
Referred to the Committee on Ways and Means.

78

JOURNAL OF THE HOUSE,

HB 53. By Messrs. Gowen of Glynn, Britton of Whitfield, Bargeron of Burke, Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and others.
A Bill to be entitled an Act to provide for Municipal Home Rule, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 54. By Messrs. Musgrove of Clinch and Overby of Hall:
A Bill to be entitled an Act to provide that certain types of sample ballots shall be lawful, and for other purposes.
Referred to the Committee on State of Republic.

HB 55. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act granting corporate authority to the City of Americus, and for other purposes.

Referred to the Committee on Municipal Government.

HB 56. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act granting corporate authority to the City of Americus, and for other purposes.
Referred to the Committee on Municipal Government.

HB 57. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 58. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act to establish the City Court of Americus, and for other purposes.
Referred to the Committee on Municipal Government.

HB 59. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend the charter of the Town of Homeland, and for other purposes.
Referred to the Committee on Municipal Government.

HB 60. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Folkston, and for other purposes.
Referred to the Committee on Municipal Government.

WEDNESDAY, JANUARY 10, 1951

79

HB 61. By Messrs. Scott and Willis of Thomas.
A Bill to be entitled an Act to amend the charter of the City of Thomasville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 62. By Messrs. Scott and Willis of Thomas:
A Bill to be enttiled an Act to amend the charter of the City of Thomasville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 63. By Messrs. Scott and Willis of Thomas: A Bill to be entitled an Act to amend the charter of the City of Thomasville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 64. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend the Act establishing a new charter for the City of Folkston, and for other purposes.
Referred to the Committee on Municipal Government.

HB 65. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for the County of Charlton, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 66. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act granting corporate authority to the City of Americus, and for other purposes.
Referred to the Committee on Municipal Government.

HB 67. By Mr. Weems of Chattooga:
A Bill to be entitled an Act to amend an Act to establish the City Court of Chattoooga County, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 68. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act creating a system of retirement for employees of the City of Americus, and for other purposes.
Referred to the Committee on Municipal Government.

80

JOURNAL OF THE HOUSE,

HB 69. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act to establish the City Court of Americus, and for other purposes.
Referred to the Committee on Municipal Government.

HB 70. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus power and authority to sell and convey to the abutting owner on the west the fee simple title to a certain portion of Front Avenue, and for other purposes.
Referred to the Committee on Municipal Government.

HB 71. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act amending the charter of the City of Columbus, and for other purposes.
Referred to the Committee on Municipal Government.

HB 72. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A Bill to be entitled an Act to abolish the offices of tax receiver and tax collector of Muscogee County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 73. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act to provide that Muscogee County provide for a pension for present and future employees, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 74. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus power and authority to close a portion of Seventh Street, and for other purposes.
Referred to the Committee on Municipal Government.

HB 75. By Messrs. Vandiver, Clay and Wood 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.
Referred to the Committee on Municipal Government.

HB 76. By Mr. Knight of Gordon:
A Bill to be entitled an Act to amend the Charter of the City of Calhoun, and for other purposes.
Referred to the Committee on Municipal Government.

WEDNESDAY, JANUARY 10, 1951

81

HB 77. By Mr. Twitty of Mitchell: A Bill to be entitled an Act to amend an Act relating to the limit of loans by banks, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 78. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act, relating to the incorporation of banks and to the examination and investigation by the Superintendent of Banks of application for Bank Charter, etc., and for other purposes.
Referred to the Committee on Banks and Banking.
HB 79. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act which provides the method for taxing the Capital Stock of Banks and Banking Associations in the hands of their shareholders and prohibits any tax upon the capital of such institutions, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 80. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A .Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta and later amended changing the name to Criminal Court of Fulton County; to provide for the compensation of the Judges and Solicitor General, and for other purposes.
Referred to the Committee on Counties and County Matters.
HE 81. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to authorize and direct the Commissioners of Roads and Revenues in all counties with a population of over 300,000 to fix the salaries of the Ordinaries in such counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 82. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court in the Atlanta Judicial Circuit as applied to the office of Solicitor General, etc., and for other purposes.
Referred to the Committee on Special Judiciary.

HB 83. By Mr. Herrin of Echols:
A Bill to be entitled an Act to repeal an Act to provide for the division of Echols County into three Commissioners Districts, and for other purposes.
Referred to the Committee on Counties and County Matt<!rs.

82

JOURNAL OF THE HOUSE,

HB 84. By Messrs. Smith and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Villa Rica, and for other purposes.
Referred to the Committee on Municipal Government.

HB 85. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to amend the Act creating and relative to the Board of Commissioners of Roads and Revenues of Clarke County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 86. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to amend an Act creating and relative to City of Athens, and for other purposes.
Referred to the Committee on Municipal Government.

HB 87. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Mitchell County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 88. By Messrs. Twitty and Hand of Mitchell:
A Bill to be entitled an Act to ratify and confirm the Ordinance of the Mayor and Council of the City of Camilla abandoning and closing a portion of the Alley and/or Street known as Stevenson Street, and for other purposes.
Referred to the Committee on Municipal Government.

HB 89. By Mr. Whitworth of Madison:
A Bill to be entitled an Act to incorporate the City of Ila in the County of Madison, and for other purpo1<es.
Referred to the Committee on Municipal Government.

HR 10-89a. By Messrs. Hand and Twitty of Mitchell:
A Resolution to provide for the furnishing of certain lost or destroyed Georgia Reports and Code to Mitchell County; and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 11-89b. By Messrs. Adams of Evans, Edenfield of Emanuel, Gowen of Glynn, Hall of Floyd, Overby of Hall and others.
A Resolution so as to eliminate the provision thereof permitting the General Assembly to levy ad valorem taxes on property for State purposes during any cne year at a rate not to exceed five mills on each dollar, and to substitute therefor a provision prohibiting the General

WEDNESDAY, JANUARY 10, 1951

83

Assembly from levying any ad valorem taxes whatsoever for State purposes, except for repelling invasions, suppressing insurrections or defending the State in time of war, etc., and for other purposes.
Referred to the Committee on Amendments to the Constitution #2.

HR 12-89c. By Messrs. Lewis of Hancock, Hall of Floyd, Adams of Brantley, Clary of McDuffie, Carr of Whitfield and many others.
A Resolution to ratify the Twenty-second Amendment to the Constitution of the United States by the Legislature of the State of Georgia.
Referred to the Committee on Amendments to the Constituion # 1.

HR 13-89d. By Messrs. Pittard and Matthews of Clarke, Boone of Wilkinson, Stanton of Newton, Dally of Walton, Carr of Whitfield and Abney of Catoosa:
A Resolution to provide that the powers of taxation exercised by the General Assembly shall include the power to make provision for the payment of pensions to ex-Confederate Soldiers and to the widows of Confederate Soldiers who were married to such soldiers prior to January 1, 1925 and who are unmarried, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

HR 14-89e. By Messrs. McGee, Page and Hood of Chatham:
A Resolution to provide for the appointment of a committee to be called "Ports and Waterways Committee".
Referred to the Committee on Rules.

HR 15-89f. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gower. of Glynn, Greer of Lanier, and Hollis of Muscogee.
A Resolution amending the rules of the House, and for other purposes.
Referred to the Committee on Rules.

HR 16-89g. By Messrs. Smith of Carroll, Bennett of Barrow, Birdsong of Troup, Rogers of Heard, Mims of Miller, Durham of Baker and others.
A Resolution to provide for a joint committee to investigate the administration of the Welfare Department, and for other purposes.
Referred to the Committee on Public Welfare.

HR 17-89h. By Mr. Hollis of Muscogee:
A Resolution proposing an amendment to the Constitution with refererence to advertising of notice of intention to apply for local legislation, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

84

JOURNAL OF THE HOUSE,

HB 90. By Messrs. Murr and Burgamy of Sumter, Twitty of Mitchell, Smith of Emanuel and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Judge of the Superior Court, Emeritus, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 91. By 1\f(!ssrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta; to provide for the compensation of the First Assistant Solicitor General, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

By direction of the Speaker, the contest papers on a contest between E. B. Burdine vs. Representative Reid Mull of Fannin County were referred to the Committee on Privileges and Elections.

Mr. Twitty of Mitchell moved that the House do now adjourn until 11:00 o'clock, A. M., tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 11:00 o'clock tomorrow morning.

THURSDAY, JANUARY 11, 1951

85

Representative Hall, Atlanta, Georgia. Thursday, January 11th, 1951.

The House met pursw.ant to adjournment at 11:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Abney of Catoosa Abney of Walker Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary
Claxton Clay Coffin Coogle Cornelius

Covington Cranford Dally Deason Deen Dews Dicus Duncan Durden Durham Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Hilton Holley Hollis Hood Hopkins Huddleston Jackson Jessup

Johnson Johnston Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Kennedy Key King Kitchens Lam Langdale Lanier Lavender Leach Le,vis of Greene Lewis of Hancock Little Lovett McGee McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy
~Iurr
Musgrove Nelson Neville Ne"\\''lllan Nightingale Overby Owens
P.age Parker Peacock Pickard Pickett

86

JOl1RNAL OF THE HOUSE,

Pittard Ramsey Ray Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Scoggin Short Short Simmons Smiley Smith of Bryan Smith of Carroll Smith of Emanuel M. M. Smith of Fulton

Hoke Smith of Fulton Stanton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Vandiver

Vickers Waldrop Walker of Telfair Warren Weems White Whitworth Wiggins Wilkes Wilkinson Williams of Cobb Williams of Houston Willingham Willis Wooten Wright Mr. Speaker

Those not voting were Messrs.: Adams of Brantley, Brazeal, Denton, Dorsey, Edenfield, Herrin, Kidd, Knight, McCracken, McGarity, Otwell, Raulerson, Scott, Sheffield, Sivell, Ursrey, Walker of Crawford, Wheeler and Wood.
Representative-Elect Adie N. Durden of Dougherty came forward to the bar of the House and was administered the oath office by Judge Jule W. Felton of the Court of Appeals.

By unanimous consent, the Clerk was directed to make correction of typ~ graphical errors in the "Building Authority" Bill, House Bill No. 1.

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be 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. Reading and reference of House Bills and Resolutions.
3. Report of Standing Committees. 4. Second reaping of Bills and Resolutions, favorably reported.

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

THURSDAY, JANUARY 11, 1951

87

HB 92. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to authorize the Superintendent of the Milledgeville State Hospital to admit to the Milledgeville State Hospital as a voluntary patient for observation, diagnosis, care and treatment any individual who is mentl\lly ill or has symptoms of mental illness and who, being sixteen years of age or over, applies therefor, etc., and for other purposes.
Referred to the Committee on Georgia State Sanitarium.

HB 93. By Mr. Alverson of Fulton:
A Bill to be entitled an Act permitting the use of voting machines for casting, registering and recording and computing ballots or votes, provided the use of such machines is desired by the county commissioners in the several counties, and for other purposes.
Referred to the Committee on Privileges and Elections.

HB 94. By Messrs. Overby of Hall, Bennett of Barrow, Duncan of Carroll, Green of Rabun and others:
A Bill to be entitled an Act to amend the Peace Officers' Annuity and Benefit Fund Act of 1950, and for other purposes.
Referred to the Committee on State of Republic.

HB 95. By Messrs. Overby of Hall, Bennett of Barrow, Duncan of Carroll, Matthews of Clarke, Johnson of Hall, Mull of Fannin and Pickett of Pickens:
A Bill to be entitled an Act to reorganize the Military Forces of this State, to conform the organization and discipline to the requirements of the United States, and for other purposes.
Referred to the Committee on Military Affairs.

HB 96. By Messrs. Green of Cherokee, and Kelley of GV~<innett:
A Bill to be entitled an Act to prohibit the sale of intoxicating liquors, domestic and/or foreign wines and malt beverages upon any church, school ground or college campus, or within one hundred yards of such ground or campus, and for other purposes.
Referred to the Committee on Temperance.

HB 97. By Messrs. Overby of Hall, Lewis of Hancock, Sheffield of Brooks, Coogle of Macon, Boone of Wilkinson and others:
A Bill to be entitled an Act to amend an Act known as the State Department of Veterans Service Act, and for other purposes:
Referred to the Committee on Veteran's affairs.

88

JOURNAL OF THE HOUSE,

HE 98. By Messrs. Overby of Hall, Lewis of Hancock, Hall of Toombs, Stevens of Marion, Murr of Sumter, Durden of Dougherty and Dorsey of White:
A Bill to be entitled an Act to create a Bill Drafting Unit as a part of the Stat~ Department of Law; and for other purposes.
Referred to the Committee on State of Republic.

HB 99. By Messrs. Gillis of Treutlen, Langdale of Lowndes and Hall of Toombs:
A Bill to be entitled an Act to create a board to be known as the State Board of Registration for Foresters, and for other purposes.
Referred to the Committee on Conservation.

HB 100. By Messrs. Freeman of Monroe and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to the cession to the United States, by deleting therefrom the provision that the State retains its civil and criminal jurisdiction over persons and citizens in the ceded territory, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 101. By Messrs. Mackay, McWhorter and Bell of DeKalb, Twitty of Mitchell:
A Bill to be entitled an Act to provide for the creation of the office of Judge of the City Court Emeritus and the office of Solicitor of the City Court Emeritus, and for other purposes.
Referred t{) the Committee on General Judiciary #1.

HB 102. By Messrs. Alverson and H. Smith of Fulton, Twitty of Mitchell and Gowen of Glynn:
A Bill to be entitled an Act to provide for and to prescribe proper educational standards of applicants for the bar examinations, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 103. By Messrs. Williams and Bentley of Cobb:
A Bill to be entitled an Act to create and organize a new Judicial Circuit for the State of Georgia to be known as the Cobb Judicial Circuit, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 104. By Messrs. Twitty of Mitchell, Key of Jasper, Alverson of Fulton, Gowen of Glynn, Durden of Dougherty and Campbell of Walker:
A Bill to be entitled an Act to amend an Act to create the offices of State Highway Board, and for other purposes.
Referred to the Committee on State of Republic.

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89

HB 105. By Messrs. Lovett of Laurens, Lewis of Hancock, Duncan of Carroll, Owens of Tift and Stewart of Habersham:
A Bill to be entitled an Act to recognize the existing system of Vocational Rehabilitation of the physically or mentally impaired, including the blind citizens of Georgia, and for other purposes.
Referred to the Committee on Education #2.

HB 106. By Messrs. Tamplin of Morgan, Campbell of Oconee, Gowen of Glynn and Lewis of Hancock:
A Bill to be entitled an Act to amend an Act to make it mandatory for all county officers who are required to give bond to give a surety bond may be paid by the county fiscal authorities from county funds, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 107. By Messrs. Tamplin of Morgan, Overby of Hall and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act to create a Department of Public Safety for Georgia, by providing for special learners' permits, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 108. By Messrs. Johnson of Hall, Overby of Hall, Greer of Lanier, Durden of Dougherty, Nightingale of Glynn and Ray of Warren:
A Bill to be entitled an Act to amend the Act making shares of Statechartered building and loan associations and Federal savings and Loan Insurance Corporation legal investments for certain fiduciaries and corporations, etc., and for other purposes.
Referred to the Committee on Banks and Banking.

HB 109. By Messrs. Lewis of Hancock, Greer of Lanier, Ursrey of Jeff Davis and others:
A Bill to be entitled an Act to provide an allowance for expense and maintenance for constitutional officers, elected quadrennially, maintaining their offices and performing duties at the seat of government, and for other purposes.
Referred to the Committee on State of Republic.

HB 110. By Messrs. Jackson of Jones and Lewis of Hancock:
A Bill to be entitled an Act to provide for the enforcement in this State of causes of action arising in another state when jurisdiction of the defendant can be obtained in this State, and for other purposes.
Referred to the Committee on General Judiciary #1.

90

JOURNAL OF THE HOUSE,

HB 111. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act, so as to provide that no person, partnership or corporation, licensed under Chapter 25-3 (Small Loan Business), may charge an interest rate to exceed one per centum per month, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 112. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act relating to the grounds for the granting of a total divorce, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 113. By Mr. Pickard of Muscogee:
A Bill to be entitled an Act to repeal an Act entitled "An Act to declare an emergency concerning the production, distribution and sale of Milk, and for other purposes.
Referred to the Committee on General Agriculture # 1.
HB 114. By Mr. Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "An Act to declare an emergency concerning the production, distribution and sale of milk", and for other purposes.
Referred to the Committee on General Agriculture # 1.
HB 115. By Messrs. Rollins and Biggers of Meriwether:
A Bill to be entitled an Act relating to the practice of physical therapy by registered physical therapists and others, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 116. By Mr. Owens of Tift:
A Bill to be entitled an Act to amend an Act relating to incompetency of witnesses in any action, suit, or proceeding in any court, instituted in consequence of adultery, etc., and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 117. By Mr. Robertson of Dawson:
A Bill to be entitled an Act to provide for a local option referendum for the sale and distribution of malt beverages in every county having a population of not more than 5,000, and for other purposes.
Referred to the Committee on Temperance.
HB 118. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, and for other purposes. Referred to the Committee on Municipal Government.

THURSDAY, JANUARY 11, 1951

91

HB 119. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.

HB 120. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.

HB 121. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.

HB 122. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.

HB 123. By Mr. Owens 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.
Referred to the Committee on Counties and County Matters.

HB 124. By Mr. Jolly of Franklin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lavonia, and for other purposes.
Referred to the Committee on Municipal Government.

HB 125. By Mr. Deason of Stewart:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue of the County of Stewart, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 126. By Mr. Deason of Stewart:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner for Stewart County, and for other purposes.
Referred to the Committee on Counties and County Matters.

92

JOURNAL OF THE HOUSE,

HB 127. By Mr. Green of Cherokee:
A Bill to be entitled an Act to provide for the changing of the time for holding the Superior Court of Cherokee County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 128. By Messrs. Bentley and Williams of Cobb:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Marietta, and for other purposes.
Referred to the Committee on Municipal Government.

HB 129. By Mr. Jolly of Franklin:
A Bill to be entitled an Act to amend an Act to abolish the office of the Tax Receiver and Tax Collector of Franklin County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 19-129a. By Mr. Boone of Wilkinson:
A Resolution to honor J. W. Vinson, Sr., deceased, by designating the road from Mcintyre to Dederich as "Vinson Road", and for other purposes.
Referred to the Committee on Public Highways # 2.

HR 20-129b. By Mr. Boone of Wilkinson:
A Resolution to honor Lee W. Pennington by designating the road from Gordon to Scottsboro as "Pennington Highway", and for other purposes.
Referred to the Committee on Public Highways #2.

HR 2f-129c. By Messrs. Boone of Wilkinson, Lovett of Laurens and others:
A Resolution to favor the erection of a suitable memorial for the late Cngressman Dudley M. Hughes, and for other purposes.
Referred to the Committee on Historical Research.

HR 22-129d. By Messrs. Twitty of Mitchell, Lewis of Hancock, Cranford of Coweta, Campbell of Oconee, Smith of Emanuel and Ray of Warren:
A Resolution proposing to the qualified voters an amendment to the Constitution to make the aggregate of the fixed appropriations for highway purposes an amount not less than the total Motor Fuel and Motor Vehicle License taxes received by the State Treasury for the immediately preceding fiscal year, less the amount of refunds, rebates and collection costs authorized by law, and for other purposes.
Referred to the Committee on State of Republic.

THURSDAY, JANUARY 11, 1951

93

HR 23-129e. By Messrs. Stocks of Lee and Murr of Sumter:
A Resolution to compensate W. T. Beauchamp out of the funds of the Department of Public Safety for injuries sustained in accident while on duty, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 24-129f. By Mr. Twitty of Mitchell:
A Resolution to compensate Mr. and Mrs. Nathan Tanenbaum for injuries sustained due to negligence in the operation of a truck of the State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 25-129g. By Messrs. Freeman of Monroe, Fears of Butts, Brantley and Adams of Upson:
A Resolution stating that it is the general purpose to repeal certain taxes before the levy of any new taxes, and for other purposes.
Referred to the Committee on Ways and Means.

Mr. Bargeron of Burke County, Chairman of the Committee on Drainage, submitted the following report:
Mr. Speaker:
Your Committee on Drainage 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 12. Do Pass.
Respectfully submitted,
Bargeron of Burke,
Chairman.
Mr. Gowen of Glynn County, Chairman of the Committee on General Judiciary #1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 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 9. Do Pass.
Respectfully submitted, Gowen of Glynn, Chairman.

94

JOURNAL OF THE H~USE,

Mr. Bennett of Barrow 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 89. Do Pass. HB 59. Do Pass. HB 58. Do Pass. HB 74. Do Pass. HB 84. Do Pass. HB 76. Do Pass. HB 55. Do Pass. HB 75. Do Pass. HB 68. Do Pass. 'HB 64. Do Pass. HB 69. Do Pass. HB 70. Do Pass. HB 71. Do Pass. HB 88. Do Pass. HB 13. Do Pass. HB 61. Do Pass. HB 62. Do Pass. HB 63. Do Pass. HB 60. Do Pass.
Respectfully suomitted, Bennett of Barrow, Chairman.

Mr. Smith of Carroll 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 15. Do Pass.
HB 16. Do Pass.

THURSDAY, JANUARY 11, 1951

95

HB 14. Do Pass. HB 82. Do Pass. HB 67.. Do Pass.

Respectfully submitted, Smith of Carroll, Chairman.

Mr. Matthews of Clarke County, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia 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 44. Do Pass.

Respectfully submitted, Matthews of Clarke, Chairman.

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

HB 9.

By Messrs. Tarbutton of Washington and Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to authorize the Jekyll Island State Park Authority to enter into a contract for the building of a bridge across Jekyll Creek to be operated as a Toll Bridge, and for other purposes.

HB 12. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Matthews of Clarke:
A Bill to be entitled an Act to prohibit groups of three or more persons from parading, assembling or gathering while masked or otherwise disguised, except as provided in the Act, and for other purposes.

HB 13. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend the Charter of the City of Pelham, and for other purposes.

HB 14. By Messrs Bell of Richmond, Page of Chatham and Bennett of Barrow:
A Bill to be entitled an Act to amend an Act relating to recording of deeds to provide that deeds shall be presumed to be executed in the State and County of the official attesting witness notwithstanding the caption to the contrary, and for other purposes.

96

JOURNAL OF THE HOUSE,

HB 15. By Messrs. Bell of Richmond, Page of Chatham and Bennett of Barrow:
A Bill to b;! entitled an Act to amend an Act to provide that instruments shall be conclusively considered to be executed by the attesting officer in the county in which he had authority to act, and for other purposes.

HB 16. By Messrs. Bell of Richmond and Page of Chatham:
A Bill to be entitled an Act to amend an Act so as to provide that Notaries Public may attest instruments in any county of the State, and for other purposes.

HB 44. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee, Tamplin of Morgan, Stanton of Newton and Dally of Walton:
A Bill to be entitled an Act to amend an Act entitled "University System Building Authority, and for other purposes.

HB 55. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act granting corporate authority to the City of Americus, and for other purposes.

HB 58. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Americus," and for other purposes.

HB 59. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend the charter of the Town of Homeland, and for other purposes.

HB 60. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Folkston, and for other purposes.

HB 61. By Messrs. Scott and Willis of Thomas:
A Bill to be entitled an Act to amend the charter of the City of Thomasville, and for other purposes.
HB 62. By Messrs. Scott and Willis of Thomas:
A Bill to be entitled an Act to amend the charter of the City of Thomasville, and for othet purpores.

HB 63. By .Messrs. Scott and Willis of Thomas:
A Bill to be entitled an Act to amend the charter of the City of Thomasville, and for other purposes.
HB 64. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend the Act establishing a new charter for the City of Folkston, and for other purposes.

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97

HB 67. By Mr. Weems of Chattooga: A Bill to be entitled an Act to amend an Act to establish the City Court of Chattooga County, and for other purposes.
HB 68. By Messrs. Murr and Burgamy of Sumter: A Bill to be entitled an Act to amend an Act creating a system of retirement for employees of the City of Americus, and for other purposes.
HB 69. By Messrs. Murr and Burgamy of Sumter: A Bill to be entitled an Act to amend an Act to establish the City Court of Americus, and for other purposes.
HB 70. By Messrs. Hollis, Dicus and Pickard of Muscogee: A Bill to be entitled an Act vesting in the City of Columbus power and authority to sell and convey to the abutting owner on the west the fee simple title to a certain portion of Front Avenue, and for other purposes.
HB 71. By Messrs. Hollis, Dicus and Pickard of Muscogee: A Bill to be entitled an Act to amend an Act entitled "An Act amending the charter of the City of Columbus", and for other purposes.
HB 74. By Messrs. Hollis, Pickard and Dicus of Muscogee: A Bill to be entitled an Act vesting in the City of Columbus power and authority to close a portion of Seventh Street, and for other purposes.
HB 75. By Messrs. Vandiver, Clay and Wood 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.
HE 76. By Mr. Knight of Gordon: A Bill to be entitled an Act to amend the Charter of the City of Calhoun, and for other purposes.

HB 82. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court in the Atlanta Judicial Circuit as applied to the office of Solicitor General, etc., and for other purposes.

EE 84. By Messrs. Smith and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act 1elating to the charter of the City of Villa Rica, and for other purposes.

EB 88. By Me:;srs. T''.:itty and Hand of Mitchell:
A Bill to be entitled an Act to ratify and confirm the Ordinance of the Mayor and Council of the City of Camilla abandoning and closing a portion of the Alley and/or Street known as Stevenson Street, and for other purposes.

98

JOURNAL OF THE HOUSE,

HB 89. By Mr. Whitworth of Madison:
A Bill to be entitled an Act to incorporate the City of Ila in the County of Madison, and for other purposes.

The following Resolutions of the House were read and adopted:
HR 26. By Mr. Twitty of Mitchell:
A RESOLUTION
"BE IT RESOLVED by the House, the Senate concurring, that the House and Senate convene in joint session, at 11:30 o'clock A. M. on the 15 day of January, 1951, in the hall of the House of Representatives for the purpose of hearing the budget message of His Excellency, The Governor, and that a committee of eight be appointed to escort the Governor to the House, five by the Speaker of the House and three by the President of the Senate."

The Speaker appointed as a Committee of Escort on the part of the House, the following members of the House, to-wit:
Messr!l. Clary of McDuffie, Harrell of Grady, Robertson of Dawson, Kitchens of Twiggs, and Aycock of Jenkins.
HR 27. By Messrs. Murr of Sumter and Stocks of Lee:
A RESOLUTION
WHEREAS Honorable C. C. Ansley of Smithville, Lee County, Georgia, served the citizens of his locality and the citizens of Georgia for a period of seventeen continuous years as a Representative or a Senator of the General Assembly of Georgia; and
WHEREAS such service was marked with distinction and unswerving devotion to his duty and his convictions without regard to personal benefit; and
WHEREAS the present Session of the General Assembly marks the first Session since 1933 which Honorable C. C. Ansley bas not attended; and
WHEREAS Honorable C. C. Ansley is seriously ill and confined to the hospital in Americus, Georgia: NOW, THEREFORE, BE IT
RESOLVED by the House of Representatives that this Body go on record as commending the Honorable C. C. Ansley for the devoted years of service which he has given both to the House of Representatives and to the Senate, and that this Body extend to Honorable C. C. Ansley its most prayerful wishes for a speedy recovery from his illness. BE IT FURTHER
RESOLVED that a copy of this resolution be mailed by the Clerk of the House of Representatives to Honorable C. C. Ansley
HR 28. By Messrs. Page of Chatham, Langdale of Lowndes, Stewart of Hab:orsham, Hollis of Muscogee, Vandiver of Bibb, Kemp of Clayton, Tarbut-

THURSDAY, JANUARY 11, 1951

99

ton of Washington, Nightingale of Glynn, Rogers of Heard, Bennett of Barrow, Johnson and Overby of Hall.

A MEMORIAL
WHEREAS, J. Herbert Griggs, a former member of the House of Representatives, was claimed by death during the 1949-1950 Session of the General Assembly, and
WHEREAS, J. Herbert Griggs was held in the highest esteem and admiration by his fellow Representatives because of the splendid manner in which he executed the trust placed in his hands, and because of the high regard he held for this trust, and
WHEREAS, J. Herbert Griggs will be long remembered for his spirit of cooperation, his unstinting determination to give his utmost in the service of the people of Georgia, and for his personality which engendered faith and trust in all who knew him, and
WHEREAS, this House of Representatives feels that it has lost a most able member and the State of Georgia a most conscientous public servant,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that it hereby expresses the esteem and admiration in which J. Herbert Griggs was held, and sympathy is hereby expressed to the members of his family, and
BE IT FURTHER RESOLVED that this Memorial be enscribed on the journal of this body and a copy of the same be sent by the Clerk thereof to the deceased's family.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Prison Farm and recommitted to the Committee on Penitentiary.
HB 47. By Messrs. Overby of Hall, Lewis of Hancock, Smith of Emanuel, Smith of Carroll, Matthews of Clarke and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act which equalized the salaries of certain State Officials and providing for the salary and subsistence of the members of the State Pardon and Parole Board, and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolution of the House to wit:
HR 26. Resolved that House and Senate meet in joint session at 11:30 o'clock on the 15th day of January, 1951.

100

JOURNAL OF THE HOUSE,

By unanimous consent, the following bills of the House were withdrawn, read the second time, and recommitted to the Committee on Ways and Means:

HB 2.

By Messrs. Ray of Warren, Matthews of Clarke, Twitty of Mitchell, Key of Jasper, Langdale of Lowndes and many others:
A Bill to be entitled an Act to authorize the levy and collection of a general retailers sales and use tax, and for other purposes.

HB 3.

By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Campbell of Walker and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act providing for the levy and collection of a tax for support of State Government, by repealing the so-called nuisance taxes, and for other purposes.

HB 4.

By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Campbell of Walker, Gowen of Glynn and Key of Jasper.
A Bill to be entitled an Act to amend an Act to prevent discrimination against residents of the State of Georgia on the subject of taxation of accounts and notes receivable, and for other purposes.

HB 26. By Messrs. Hopkins of Charlton, Adams of Brantley, Key of Jasper, Edenfield of Emanuel and Garrard of Wilkes.
A Bill to be entitled an Act to regulate the making and manufacturing and selling of domestic and foreign wines and for licensing of retail and wholesale dealers and wineries, and for other purposes.

HB 42. By Messrs. Smith of Emanuel, Ray of Warren, Campbell of Oconee, Tamplin of Morgan, Gardner of Dougherty and Twitty of Mitchell:
A Bill to be entitled an Act to provide for levying, assessing and collecting an income tax on net incomes, and for other purposes.

HB 45.

By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee and others:
A Bill to be entitled an Act to provide for license and excise taxes upon dealers in malt beverages, and for other purposes.

The following ReEolution of the House was read and adopted:
HR 29. By Mr. Twitty of Mitchell:
A RESOLUTION
Whereas, under the terms and conditions of Legislation passed at the last session of the General Assembly providing for the creation of a State Highway Board and the election of its members, the term of the Honorable John Quillian, representing the northern district of the State Highway Board will shortly expire, and
Whereas, under the provisions of -said bill it is necessary that the General Assembly elect a successor to the Honorable John Quillian

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THURSDAY, JANUARY 11, 1951

101

during the first ten days of the present session, after giving two days notice to members thereof,
NOW THEREFORE BE IT RESOLVED, by the House, the Senate concurring the joint assembly of the House and Senate to be held in the halls of the House at 11 o'clock A. M. on the 17th day of January, 1951 for the purpose of electing a successor to the Honorable John Quillian as a member of the State Highway Board of Georgia, and
BE IT FURTHER RESOLVED that a copy of this Resolution be read to the members of the House and Senate and a copy thereof placed on each members desk at the earliest possible date.

Mr. Twittty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., tomorrow morning and the motion prevailed.

Leaves of absence were granted to Messrs. Short of Colquitt, Barber of Colquitt and Cates of Burke.

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

102

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia, Friday, January 12, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by Rev. Warren Candler Budd, Pastor, Glenn Memorial Methodist Church, Atlanta, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills.

By unanimous consent, the following Bills and Resolutions of the House, were introduced, read the first time and referred to the Committees:
HB 130. By Mr. Wood of Bibb:
A Bill to be entitled an Act to amend an Act entitled "Ballots in Elections other than primary elections", and for other purposes.
Referred to the Committee on State of Republic.
HB 131. By Messrs. Murphy of Haralson and Overby of Hall:
A Bill to be entitled an Act to repeal an Act relating to compensation of Court Reporters, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 132. By Messrs. Overby of Hall, Rogers of Heard and Smith of Carroll: A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to authorize students of Driver Education and Training Courses to operate a Motor vehicle while accompanied by an instructor, and for other purposes.
Referred to the Committee on Motor Vehicles.

FRIDAY, JANUARY 12, 1951

103

HB 133. By Messrs. Overby of Hall, Rogers of Heard and Smith of Carroll:
A Bill to be entitled an Act to amend an Act relating to driving and traffic regulations, and relating to school bus inspection and school bus drivers, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 134. By Messrs. Stewart of Habersham, Scoggin of Floyd, Key of Jasper, Alverson of Fulton, Johnson of Hall and others:
A Bill to be entitled an Act to amend an Act to entitle women to serve as jurors, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 135. By Mr. Stewart of Habersham:
A Bill to be entitled an Act to provide that it shall be unlawful for the owner or person in possession of land in this State to have or maintain an abondoned well or hole with a depth of five feet or more on such land, and for other purposes.
Referred to the Committee on General Agriculture # 2.

HB 136. By Messrs. Hand and Twitty of Mitchell: A Bill to be entitled an Act to amend an Act relating to county board of Tax Assessors, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 137. By Messrs. Abney and Campbell of Walker: A Bill to be entitled an Act to amend an Act to create a new judicial Circuit of Georgia, to be called the Lookout Judicial Circuit, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 138. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to place the Sheriff of Walker County on a salary basis, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 139. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to place the Ordinary of Walker County on a salary basis, and for other purposes. Referred to the Committee on Counties and County Matters.

HB 140. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Walker County, and for other purposes.
Referred to the Committee on Counties and County Matters.

104

JOURNAL OF THE HOUSE,

HB 141. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to place the Clerk of Superior Court of Walker County on a salary basis, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 142. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to abolish the County Court of Walker County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 30-142a By Messrs. Durden of Dougherty, Williams of Cobb, Carr of Whitfield and others:
A Resolution proposing to the qualified voters an amendment so as to provide that a constitutional amendment affecting only one or more political subdivisions of the State shall be voted upon only by the voters of said subdivision or subdivisions and shall be advertised only in the area affected, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HB 143. By Messrs. Mackay of DeKalb, Johnson of Hall, Pittard of Clarke, Lewis of Green and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act relating to elections by providing a new system of voting cumulative of those now in existence, and for other purrposes.
Referred to the Committee on State of Republic.

HB 144. By Mr. Boone of Wilkinson:
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 Wilkinson, and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Alverson of Fulton 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 follo\\<ing Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 91. Do Pass.
HB 80. Do Pass.
HB 81. Do Pass.
HB 73. Do Pass.

FRIDAY, JANUARY 12, 1951

105

HB 87. Do Pass. HB 57. Do Pass. HB 65. Do Pass. HB 72. Do Pass. HB 126. Do Pass. HB 125. Do Pass. HB 129. Do Pass. HB 127. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General Judiciary #2, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary #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 24. Do Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.
Mr. Greer of Lanier County, Chairman of the Committee on Public Welfare, submitted the following report: Mr. Speaker:
Your Committee on Public Welfare has had under consideration the following Bills and Resolutions of the House, and has instrructed me as Chairman, to report the same back to the House with the following recommendations:
HB 36. Do Pass.
HR 16-89g Do Pass. Respectfully submitted,
Greer of Lanier
Chairman.
Mr. Twitty of Mitchell County, Vice-Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker: Your Committee on Rules has had under consideration the following Reso-

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JOURNAL OF THE HOUSE,

lutions of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HR 14-89e Do Not Pass. HR 15-89f Do Pass.
Respectfully submitted, Twitty of Mitchell, Vice-Chairman.

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

HB 24. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act providing for service by publication on a non-resident corporation having no public place of business, no office, or a,gent in the State of Georgia, and for other purposes.

HB 36. By Messrs. Greer of Lanier, Smith of Fulton, Nightingale of Glynn, Alverson of Fulton, and others:
A Bill to be entitled an Act to regulate or prohibit the wearing of a mask, hood or any device whereby any portion of the face is so hidden, disguised or covered as to conceal the identity of the wearer while upon the public ways in this State, and for other purposes.

HB 57. By Messrs. Mm-r and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, and for other purposes.

HB 65. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for the County of Charlton, and for other purposes.

HB 72. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A Bill to be entitled an Act to abolish the offices of tax receiver and tax collector of Muscogee County, and for other purpose,;.

HB 73. By Messrs. Hollis, Pickard and Dicus of 1\'Iuscogee:
A Bill to be entitled an Act to amend an Act to provide that Muscogee County provide for a pension for present and future employee3, and for other purposes.

HB 80. By Messrs. Alverson, H. Smith and M. Smith of Fulton: A Bill to be entitled an Act to amend an Act establishing the criminal

FRIDAY, JANUARY 12, 1951

107

Court of Atlanta, to provide for the compensation of the Judges and Solicitor General, and for other pulposes.

HB 81. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to authorize and direct the Commissioners of Roads and Revenues in all counties with a certain population to fix the salaries of the Ordinaries in such counties, and for other purposes.

HB 87. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Mitchell County, and for other purposes.

HB 91.

By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta, to provide for the compensation of the First Assistant Solicitor General, and for other purposes.

HB 125. By Mr. Deason of Stewart:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue of the County of Stewart, and for other purposes.

HB 126. By Mr. Deason of Stewart:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner for Stewart County, and for other purposes.

HB 127. By Mr. Green of Cherokee:
A Bill to be entitled an Act to provide for the changing of the time for holding the Superior Court of Cherokee County, and for other purposes.

HB 129. By Mr. Jolly of Franklin:
A Bill to be entitled an Act to amend an Act to abolish the office of the Tax Receiver and Tax Collector of Franklin County, and for other purposes.

HR 15-89f. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gowen of Glynn, Greer of Lanier and Hollis of Muscogee:
A Resolution amending the rules of the House, and for other purposes.

HR 16-89g. By Messrs. Smith of Carroll, Bennett of Barrow, Birdsong of Troup, Rogers of Heard, Mims of Miller, Durham of Baker and others:
A Resolution to provide for a joint committee to investigate the administration of the Welfare Department, and for other purposes.

108

JOURNAL OF THE HOUSE,

By unanimous consent the following Bills of the House were taken up for consideration and read the third time:

HB 13. By Messrs. Hand and Twitty of Mitchell: A Bill to be entitled an Act to amend the Charter of the City of Pelham, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 55. By Messrs. Murr and Burgamy of Sumter: A Bill to be entitled an Act to amend an Act granting corporate authority to the City of Americus, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 58. By Messrs. Murr and Burgamy of Sumter: A Bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Americus", and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 59. By Mr. Hopkins of Charlton: A Bill to be entitled an Act to amend the Charter of the Town of Homeland, and for other purposes.
The report 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 60. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Folkston, and for other purposes. The report 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.

FRIDAY, JANUARY 12, 1951

109

HB 61. By Messrs. Scott and Willis of Thomas:
A Bill to be entitled an Act to amend the charter of the City of Thomasville, and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 108, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 62. By Messrs. Scott and Willis of Thomas: A Bill to be entitled an Act to amend the charter of the City of Thomasville, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 63. By Messrs. Scott and Willis of Thomas: A Bill to be entitled an Act to amend the charter of the City of Thomasville, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 64. By Mr. Hopkins of Charlton: A Bill to be entitled an Act to amend the Act establishing a new charter for the City of Folkston, and for other purposes.
The report 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 67. By Mr. Weems of Chattooga:
A Bill to be entitled an Act to amend an Act to establish the City Court of Chattooga County, and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 68. By Messrs. Murr and Burgamy of Sumt.er: A Bill to be entitled an Act to amend an Act creating a system of

110

JOURNAL OF THE HOUSE,

retirement for employees of the City of Americus, and for other pur- poses.
The report 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 69. By Messrs. Murr and Burgamy of Sumter.
A Bill to be entitled an Act to amend an Act to establish the City Court of Americus, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 70. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus power and authority to sell and convey to the abutting owner on the west the fee simple title to a certain portion of Front Avenue, and for other purposes.
The report 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 71. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act entitled "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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 74. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A Bill to be entitled an Act vesting in the City of Columbus power and authority to close a portion of Seventh Street, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, JANUARY 12, 1951

111

HB 75. By Messrs. Vandiver, Clay and Wood 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.
The report 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 76. By Mr. Knight of Gordon:
A Bill to be entitled an Act to amend the Charter of the City of Calhoun, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 84. By Messrs. Smith and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act relating to 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 88. By Messrs. Twitty and Hand of Mitchell:
A Bill to be entitled an Act to ratify and confirm the Ordinance of tlie Mayor and Council of the City of Camilla abandoning and closing a portion of the Alley and/or Street known as Stevenson Street, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 89. By Mr. Whitworth of Madison: A Bill to be entitled an Act to incorporate the City of Ila in the County of Madison, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

112

JOURNAL OF THE HOUSE,

HB 82. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court in the Atlanta Judicial Circuit as applied to the Office of Solicitor General, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:

HR 16-89g. By Messrs. Smith of Carroll, Bennett of Barrow, Birdsong of Troup, Rogers of Heard, Mims of Miller, Durham of Baker, and others.
A Resolution to provide for a joint committee to investigate the administration of the Welfare Department, and for other purposes.
The Speaker appointed as a Committee on the part of the House, the following members of the House, to-wit:
Messrs. Smith of Carroll, Mims of Miller, Durham of Baker, Hall of Floyd, and Leach of Rockdale.

The following Resolution of the House was read:
HR 15-89f. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gowen of Glynn, Greer of Lanier and Hollis of Muscogee:

Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Gowen of Glynn, Greer of Lanier and Hollis of Muscogee move to amend the Rules of the House as follows:
By striking therefrom Rule 46 and substituting therefor a new Rule 46 to read as follows:
No bill, and no resolution requiring the concurring vote of the Senate for passage, shall be introduced unless the same shall have been filed in the office of the Clerk before 10:00 A. M., of the previous day, except that a bill or such resolution may be introduced on the second day of any regular, adjourned, or special session if it shall have been filed in the office of the Clerk before 12:00 noon of the first day of such session.
By striking therefrom Rule 49 and substituting therefor a new Rule 49 to read as follows:
The Clerk shall, as soon as possible after any bill or resolution of general application is filed in his office, cause the same to be printed and a copy thereof distributed to each member forthwith. Whenever any such bill or resolution of general application shall be reported back by the committee to which it was referred with the recommendation that it do pass as amended, the Clerk shall cause the am~ndments recommended to be printed and copies thereof to be distributed to each

FRIDAY, JANUARY 12, 1951

113

member. The House may at any time by a vote of a majority of a quorum suspend action upon any pending bill or resolution or general application until the substitutes and amendments offered thereto have been printed.
By striking therefrom Rule 175 and substituting therefor a new Rule 175 to read as follows:
No person shall be allowed to enter upon the floor of the House except the members and officers thereof, their wives, the members and officers of the Senate, and such others as may be granted permission as hereinafter stated:
(a) The House may, upon the recomr.1endation of the Committee on Privileges of the Floor, grant permission for a specific individual or individuals to enter upon the Floor on a single named day. The recommendation of such Committee shall specify the exact purpose for which such individual or individuals are to be admitted and the expected benefit to be derived thereby.
(b) On the first two days of any regular, special or adjourned session, the Speaker may extend the privileges of the floor and use of the press table to representatives of the press, radio, and other news-gathering and/or disseminating agencies. Thereafter he shall refer all applications for admission of such persons to the Committee on Privileges of the Floor, which Committee shall, as promptly as possible, investigate the credentials of such persons and recommend to the House, for admission to the floor, only such persons as it finds to be representatives of recognized newspapers and periodicals of general circulation, radio and television stations, newsreel photography companies, or telegraphic press associations, assigned to the duty of actually reperting Legislative proceedings. The House may grant the privileges of the floor to such press representatives for the whole session or for a lesser time, and automatically reserves the right to revoke such permission at any time.
(c) The Committee on Privileges of the Floor may submit its recommendations at any time when a question of privilege would be in order.
By striking therefrom Rule 185A and substituting therefor a new Rule 185A to read as follows:
All conference committee reports shall be printed and distributed to the members prior to consideration of the same, unless the printing of the same be dispensed with by a majority vote of all members elected to the House.

The following amendment to HR 15-89f was read and adopted:
Mr. Murr of Sumter moves to amend the proposed Rules by adding the following after the word "wife" wherever the same appears, so as to read as follows: "wife and children of a member".
The report of the Committee, which was favorable to the adoption of the r.~wlution, was agreed to, as amended.
Cn the adoption of the resolution, as amended, the vote was 121, nays 0.

114

JOURNAL OF THE HOUSE,

The resolution, having received the majority required by the Rules of the House, was adopted.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., Monday morning and the motion prevailed.

The Speake1 announced the House adjourned until 10:00 o'clock, A. M., Monday morning.

MONDAY, JANUARY 15, 1951

115

Representative Hall, Atlanta, Georgia. Monday, January 15, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. Shannon Holloway, Pastor, First Methodist Church, Pelham, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been read and found to be 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. Report of Standing Committees.
2. Second reading of Bills and Resolutions, favorably reported. 3. Third reading and passage of local uncontested bills.

Mr. Alverson of Fulton County, Chairman of the Committee on Counties and County Matters, submitted the following report:
1\Ir. 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 18-89A. Do Pass.
HB 123. Do Pass.
Respectfully submitted,
Alve'rson of Fulton,
Chairman.

By unanimous consent, the following Bills and Resolutions of the House, favorably reported, were read the second time:
HB 123. By Mr. Owens 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.

116

JOURNAL OF THE HOUSE,

HR 18-89a. By Mestrs. Hand and Twitty of Mitchell:
A Resolution to provide for the furnishing of certain lost or destroyed Georgia Report and Code to Mitchell County; and for other purposes.
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 57. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Roads and Revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, and for other purposes.
The report 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 65. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue 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 p::s:oage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 72. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act to abolish the offices of tax receiver and tax collector 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 105, nays 0.
The bill, having received the requisite constitutional majority, was pass~d.

HB 73. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act to provide that Muscogee County provide for a pension for present and future employees, and for other purposes.
The report of the Committee, which was favorable to "the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having rereived the requisite constitutional majority, was passed.

MONDAY, JANUARY 15, 1951

117

HB 87. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Mitchell 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 125. By Mr. Deason of Stewart:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenue of the County of Stewart, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 126. By Mr. Deason of Stewart:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner for Stewart County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 127. By Mr. Green of Cherokee:
A Bill to be entitled an Act to provide for the changing of the time for holding the Superior Court of Cherokee County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 129. By Mr. Jolly of Franklin:
A Bill to be entitled an Act to amend an Act to abolish the office of the Tax Receiver and Tax Collector 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

118

JOURNAL OF THE HOUSE,

HB 80. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta and later amended changing the name to Criminal Court of Fulton County; to provide for the compensation of the Judges and Solicitor General, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 81. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to authorize and direct the Commissioners of Roads and Revenues in all counties of a certain population to fix the salaries of the Ordinaries 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 91. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta; to provide for the compensation of the First Assistant Solicitor General, 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 9. By Messrs. Tarbutton of Washington and Gowen and Nightingale of Glynn.
A Bill to be entitled an Act to authorize the Jekyll Island State Park Authority to enter into a contract for the building of a bridge across Jekyll Creek to be operated as a Toll Bridge, and for other purposes.
Mr. Sheffield of Brooks moved the previous question.

The following amendment to HB 9, was read and adopted:
Mr. Nightingale of Glynn moves to amend HB. 9 by substituting the word "shall" in each place in said bill where the word "may" occurs.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

MONDAY, JANUARY 15, 1951

119

On the passage of the bill, as amended, the ayes were 135, nays 3.
The bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 9 was ordered immediately transmitted to the Senate.
Representative-Elect Nat. F. Walker of Crawford County came forward to the bar of the House and was administered the oath of office by Judge Jule W. Felton of the Court of Appeals.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 12. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Matthews of Clarke:
A Bill to be entitled an Act to prohibit groups of three or more persons from parading, assembling or gathering while masked or otherwise disguised, except as provided in the Act, and for other purposes.

The following Substitute to HB 12, was read:
By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel.
An Act to be entitled: An Act to regulate or prohibit the wearing of a mask, hood or any device whereby any portion of the face is so hidden, concealed or covered as to conceal the identity of the wearer while upon the public ways in this state or while upon property of any municipality or county in this state or while upon property of the state; prohibiting the demanding of entrance or the entrance upon the premises of another while wearing the same; prohibiting the holding of a meeting or demonstration on the property of another while wearing the same unless by written permit of the owner or occupier of the property; providing for certain exemptions from the act; prohibiting the placing of or causing to be placed a burning or flaming crosses or exhibits of which the same are a real or simulated part on private property without first obtaining written permission of the property owner or occupier to do so; prohibiting the placing of or causing to be placed anywhere in this State an exhibit with the intent of intimidating any person; prohibiting the placing of or the causing to be placed any exhibit anywhere in this State or to commit or cause to be committed any act by a person wearing a mask or any device whereby the face is so covered as to conceal the identity of the wearer while unmasked so as to intimidate any person from doing any lawful act; providing for the punishment for the violations of this Act as crimes; defining the term "public place"; stating legislative finding and public policy connected with this Act; providing for the separability of the provisions of this Act; and for other purposes, including the repeal of all inconsistent law or laws.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same:
Section 1. STATEMENT OF PUBLIC POLICY.

~20

JOCRNAL OF THE HOUSE,

All persons residing in the State are entitled to the equal protection of their Jives and property.
The law protects all, not only against actual physical violence but also against threats and intimidations from any person or group of persons.
The General Assembly cannot permit persons, known or unknown to issue either actual or implied threats, against other persons in the State.
Persons in this State are and shall continue to be answerable only to the established law as enforced by legally appointed officers.
Section 2. DEFINITIONS.
For the purpose of this Act.
(a) The term "public place" includes all walks, alleys, streets, boulevards, avenues, lanes, roads, highways or other ways or thoroughfares dedicated to public use or owned or maintained by public authority; all grounds and buildings owned, leased by, operated or maintained by public authority.
Section 3. No person or persons over 16 years of age shall, while wearing any mask, hood or device whereby any portion of the face is so hidden, concealed or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any Jane, walk, alley, street, road, highway or other public way in this state.
Section 4. No person or persons shall in this state, while wearing any mask, hood or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be, or appear upon or within the public property of any municipality or county of the state.
Section 5. No person or persons over 16 years of age shall, while wearing a mask, hood or device whereby any portion of the face is so hidden, concealed or covered as to conceal the identity of the wearer, demand entrance or admission or enter or come upon into the premises, enclosure or house of any other person in any municipality or county of this state.
Section 6. No person or persons over 16 years of age, shall, while wearing a mask, hood or device whereby any portion of the face is so hidden, concealed or covered as to conceal the identity of the wearer, hold any manner of meeting, make any demonstration upon the private property of another unless such person or persons shall have first obtained from the owner or occupier of the property his or her written permission to so do.
Section 7. The following are exempted from the proVISions of Section 3 through 6 of this act: (a) any person or persons wearing traditional Holiday costumes, (b) any person or persons engaged in trades and employment where a mask is worn for the purpose of ensuring the physical safety of the wear, or because of the nature of the occupation, trade or profession, (c) any person or persons using masks in theatrical productions including use in Mardi Gras celebra-

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tions and masquerade balls, (d) persons wearing gas masks prescribed in civil defense drills and exercises, or emergencies.
Section 8. It shall be unlawful for any person or persons to place or cause to be placed on the property of another in the State of Georgia a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, a real or simulated, is a whole or a part, without first obtaining written permission of the owner or occupier of the premises so to do.
Section 9. It shall be unlawful for any person or persons to place or cause to be placed anywhere in the State of Georgia any exhibit of any kind whatsoever or to commit or caused any act to be committed while masked or unmasked with the intention of intimidating any person or persons, to prevent them from doing any act which is lawful, or cause them to do any act which is unlawful.
Section 10. It shall be unlawful for any person or persons while wearing a mask or any device whereby the face is so covered as to conceal the identity of the wearer, to place or to cause to be placed at, or in any place any exhibit of any kind whatsoever.
Section 11. Any persons violating sections of this Act shall be guilty of a misdemeanor and shall be punished upon conviction as now provided in Section 27-2506 of the Code of Georgia.
Section 12. If any provisions of this Act or the applicability thereof to any person or persons, or circumstances, is held invalid or unconstitutional, the remainder of this Act and the applicability thereof and of such provisions to others persons or circumstances, shall not be affected thereby.
Section 13. All prior statutes of this State inconsistent in whole or in part with this Act are hereby repealed.
Mr. Overby of Hall moved the previous question.
The Substitute to HB 12, was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 149, nays 1.
The bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the bill was ordered immediately transmitted to the Senate.

HB 14. By Messrs. Bell of Richmond, Page of Chatham and Bennett of Barrow:
A Bill to be entitled an Act to amend an Act relating to recording of deeds so as to provide that deeds shall be presumed to be executed in the State and County of the official attesting witness notwithstanding the caption to the contrary, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 151, nays 0.

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The bill, having received the requisite constitutional majority, was passed.
Mr. Lovett of Laurens gave notice that at the proper time he would move that the House reconsider its action in passing HB 14.
The hour of 11:30 o'clock, A. M., having arrived, the Senate appeared upon the floor of the House and convened in joint session for the purpose of hearing a message from His Excellency, Governor Herman E. Talmadge.
The President of the Senate called the Joint Session to Order.
The Secretary of the Senate read the resolution providing for a Joint Session of the General Assembly.
Accompanied by the Committee of Escort, Governor Herman E. Talmadge appeared upon the floor of the House "lnd delivered the following address:
MR. PRESIDENT, MR. SPEAKER AND DISTINGUISHED MEMBERS OF THE HOUSE AND SENATE:
Last week, in my inaugural message, I was privileged to outline to you a broad program for the general development of our State, designed to insure better education for our children, promote the general health of our people, provide greater human security for our needy and wider opportunities for all Georgians to earn a living and enjoy fuller and more productive lives.
Section IX, paragraph I of the Constitution of Georgia provides:
"The Governor shall submit to the General Assembly within 15 days after its organization, a budget message, accompanied by a draft of a General Appropriation Bill, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the State for the ensuing fiscal year." Section 40-402 of the Code of Georgia requires:
"The estimates for the Legislative Department, certified by the presiding officer of each house, and of the Judiciary, as certified by the State Auditor, ... shall be included in the budget."
As your Governor, it shall be my purpose in this message to fulfill those duties and responsibilities required of me in the above quoted provisions of the Constitution and Statute Law.
The State Auditor, various Department Heads of the government and myself have given serious study to the various items contained in the proposed Appropriation Bill which shall be submitted to you. We have held constantly before us the desirable aim of a constructive, yet sound and economical program for the development of the State.
I know that there are at this session many new members of the General Assembly, and at this time we would like to review some of the recent history of the State pertaining to appropriations. Let us consider the problems and difficulties of the past and try not to repeat the mistakes of prior years.
Back in the 20's the record shows that General Assemblies were prone to pass Appropriation Bills for approval by the Governor far in excess of anticipated income and money actually available to satisfy their provisions. Thus, were forced on the books of the State the

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stigma of unpaid financial commitments which constantly .were injected into the political arena. Such unbusinesslike procedure reflected adversely on Georgia's credit. Not only did the excessive appropriations create an unstable fiscal condition, but they caused the various state agencies to over-extend themselves and create debts which could not be paid due to lack of funds.
During the 30's, it became the practice to annex what is known as the "grandfather clause" to the Appropriation Bill, making it mandatory that Department Heads reduce their expenditures within the limitation of funds available. In some years, enforced budgetary reductions ran as high as 32 per cent.
All of you can readily see that this method of financing would create chaos and disruption today. A one-third cut in welfare, education, highway and health funds now would cause us to lose untold millions in Federal matching money, and would completely disrupt the State's economy.
In the 1940's, a new procedure was established whereby the General Assembly only appropriated that amount of money to the various agencies which could reasonably be expected to accrue during the ensuing fiscal year. This pa1t of the Appropriation Bill was known as the "First Section." The items contained therein had first call on all income of the State.
Of course, there were always desirable proposals for possible expansion in various programs that the General Assembly was interested in seeing financed if the money should become available over and above that needed to satisfy the First Section. This situation was provided for by inclusion in the Appropriation Bill what is known as the "Contingent Section" where specified amounts were set up by the General Assembly to be paid for increased services in designated fields in the event the State's income exceeded that which was anticipated.
Without question, this has proven to be the most sound and satisfactory means of preventing a recurrence of those embarrassing times when the State did not have the money to meet its budget responsibilities. Under the present arrangement State agencies cannot undertake obligations for which there are no funds.
It is my humble opinion that we have now evolved a sound fiscal policy for meeting the State's current operational needs and keeping the government out of debt.
I urgently recommend that you gentlemen constituting this General Assembly, in considering the Appropriation Bill, insist that this wise policy be continued.
Under it, the State has not failed to meet its commitments promptly. We have had no unpaid school teachers' salaries, no lapses in public welfare benefits, or other vital functions of the government as was the unhappy habit in other years.
Prior to drafting the Budget Bill, we required the estimates of needs from State Officials, administrative officers, bureaus, boards, commissions, institutions and other agencies. Their total requests for appropriations amounted to $223,000,000.00. This is far in excess of the $175,000,000.00 budget that we advocated as being needed for

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the proper and efficient operation of the State government.
I do not believe that the people of Georgia would be willing to finance any such budget as indicated in the requests. Therefore, it is necessary for us, in establishing a budget for the State, to cut the cloth to fit the pattern of reasonably anticipated income.
The educational agencies fixed their original estimate of needs at $83,401,720.00 per annum. That amount is provided in the proposed $175,000,000.00 budget. In a more recent and revised estimate, these agencies now report that they need $98,836,827.00. This figure is $15,400,000.00 more each year than was contemplated in the tax revision program presently under consideration.
Estimates filed by the State Highway Board for its annual road construction and maintenance needs were set at $52,000,000.00, or $10,000,000.00 higher than the $42,000,000.00 appropriated for this purpose in the $175,000,000.00 budget.
Likewise, the Department of Public Health estimates that it needs $11,337,000.00 which is one and one-half million dollars more than the $9,800,000.00 provided in the $175,000,000.00 budget.
The Public Welfare Department, which administers the assistance programs and institutions, estimates its requirements at $40,400,000.00. This is $17,500,000.00 in excess of the $23,000,000.00 anticipated in the $175,000,000.00 budget.
Other agencies of the State requested similar increases in their yearly budgets far beyond all informed estimates of anticipated income based on the tax revision proposals which I submitted to you in my inaugural message. Therefore, it is evident it will be impossible for us to finance at this time the full amounts requested by State agencies and departments.
Let me point out to you again, that if we abolished every agency of the State and left only the education, highway, welfare and health departments, we would have only $12,000,000.00 which would not begin to satisfy the needs of these four major functions of our State government.
All things considered, it has become my responsibility as your Governor to pare tl:e~e appropriation requests down to the minimum amount necessary to provide for the efficient operation of the essential functions of the State within the means which we reasonably believe will be at our disposal.
I fully realize that in arriving at the amounts of appropriations contained in the Budget Bill, that we have not fully satisfied the wants and desires of the four main functions of the State nor the requests of several other agencies. I repeat that I do not think that we should attempt to place an additional tax burden on the people of the State to finance a program beyond the present anticipated income of $175,000,000.00 per year under a revised tax structure.
You may expect those who place partisanship above the wishes and needs of the people to declare with great circumspection that the State operated on an average income of about $60,000,000 a year during the early forties, and here we come asking for $175,000,000

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125

annual program. They will attempt to create discord by charging that money will be thrown away and squandered.
If financing better education for our children is throwing money away-if developing a system of good roads for our people is squandering tax money-if providing proper care, diet and housing for patients at eleemosynary institutions is a misdirected use of State funds-if adequate support of a public health program is a wasted effort and if some measure of security for our aged, blind, dependent children and disabled is extravagance, then I most unhesitatingly admit the charges.
Those who are always searching for false issues and straw men can see no good in anything that is advocated unless it originates with themselves.
They do not dare come out in the open and suggest a cut-back in the State outlay for education for 1951-2 of $15,000,000. They do not dare advocate funds for highway purposes be reduced to around $7,000,000, the 1942 level. They will not say that funds for public welfare benefits should be cut 75%.
From the best information that I can obtain today, purchasing power of the dollar is about one-half of what it was in the early forties. This simply means it takes twice as much money for a State agency to carry on the same program as it did in the early forties. Purchasing power of the dollar has become so inflated that now it only buys approximately 56 worth of goods and services based on 1939 values.
If this message today were being delivered to you under the same economic conditions as existed twelve years ago, it would only be necessary to advocate an $85,000,000 or $90,000,000 budget to do the same job that we are now trying to accomplish with a $175,000,000 budget.
This fact is borne out by merely looking at the classified section of our daily paper. The price per hour for common labor is more than double that of the early forties. Salaries for executive, professional, and clerical help have more than doubled.
Operation of State institutions is a good barometer of the increasing ravages of inflation. The Tuberculosis Hospital was operated at a per patient cost of $1.88 per day in 1942, as compared to $4.74 as of the last audit. The daily cost per patient at Milledgeville State Hospital has increased in that period from sixty cents to the recent $1.46.
Not only do you have these comparisons, but in highway construction you have to contend with the greatly inflated cost of materials and equipment. Competitive bids in the early forties on reinforced concrete for bridges were $21.00 per cubic yard while today they run $45.00 per cubic yard. A square yard of concrete was $1.66 several years ago but now it is $4.70 a square yard. Grading costs on roads of fifteen cents per cubic yard have doubled.
We must remember that a great portion of the inflated dollars and cents income of the State has been sapped up, so to speak, to off-set the devaluation of our currency.

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As you know, tne emergency tax raws enacted in July, 1949, expire by cperation of law on June 30 of this year. The funds raised from these temporary levies were utilized by the present administration in supplying additional aid to education, highways, public welfare and our State Institutions. As a result, we must curtail the support of educational agencies by $10,000,050, we must curtail the support for highway purposes by $5,500,000, we must curtail the support of our State institutions by $1,510,000, we must curtail public welfare benefits by $3,500,000 and lop off several miscellaneous items unless additional revenue is produced to off-set the losses in State income by the expiration of the temporary emergency increases.
Additional tax measures have been recommended to you and the first income from these sources must be utilized to continue the items now being financed under the emergency tax measures. Before any additional money will be available for further expansion and support of the various State agencies, we will first have to make provision for carrying on the services that exist today.
Every indication is that after financing the present $130,500,000 budget, we will only have the first year in new money approximately foUiteen and one-half million dollars.
In the budget being submitted to you, we have contemplated carrying on the present $130,500,000 outlay and have distributed the extra $14,5GO,OOO anticipated as follows:
$6,200,000 to the educational agencies of the State. $2,200,000 for the construction of roads. $1,400,000 for public health purposes. $2,665,000 for public welfare benefits. $500,000 for the State institutions. $1,535,000 for various other activities of the State mainly the Agriculture Department, Forestry Department, Public Safety Department and Revenue Department.
The Budget Bill is so drawn that in the event additional money is received the first year in excess of the amount contemplated, appropriations in the contingent section of the Bill can be immediately mad8 available to the various agencies of the State, such as Education, Highway, Public Health and Public Welfare benefits.
It is my belief that when you have studied the distribution of the funds that you will agree that we have made a fair distribution of the State's anticipated income.
We fully realize that each of the main departments of the State government-Education, Highway, Health and Welfare-feels that it should be the one to obtain preference ov~r every other agency, but we must take the position that each has just claim to a reasonable share of support from the State's revenue. We feel that no individual function of the State government can survive unless we complement it with a well-rounded program of services for all the people.
The $175,000,000 budget being submitted to you is predicated on adoption of the Tax Revision Program as outlined in my inaugural address. Passage of a 3 per cent sales tax without exemptions, coordinated with a revised income tax, so as to equalize the burden among

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127

all income groups in accordance with their individual ability to pay, is necessary to finance the proposed budget and make up losses in present revenue from the elimination of many taxes, as recommended.
Examining some of the othet States that have adopted the sales tax, we found that four of the states collected about 65% of the ultimate receipts from a sales tax the first year of enactment and about 80 o/o the second year with the full productiveness of the measure being realized only after the third year.
Tennessee was an unusual state in the collection of sales tax in that it collected the first year about the amount that it is now collecting.
In establishing a sound budget for the State is was necessary to take as an average the history of the income from sales taxes in other states. They indicate that Georgia will receive 45 million dollars the first year and increasing amounts during the next two years.
In submitting the budget to you we have prepared it in two sections; one calling for appropriations of $145,120,923.86 which we believe to be within the income that will be realized the first full year of operations of the sales and income tax. The second section which is being submitted is one calling for a total contingent appropriation of $40,931,120.00. These latter appropriations will become available as receipts are in hand with which to finance them.
The total of both of the sections of the Budget Bill submitted to you is 186 million dollars. This is 11 million dollars in excess of the anticipated 175 million dollar budget.
The additional 11 milion dollars contingent appropriations have been added for education, health, welfare and highways in order to assure that any income of the State in excess of 175 million dollars will have been properly allocated by you members of the General Assembly.
In my inaugural address, I discussed the need for financing as a part of our Public Welfare Assistance Program, aid to totally and permanently disabled, made possible through the recently amended Federal Assistance Act. No provision has been made in the Budget Bill or tax revision program for activating this worthy feature of assistance. I recommend that $4,306,000 be appropriated annually for this purpose, and that funds to satisfy this appropriation be obtained by continuing the extra one cent per gallon gasoline tax. I believe our people would be willing to pay this small amount, realizing the good purpose to which it would be put.
There is a wide divergence of opinion as to what the new revenue measures will produce. Some have estimated that the income would even go beyond the 175 million dollars. This does not appear likely in view of the economic horizon which likely includes Federal wage and price controls. However, should the additional funds be realized, you will have taken care of this eventuality by providing the allotments as set out in the contingent section of the Budget Bill.
The Budget Bill which is being submitted to you is the instrument by which we will be able to carry out our campaign pledges made to the p:;ople la~t summ:;r. I am convinced that fulfillment of these

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pledges is indispensable if we are to realize properly the full potential from our limitless human and material resources.
It is sincerely urged that you distinguished members of the Geozgia Legislature give most serious consideration to the passage of the Bill as submitted.
I feel that I can assume full responsibility for the successful
financial operation of the State within the scope of this measure. Let me assure you that under it, I will do my utmost to give to
the people a sound administration of the State's fiscal affairs.
Hon. B. E. Thrasher, Jr., the State Auditor, has been most helpful to me in preparing the Budget and in furnishing necessary data and information.
The Governor's office and the State Auditor's office will be entilely at your disposal if there is any information that you desire which will aid you in the consideration of the Appropriation Bill. It will be a pleasure to cooperate in every way possible.
Let me assure you that the same strict and rigid economy that this administration has, without question, practiced in the expenditure of State funds in the last two years will be faithfully followed in the next four years in the disbursement of the increased funds that will come thro.ugh a revision of the tax system.
We will keep the State out of debt, and preserve its solvency and credit.
Let us all, as officials of the State of Georgia, as the Chief Executive, as members of the General Assembly, as Department Heads and as Administrators of the various divisions, work closely together in an unselfish effort to give Georgia citizens the full measure of public services in return for every tax dollar they expend.
I pledge you-1 pledge the people of Georgia-my earnest and sincere efforts to maintain the steady and constructive p1ogress that we all want to see in our governmental affairs.
With your help, with the help and support of the masses of the people, and with the continuance of an honest and intelligent administration, which puts its love of Georgia above all else, we can, with the mercy and guidance of Almighty God, do for our people those things which they expect of us to make Georgia a bright star in the galaxy of states.

Mr. Twitty of Mitchell moved that the Joint Session be now dissolved and the motion prevailed.
The Speaker called the House to order.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 15. By Messrs. Bell of Richmond, Page of Chatham and Bennett of Barrow:
A Bill to be entitled an Act to amend an Act so as to provide that instruments shall be conclusively considered to be executed by the attc"t-

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ing officer in the state and county in which he had authority to act, the caption to the contrary notwithstanding, and for other purposes.
The report 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 16. By Messrs. Bell of Richmond and Page of Chatham:
A Bill to be entitled an Act to amend an Act so as to provide that Notaries Public may attest instruments in any county 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 24. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act providing for service by publication on a non-resident corporation having no public place of business, no office, or agent in the State of Georgia, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, further consideration of the following Bill of the House was postponed indefinitely:

HB 36. By Messrs. Greer of Lanier, Smith of Fulton, Nightingale of Glynn, Alverson of Fulton, Gowen of Glynn, Durden of Dougherty and many others.
A Bill to be entitled an Act to regulate or prohibit the wearing of a mask, hood or any device whereby any portion of the face is so hidden, disguised or covered as to conceal the identity of the wearer while upon the public ways in this State, 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 44. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee, Tamplin of Morgan, Stanton of Newton and Dally of Walton.
A Bill to be entitled an Act to amend an Act entitled "University System Building Authority", and for other purposes.
1\Ir. Twitty of Mitchell moved the previous question.

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The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 131, nays 1.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State of Republic and recommitted to the Committee on Legislative and Congressional Re-Apportionment:

HB 38. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act to provide for nomination by political parties in this State of candidates for U. S. Senator, Governor, State House Officers, etc., and for other purposes.

Mr. Twitty of Mitchell moved that the House do now adjourn until 11:00 o'clock, A. M., tomorrow morning and the motion prevailed.

Leave of absence was granted to Mr. McGee of Chatham on account of death in family.

The Speaker announced the House adjourned until 11:00 o'clock, A. M., tomorrow morning.



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131

Representative Hall, Atlanta, Georgia. Tuesday, January 16, 1951.

The House met pursuant to adjournment at 11:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. Shannon Holloway, Pastor, First Methodist Church, Pelham, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested Bills.

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

HB 145. By Messrs. Overby of Hall, Bargeron of Burke and 'Viggins of Stephens:
A Bill to be entitled an Act to provide that no driver training course shall be offered in any school in this State unless such course is first approved by the Director of Public Safety and the State School Superintendent, and for other purposes.
Referred to the Committee on Education #2.

EB H6. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to make it mandatory upon the State Revenue Commissioner to revoke the liquor license of any person when such license was obtained by fraud or false pretenses, and for other pur poses.
Referred to the Committee on Tmperance.

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JOURNAL OF THE HOUSE,

HB 147. By Messrs. Bennett of Barrow and Adams of Brantley:
A Bill to be entitled an Act to amend an Act regulating the use of the public highways by restricting the dimensions of vehicles, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 148. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act relating to the compensation of Ordinaries, Sheriffs, Clerks of Superior Courts for public services, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 149. By Me1<srs. Hale of Dade, Nightingale of Glynn and Durden of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the wife as feme sole as to her separate estate and prohibiting her from binding her separate estate by any contract of suretyship, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 150. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Judge of the Superior Court, Emeritus, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 151. By Messrs. Smith of Carroll, Lewis of Hancock, Mims of Miller, Murphy of Haralson, Duncan of Carroll and others:
A Bill to be entitled an Act to authorize and provide a contingent expense allowance, payable from the Treasury of the State of Georgia, for the Judges of the Superior Courts of the Judicial Circuits, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 152. By Messrs. Tamplin of Morgan and Campbell of Oconee:
A Bill to be entitled an Act to provide that it shall be unlawful for any person using, by himself or his agents, any agricultural poison to knowingly or carelessly fail to destroy any box, vessel, or paper in which such poison was contained as soon as such container becomes empty, and for other purposes.
Referred to the Committee on General Agriculture # 2.
HB 153. By Messrs. Duncan of Carroll, Murphy of Haralson and Hall of Floyd:
A Bill to be entitled an Act to establish a public school bus driver's contract, and for other purposes.
Referred to the Committee on Education # 1.

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133

HR 31-153a. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution authorizing the Governor to convey to the United States Government shell islands in the Savannah River adjacent to the Atomic Energy Savannah River Plant and Clark Hill Dam Project Areas for a nominal consideration, and for other purposes.
Referred to the Committee on Public Property.

HR 32-153b. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Resolution to approve, confirm and ratify in all respects, a certain lease agreement entered into the 26th day of December, 1950, by and between the Western & Atlantic Railroad Commission acting for and on behalf of the State of Georgia, and Peachtree-Whitehall, Inc., for the lease of the overhead rights over the Western & Atlantic Railroad right-of-way, etc., and for other purposes.
Referred to the Committee on State of Republic.

HR 33-153c. By Mr. Overby of Hall:
A Resolution to provide funds to compensate King Clarence Bryant for injuries sustained by accident caused by the negligent operation of Milledgeville State Hospital Tractor-Trailer, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 154. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to supplement the compensation now received by the Sheriff of Dodge County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 155. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to provide for the disposition of fines and forfeitures accumulating in the Superior Court of Dodge County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 156. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to provide for the disposition of fines and forfeitures accumulating in the City Court of Dodge County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 157. By Messrs. Carr 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 the Committee on Municipal Government.

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HB 158. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to provide that the Sheriff of Jenkins County shall receive the sum of $150.00 per month in addition to any fees or compensation which he now receives, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 159. By Mr. Walker of Telfair:
A Bill to be entitled an Act to amend an Act to create a new charter for the Town of Lumber City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 160. By Mr. Walker of Telfair:
A Bill to be entitled an Act to supplement the compensation now received by the Clerk of the Superior Court of Telfair County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 161. By Messrs. Durden and Gardner 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.
Referred to the Committee on Municipal Government.

HB 162. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Albany, and for other purposes.
Referred to the Committee on Municipal Government.

HB 163. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act providing for the merger of the existing independent school system of the City of Albany and the existing school district in the County of Dougherty, and for other purposes.
Referred to the Committee on Municipal Government.

HB 164. By Messrs. Newman and Wright of Ware:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues of the County of Ware, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 165. By Mr. Rowland of Johnson: A Bill to be entitled an Act to amend an Act to establish the City Court of Wrightsville, and for other purposes.
Referred to the Committee on Municipal Government.

TUESDAY, JANUARY 16, 1951

135

HB 166. By Messrs. Alverson, H. Smith and M. 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.
Referred to the Committee on Counties and County Matters.

HB 167. By Messrs. Burkett and Vickers of Coffee:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues in the County of Coffee, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 168. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to carry into effect in the City of Atlanta the provisions of the amendment to the Consituion of the State of Georgia ratified October 2, 1912, relating to the creation of the Municipal Court of Atlanta and later amended and now known as the Civil Court of Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 169. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act so as to provide compensation to the Commissioner for expenses incurred while on county business outside of the county, and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined the following Bills and Resolutions of the House and find them properly engrossed:
HB 13. HB 55. HB 58. HB 59. HB 60. HB 61. HB 62. HB 63. HB 64. HB 67. HB 68.

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HB 69. HB 70. HB 71. HB 74. HB 75. HB 76. HB 82. HB 84. HB 88. HB 89. HR 16-89g. HR 29. HB 9. HB 12.

Respectfully submitted, Green of Rabun, Chairman.

Mr. Rogers of Heard County, Chairman of the Committee on General Agriculture No. 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture # 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 135. Do Pass.
Respectfully submitted,
Rogers of Heard,
Chairman.

Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to Constitution #1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to Constitution # 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 12-89c. Do Pass.
HR 17-89h. Do Pass. Respectfully submitted,
Freeman of Monroe,
Chairman.

TUESDAY, JANUARY 16, 1951

137

:Mr. Alverson of Fulton 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 of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 106. Do Pass.
Respectfully submitted,
Alverson of Fulton,
Chairman.

Mr. Kidd of Baldwin County, Chairman 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 Chairman, to report the same back to the House with the following recommendations:
HB 92. Do Pass.
Respectfully submitted,
Kidd of Baldwin,
Chairman.

Mr. Smith of Carroll 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 30. Do Pass as Amended.
HB 131. Do Pass.
Respectfully submitted,
Smith of Carroll,
Chairman.

Mr. Overby of Hall County, Chairman of the Committee on Military Arfairs, submitted the following report:
Mr. Speaker:
Your Committee on Military Affairs has had under consideration the fol-

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JOURNAL OF THE HOUSE,

lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 95. Do Pass. Respectfully submitted, Overby of Hall, Chairman.

Mr. Gillis of Treutlen 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 107. Do Pass.
HB 132. Do Pass.
HB 39. Do Pass, as Amended.
Respectfully submitted,
Gillis of Treutlen,
Chairman.

Mr. Bennett of Barrow 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 66. HB 56. HB 128. HB 120. HB 124. HB 118. HB 122. HB 121. HB 119. HB 86.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Bennett of Barrow, Chairman.

TUESDAY, JANUARY 16, 1951

139

Mr. Johnston of Worth County, Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker:
Your Committee on Privileges and Elections 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 93. Do Pass.
Respectfully submitted,
Johnston of VVorth,
Chairman.

Mr. Sheffield of Brooks County, Chairman of the Committee on Public Highways # 2, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways #2 has had under consideration the following Resolutions of the House has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 19-129a. Do Pass.
HR 20-129b. Do Pass.
Respectfully submitted,
Sheffield of Brooks,
Chairman.

Mr. Smiley of Liberty County, Chairman of the Committee on Special Appropriation, submitted the following 1eport:
Mr. Speaker:
Your Committee on Special Appropriation 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 24-129f. Do Pass.
Respectfully submitted,
Smiley of Liberty,
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 54. Do Not Pass.

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JOURNAL OF THE HOUSE,

HB 27. Do Pass. HB 28. Do Pass. HB 43. Do Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

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

HB 27. By Messrs. Clary of McDuffie, Overby of Hall, Adams of Brantley, Wheeler of Seminole and Matthews of Clarke:
A Bill to be entitled an Act known as the "Welfare Reorganization Act", and for other purposes.

HB 28. By Messrs. Edenfield of Emanuel, Wheeler of Seminole, Clary of McDuffie, Carr of Whitfield, and others:
A Bill to be entitled an Act to amend an Act creating the State Hospital Authority, and for other purposes.

HB 30. By Messrs. Overby of Hall, Ray of Warren, Tamplin of Morgan, Twitty of Mitchell, and others.
A Bill to be entitled an Act to repeal the Act establishing state wide district juvenile courts, and for other purposes.

HB 39. By Messrs. Hall of Toombs, Langdale of Lowndes, Ursrey of Jeff Davis, Hopkins of Charlton and many others:
A Bill to be entitled an Act to amend an Act relating to motor vehicle license plates, and for other purposes.

HB 43. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee, Dally of Walton, Tamplin of Morgan and Stanton of Newton:
A Bill to be entitled an Act to create the Department of Revenue; to provide for the appointment, etc., of a State Revenue Commissioner, and for other purposes.

HB 56. By Messrs. Murr and Burgamy of Sumter: A Bill to be entitled an Act to amend an Act granting corporate authority to the City of Americus, and for other purposes.

HB 66. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act granting corporate authority to the City of Americus, and for other purposes.

TUESDAY, JANUARY 16, 1951

141

HB 86. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to amend an Act creating and relative to the City of Athens, and for other purposes.

HB 92. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to authorize the Superintendent of the Milledgeville State Hospital to admit to the hospital a patient for observation, diagnosis, care and treatment, individuals who are mentally ill, who are over 16 years of age; and for other purposes.
HB 93. By Mr. Alverson of Fulton:
A Bill to be entitled an Act permitting the use of voting machines for casting, registering and recording and computing ballots or votes, provided the use of such machines is desired by the county commissioners in the several counties, and for other purposes.
HB 95. By Messrs. Overby of Hall, Bennett of Barrow, Duncan of Carroll, Matthews of Clarke, and others:
A Bill to be entitled an Act to reorganize the Military Forces of this State, to conform the organization and discipline to the requirements of the United States, and for other purposes.
HB 106. By Messrs. Tamplin of Morgan, Campbell of Oconee, Gowen of Glynn and Lewis of Hancock:
A Bill to be entitled an Act to amend an Act to make it mandatory for all county officers who are required to give bond to give a surety bond may be paid by the county fiscal authorities from county funds, and for other purposes.
HB 107. By Messrs. Tamplin of Morgan, Overby of Hall and Campbell of Oconee:
A Bill to be entitled an Act to amend an Ae:t to create a Department of Public Safety for Georgia by providing for special learners' permits, and for other purposes.

HB 118. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act creating the charter of the City of Macon, and for other purposes.

HB 119. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act creating the charter of the City of Macon, and for other purposes.

HB 120. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act creating the charter of the City of Macon, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 121. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, and for other purposes.

HB 122. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, and for other purposes.

HB 124. By Mr. J oily of Franklin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lavonia, and for other purposes.

HB 128. By Messrs. Bentley and Williams of Cobb:
A B:n to be entitled an Act to amend an Act to create a new charter for the City of Marietta, and for other purposes.

HB 131. By Messrs. Murphy of Haralson and Overby of Hall:
A Bill to be entitled an Act to repeal an Act relating to compensation of Court Reporters, and for other purposes.

HB 132. By Messrs. Overby of Hall, Rogers of Heard and Smith of Carroll:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, to authorize Driver Education and Training Course students to operate a motor vehicle, and for other purposes.

HB 135. By Mr. Stewart of Habersham:
A Bill to be entitled an Act to provide that it shall be unlawful for the owner or person in possession of land in this State to have or maintain an abandoned well or hole five feet deep, and for other purposes.

HR 12-89c. By Messrs. Lewis of Hancock, Hall of Floyd, Adams of Brantley, Clary of McDuffie, Carr of Whitfield and many others:
A Resolution to ratify the 22nd Amendment to the Constitution of the Un;ted States by the Legislature of the State of Georgia.

HR 17-89h. By Mr. Hollis of Muscogee:
A Resolution proposing an amendment to the Constitution with reference to advertising of notice of intention to apply for local legislation, and for other purposes.

HB 19-129a. By Mr. Boone of Wilkinson:
A Resolution to honor J. W. Vinson, Sr., deceased by designating the road from Mcintyre to Dederich as "Vinson Road", and for other purposes.

TUESDAY, JANUARY 16, 1951

143

HB 20-129b. By Mr. Boone of Wilkinson:
A Resolution to honor Lee W. Pennington by designating the road from Gordon to Scottsboro as "Pennington Highway", and for other purposes.

HR 24-129f. By Mr. Twitty of Mitchell:
A Resolution to compensate Mr. and Mrs. Nathan Tanenbaum for injuries sustained due to negligence in the operation of a truck of the State Highway Department, and for other purposes.

By unanimous consent, the following Bills of the House were withdrawn, read the second time and recommitted to the Committee on Counties and County Mattters:
HB 138. By Messrs. Abney and Campbell of Walker: A Bill to be entitled an Act to place the Sheriff of Walker County on a salary basis, and for other purposes.
HB 139. By Messrs. Abney and Campbell of Walker: A Bill to the entitled an Act to place the Ordinary of Walker County on a salary basis, and for other purposes.
HB 140. By Messrs. Abney and Campbell of Walker: A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Walker County, and for other purposes.
HB 141. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Walker County, and for other purposes.
HB 142. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to abolish the County Court of Walker County, and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has read and adopted the following resolution of the House to wit:
HR 16. By Messrs. Smith of Carroll, Bennett of Barrow, Birdsong of Troup, Rogers of Heard and others:
A resolution providing for the appointment of a joint committee to investigate the administration of the Welfare Department; and for other purposes.

144

JOURNAL OF THE HOUSE,

HR 29. By Mr. Twitty of Mitchell:
A resolution, the Senate concuning, that a joint session of the House and Senate be held in the Halls of the House of Representatives at 11 o'clock A. M. on the 17th of January 1951, for the purpose of electing a successor to the Honorable John Quillian as a member of the State Highway Board of Georgia.

By unanimous consent, the following Bill and Resolution of the House were taken up for consideration and read the third time:

HB 123. By Mr. Owens 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.
The report 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.

HR 18-89a. By Messrs. Hand and Twitty of Mitchell.
A Resolution to provide for the furnishing of certain lost or destroyed Georgia Reports and Code to Mitchell County; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the ayes were 104, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock A. M., and the motion prevailed.

Leave of absence was granted to Mr. Murphy of Haralson on account of urgent business.

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

WEDNESDAY, JANUARY 17, 1951

145

Representative Hall, Atlanta, Georgia, Wednesday, January 17, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. Shannon Holloway, Pastor, First Methodist Church, Pelham, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested Biils.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 170. By Messrs. Vandiver of Bibb, Clay and Wood of Bibb, and Carr of Whitfield: A Bill to be entitled an Act to amend an Act to provide for an investigation and report to the Superior Court in which an adoption petition is filed, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 171. By Messrs. Vandiver, Clay and Wood of Bibb, Carr of Whitfield and Smith of Carroll: A Bill to be entitled an Act to require certificate of title for motor vehicles, and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 172. By Mr. Langdale of Lowndes: A Bill to be entitled an Act authorizing the appointment of an admin-

146'

JOURNAL OF THE HOUSE,

istrator de bonis non with will annexed upon application of interested persons in cases when the only qualified executor of a decedant's estate dies Testate, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 173. By Mr. Murr of Sumter:
A Bill to be entitled an Act to be known as an Act to amend the Nurses Law, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 174. By Messrs. Page and Hood of Chatham and Adams of Brantley:
A Bill to be entitled an Act appropriating from the Treasury of the State of Georgia annual sums for administration and for capital improvement and repairs to the Georgia Ports Authority for the years 1951 and 1952, and for other purposes.
Referred to the Committee on Appropriations.

HB 175. By Messrs. Ursrey of Jeff Davis, Jones of Lumpkin, Clary of McDuffie and Rogers of Heard:
A Bill to be entitled an Act to provide State Control over all streets and highways adjacent to State property, etc., and for other purposes.
Referred to the Committee on Public Highways #2.

HB 176. By Messrs. Langdale of Lowndes, Hall of Toombs, Gillis of Treutlen and Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act relating to the compensat'on and expenses of the Commissioners at meetings of the Game and Fish Commission, and for other purposes.
Referred to the Committ-ee on Game and Fish.

H B 177. By Messrs. Langdale and Register of Lowndes:
A Bill to be entitled an Act to make it unlawful to place in any motor vehicle any advertising material relating to lodging or eating facilities, and to solicit patronage therefor, and for, and for other purposes.
Referred to the Committee on Motor Vehicles.

H B 178. By Messrs. Twittty of Mitchell, Overby of Hall, Hollis of Muscogee, Durden of Dougherty, Johnson of Hall and others:
A Bill to be entitled an Act relating to motor vehicles, trailers, and semitrailers, the ownership thereof and other interests therein; to provide for the registration thereof and the issuance of certificates of title therefor, and for other purposes.
RPferred to the Committee on Motor Vehicles.

WEDNESDAY, JANUARY 17, 1951

147

HE 179. By Messrs. Hall of Toombs and Kidd of Baldwin:
A Bill to be entitled an Act to repeal an Act entitled "An act to prevent waste, foster, encourage and provide conservation of crude oil and natural gas", and for other purposes.
Refened to the Committee on Conservation.
HE 180. By Messrs. Claxton of Camden and Gowen of Glynn:
A Bill to be entitled an Act authorizing the construction by Fernandina Port Authority of toll roads in the State of Georgia, and for other purposes.
Referred to the Committee on Interstate Cooperation.
HE 181. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to amend an Act known as the Corporation Act; to provide corporations may reimburse officers and directors when sued in connection with corporation duties, and for other purposes.
Referred to the Committee on Corporations.
HE 182. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to establish a Board of Examiners of Electrical Contractors, and for other purposes. Referred to the Committee on Industrial Relations.
HE 183. By Mr. Bennett of Barrow:
A Bill to be entitled an Act to regulate the operation of trucks, passenger buses, and other motor vehicles over two ton capacity, and for other purposes. Referred to the Committee on Motor Vehicles.
HE 184. By Johnson of Hall:
A Bill to be entitled an Act to authorize the levy and collection of a net income tax to provide funds to meet appropriations authorized by the General Assembly, and for other purposes. Referred to the Committee on Ways and Means.
HE 185. By Mr. Johnson of Hall:
A Bill to be entitled an Act to provide for the g~vmg of security by owners and operators of motor vehicles; and for other purposes. Referred to the Committee on Insurance.
HB 186. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act relating to apportionment of members of the House of Representatives among the several counties, and for other purposes. Referred to the Committee on Legislative and Congressional Re-apportion-
~ment.

148

JOURNAL OF THE HOUSE,

HE 187. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Judge of the Superior Courts, Emeritus, and for other purposes.
Referred to the Committee on Special Judiciary.

HE 188. By Messrs. Twitty of Mitchell and Durden of Dougherty:
A Bill to be entitled an Act to compensate A. C. Simmone, or injmies sustained by Lanora Simmone, and for other purposes.
Referred to the Committee on Special Appropriations.

HE 189. By Messrs. Pittard of Clarke, Owens of Tift, Peacock of Dodge and many others :
A Bill to be entiteld an Act to regulate and prohibit the alteration, construction, reconstruction or changing of motors of Motor vehicles to certain degrees, and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 34--189a. By Messrs. Bargeron and Cates of Burke:
A Resolution to compensate Sgt. B. L. Sentell for damages to his automobile, and for other purposes. Referred to the Committee on Special Appropriations.
HR 35-18!ib. By Mr. Alverson of Fulton:
A Resolution to provide for payment to Ferman Bullard the sum oi $135.00 for damages to his automobile, and for other purposes. Refered to the Committee on Special Appropriations.
HR 3G-189c. By Mr. Key of Jasper: A Resolution to propose to the qualified voters an amendmznt to limit the levy of any general retail sales or use tax to 3 o/o on each dollar of the gross sale; and for other purposes.
Referred to t.he Committee on Amt;ndments to the Constitution # 2.
HR 37-189d. By l\lr. Wiggins of Stephens: A Re~olution to compensate Mr. Marvin Ariail for damages to his automobile, and for other purposes.
Refened to the Committee on Sp:-cial Appropriat:ons.
HR. 38-l8fle. By MEssrs. Burgamy of Sumter, Langdale and Register of Lovvndes, Whitworth of Madison, Peacock of Dodge, Greene of Crisp, and others: A Resolution to provide for reimbursement to members of the General Assembly for certain expenses; and for other purposes.
Referred to the Committee on General Judiciary #1.

WEDNESDAY, JANUARY 17, 1951

149

HR 39-189f. By Messrs. Vandiver, Clay and Wood of Bibb:
A Resolution providing compensation for J. E. Bostick and for other purposes.
Referred to the Committee on Special Appropriations.

HB 190. By Messrs. Page, Hood and McGee of Chatham:
A Bill to be entitled an Act to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, and for other purposes.
Referred to the Committee on Municipal Government.

HB 191. By Mr. Hall of Toombs:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia, and for other purposes.
Referred to the Committee on Municipal Government.

HB 192. By Messrs. Register and Langdale 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 193. By Mr. Coffin of Schley:
A Bill to be entitled an Act to provide for the election of the Board of Commissioners of Roads and Revenues of Schley County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 194. By Mr. Bennett of Barrow:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue of the County of Barrow, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 195. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act known as the Griffin Retirement Pensions Act, and for other purposes. Referred to the Committee on Municipal Government.

HB 196. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act which provides for one Commissioner for the County of Elbert, and for other purposes.
Referred to the Committee on Counties and County Matters.

150

JOURNAL OF THE HOUSE,

HB 197. By Mr. Dally of Walton:
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 Walton, and for other purposes.
Ref~rred to the Committee on Counties and County Matters.

HB 198. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act which provided for one Commissioner for the County of Elbert, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 199. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to create and incorporate the City of Riverdale, and for other purposes.
Referred to the Committee on Municipal Government.

HB 200. By Messrs. Langdale and Register of Lowndes:
A Bill to be entitled an Act to amend the charter of the town of Hahira, and for other purposes.
Referred to the Committee on Municipal Government.

Mr. Alverson of Fulton 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 154. Do Pass. HB 155. Do Pass. HB 156. Do Pass. HB 158. Do Pass. HB 160. Do Pass. HB 164. Do Pass. HB 167. Do Pass. HB 168. Do Pass. HB 169. Do Pass.
Respectfully submitted,
Alverson of Fulton,
Chairman.

WEDNESDAY, JANUARY 17, 1951

151

Mr. Adams of Evans County, Chairman of the Committee on Education #2, submitted the following report:
Mr. Speaker:
Your Committee on Education #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 105. Do Pass.
Respectfully submitted,
Adams of Evans,
Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General Judici-
ary # 1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 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 90. Do Pass.
HB 10. Do Pass.
HB 103. Do Pass.
HB 22. Do Pass.
HB 53. Do Pass, As Amended.
Respectfully submitted,
Gowen of Glynn,
Chairman.

Mr. Cates of Burke County, Chairman of the Committtee 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 47. Do Pass.
Respectfully submitted,
Cates of Burke,
Chairman.

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

152

JOURNAL OF THE HOUSE,

Mr. Speaker: Your Committee on State of Republic has had under consideration the follow-
ing 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 94. Do Pass.
HB 104. Do Pass. HB 109. Do Pass, By Committee Substitute.
Respectfully submitted,
McCracken of Jefferson, 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 97. Do Pass.

Respectfully submitted,

Bargeron of Burke,

Chairman.

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

HB 10. By Messrs. Lewis of Hancock, Gowen of Glynn, Jackson of Jones, Smith of Emanuel, Freeman of Monroe and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Public Safety Department", so as to change and increase the salaries of all Troopers and Officers up to and including Sergeant Majors, and for other purposes.

HB 22. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act relating to limited partnerships, and for other purposes.

HB 47. By Messrs. Overby of Hall, Lewis of Hancock, Smith of Emanuel, Smith
of Carroll, Matthews of Clarke and Twitty of Mitchell: A Bill to be entitled an Act to amend an Act to equalize the salaries of certain State Officials and provided for the salary and subsistence of the members of the State Pardon and Parole Board, and for other purposes.

WEDNESDAY, JANUARY 17, 1951

153

HB 53. By Messrs. Gowen of Glynn, Britton of Whitfield, Bargeron of Burke, Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and others:
A Bill to be entitled an Act to provide for Municipal Home Rule, and for other purposes.

HB 90. By Messrs. Murr and Burgamy of Sumter, Twitty of Mitchell, Smith of Emanuel and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the creation of the office of Judge of the Superior Court, Emeritus", and for other purposes.

HB 94. By Messrs. Overby of Hall, Bennett of Barrow, Duncan of Carroll, Green of Rabun and others:
A Bill to be entitled an Act to amend the Peace Officers' Annuity and Benefit Fund Act of 1950, and for other purposes.

HB 97. By Messrs. Overby of Hall, Lewis of Hancock, Sheffield of Brooks, Coogle of Macon, Boone of Wilkinson and others:
A Bill to be entitled an Act to amend an Act known as the State Department of Veterans Service Act, and for other purposes.

HB 103. By Messrs. Williams a11d Bentley of Cobb.
A Bill to be entitled an Act to create and organize a new Judicial Circuit for the State of Georgia to be known as the Cobb Judicial Circuit, and for other purposes.

HB 104. By Messrs. Twitty of Mitchell, Key of Jasper, Alverson of Fulton, Gowen of Glynn, Durden of Dougherty and Campbell of Walker:
A Bill to be entitled an Act to amend an Act to create the offices of State Highway Board, and for other purposes.

HB 105. By Messrs. Lovett of Laurens, Lewis of Hancock, Duncan of Carroll, Owens of Tift and Stewart of Habersham:
A Bill to be entitled an Act to recognize the existing system of Vocational Rehabilitation of the physically or mentally impaired, including the blind citizens of Georgia, and for other purposes.
HB 109. By Messrs. Lewis of Hancock, Greer of Lanier, Ursrey of Jeff Davis, and others:
A Bill to be entitled an Act to provide an allowance for expense and maintenance for constitutional officers, elected quadrennially, maintaining their offices and performing duties at the seat of government, and for other purposes.
HB 154. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to supplement the compensation now received by the Sheriff of Dodge County, and for other purposes.

154

JOURNAL OF THE HOUSE,

HB 155. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to provide for the disposition of fines and forfeitures accumulating in the Superior Court of Dodge County, and for other purposes.

HB 156. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to provide for the disposition of fines and forfeitures accumulating in the City Court of Dodge, and for other purposes.

HB 158. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to provide that the Sheriff of Jenkins County shall receive the sum of $150.00 per month in addition to any fees or compensation which he now receives, and for other purposes.

HB 160. By Mr. Walker of Telfair:
A Bill to be entitled an Act to supplement the compensation now received by the Clerk of the Superior Court of Telfair County, and for other purposes.

HB 164. By Messrs. Newman and Wright of Ware:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues of the County of Ware, and for other purposes.

HB 167. By Messrs. Burkett and Vickers of Coffee:
A Bill to be entitled an Act to amend an Act to create the office of Commissioners of Roads and Revenues in the County of Coffee, and for other purposes.

HB 1"68. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to carry into effect in the City of Atlanta the provisions of an amendment to the Constitution relating to the Civil Court of Fulton County, and for other purposes.

HB 169. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act to provide compensation to the Commissioner for expenses incurred while on county business outside of the county, and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 56. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act granting corporate authorityto the City of Americus, and for other purposes.

WEDNESDAY, JANUARY 17, 1951

155

The report 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 66. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act granting corporate authority to the City of Americus, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 86. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to amend an Act creating and relative to 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 118. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 119. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 120. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, and for other purposes.

156

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 121. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 122. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 124. By Mr. Jolly of Franklin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lavonia, and for other purposes.
The report 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 128. By Messrs. Bentley and Williams of Cobb:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Marietta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 20-129b. By Mr. Boone of Wilkinson:
A Resolution to honor Lee W. Pennington by designating the road from Gordon to Scottsboro as "Pennington Highway", and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.

WEDNESDAY, JANUARY 17, 1951

157

On the adoption of the resolution, the ayes were 113, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 19-129a. By Mr. Boone of Wilkinson:
A Resolution to honor J. W. Vinson, Sr., deceased, by designating the road from Mcintyre to Dederich as "Vinson Road", and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 114, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

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

SR 9.

By Senator Grayson of the 1st:
A resolution proposing to the qualified voters of the State of Georgia an amendment to article 7, Sec. 7, Par. 1 of the Constitution of the State of Georgia so as to authorize the County of Chatham to incur a bonded indebtedness in addition to that heretofore authorized for the establishment and construction of an additional new road to Savannah Beach.

SR 10. By Senator Grayson of the 1st:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article 7, Sec. 7, Par. 1, of the Constitution of the State of Georgia so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized; for the purpose of improving, expanding, enlarging and modernizing the sewerage system.

SR 11. By Senator Grayson of the 1st:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article 7, Sec. 7, Par. 1, of the Constitution of the State of Georgia so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized for the purpose of contributing to the establishment, construction and maintenance of a new hospital.

SR 12. By Senator Grayson of the 1st: A resolution proposing to the qualified voters of the State of Georgia

158

JOURNAL OF THE HOUSE,

an amendment to Art. 7, Sec. 7, Par. 1, of the Constitution of the State of Georgia so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized; for the purpose of laying out, grading, paving, repaving, resurfacing and repairing
streets.

SR 14. By Senator Grayson of the 1st:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Art. 5 of the Constitution of Georgia, by adding at the end of Art. 5 a new section and paragraph--creating the "Georgia Ports Authority" of the State of Georgia as a constitutional authority of the State providing for the appointment, eligibility, tenure, officers, compensation and quorum.

SR 13. By Senator Grayson of the 1st:
A r()solution proposing to the qualified voters of the State of Georgia an amendment to Article 5 of the Constitution of the State of Georgia to be known as Section 7, Par. 2 of Article 5, creating the "Savannah District Authority" as a constitutional authority providing for the appointment, eligibility, tenure, officers.

The following message was received from the Senate through Mr. Stewart, 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 Senators Willingham of the 39th, Rawls of the lOth, Drinkard of the 29th, Mavity of the 44th, and others:
A bill to amend an act entitled "An act to repeal an Act approved March 17, 1943, (Ga. Laws 1943, page 216-222; to create the offices of State Highway Board, Chairman of State Highway Board and Treasurer of State Highway Board" approved Feb. 2, 1950 (Ga. Laws 1950, page 62-72) to clarify the law regarding the election and tenure of members of the State Highway Board; to provide for matching the federal aid apportionments; to provide for the State Highway System mileage, to provide sound long-range planning of highway construction and maintenance based on need; to provide for the expenditure of State Highway funds; and for other purposes.

SB 3.

By Senators Rawls of the lOth, Connell of the 6th, Carlisle of the 7th:
A bill to amend an Act entitled an Act to establish an Employees' Retirement Act; to determine the membership and conditions of membership in said System"; approved Feb. 3, 1949 (Ga. Laws 1949, page 138) as amended by an Act approved Feb. 17, 1950 (Ga. Laws 1950, page 416) to provide for the commencement date for an individual member; to provide for continuous pension accumulation for members officially transferred to a federal agency, or upon entering the Armed Forces during a national emergency; and for other purposes.

WEDNESDAY, JANUARY 17, 1951

159

The following report of the Committee on Privileges and Elections was read and adopted:
We, the Committee on Privileges and Elections, having had under consideration the Contest for seating the Representative from Fannin County, Reid Mull, do recommend that the said Reid Mull be allowed to take nis seat and is hereby recognized as the duly elected Representative in the General Assembly of Georgia from Fannin County.
Johnston of Worth, Chairman, Committee on Privileges and Elections.
Covington of Floyd, Acting Secretary.
January 15, 1951.

The following Resolutions of the House were read and adopted: HR 40. By Messrs. Mackay, Bell and McWhorter of DeKalb:

A RESOLUTION
To express the sympathy of the members of the House to the family of W. L. Broome, a former member of this House.
WHEREAS, W. L. Broome, until the date of his death, January 16, 1951, served as Sheriff of DeKalb County, and
'VHEREAS, he served two terms in this House of Representatives as a representative from DeKalb County, and
WHEREAS, he served with great distinction in both offices and was highly respected for his friendliness, sincerity and faithful discharge of his duties,
NOW THEREFORE, BE IT RESOLVED that this House express its sympathy to the family and that the Clerk be directed to send a copy of this resolution to his widow Mrs. W. L. Broome.

HR 41. By Messrs. Wood, Clay and Vandiver of Bibb, Musgrove of Clinch, and others:

A RESOLUTION
WHEREAS, it is necessary that the members of the House of Representatives be as fully informed as possible of the needs of the State and its various departments before consideration of any tax measures;
NOW THEREFORE, be it resolved that the Chairman of the Appropriations Committee be requested, and is hereby directed, to immediately have printed and distributed to each of the members of the House of Representatives copies of the proposed appropriation bill; such action to be taken not later than 10:00 A.M. Friday, January 19, 1951.

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JOURNAL OF THE HOUSE,

HR 42. By Mr. Smith of Emanuel:

A RESOLUTION
WHEREAS: It is necessary at all times to keep the House of Representatives Chamber and adjoining offices of the House in a clean and sanitary condition, and
WHEREAS: It is the duty of the Secretary of State to furnish the supplies and needs of the General Assembly,
THEREFORE: Be it resolved by the House of Representatives that the Secretary of State is hereby authorized to employ two porters for the above mentioned purposes at a wage not to exceed the wages as paid the porters of the office of the Secretary of State.
The Speaker called the House to order.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 27. By Messrs. Clary of McDuffie, Overby of Hall, Adams of Brantley, Wheeler of Seminole and Matthews of Clarke:

A Bill to be entitled an Act known as the "Welfare Reorganization Act", and for other purposes.

Mr. Hale of Dade moved that the bill be tabled.

On the motion, Mr. Twittty of Mitchell moved the ayes and nayes, and the motion prevailed.

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

Those voting in the affirmative were Messrs:

Adams of Upson Alverson Ball Barber of Colquitt Barber of Jackson Bargeron Battles Baughman Bell of DeKalb Bell of Richmond Bentley Biggers Birdsong Black Boggus Bolton Brantley Burgamy Burkett Callier Campbell of Walker Cates Claxton

Clay Coffin Coogle Cornelius Cranford Deen Dews Dicus Dorsey Durden Fears Freeman Gowen Green of Cherokee Green of Irwin Greer Griffith Groover Hale Harrell Henderson Herrin Holley

Hollis Jessup Johnston Jolly Jones of Bartow Kelley Kennedy King Kitchens Knight Lam Lanier Lewis of Greene McKelvey McWhorter Mackay Mangum Mims Murr Musgrove Newman Nightingale Owens

WEDNESDAY, JANUARY 17, 1951

161

Page Peacock Pickard Pickett Register Robertson of Coweta Robertson of Dawson Rollins Rowland Scott Short Simmons

Sivell Smiley M. M. Smith of Fulton Hoke Smith of Fulton Stanton Stephens of Towns Stocks Sumner Tarbutton Tarpley Tumlin Turk

Vandiver Vickers Waldrop White Wiggins Wilkes Wilkinson Williams of Cobb Williams of Houston Willis Wood Wright

Those voting in the negative were Messrs:

Abney of Catoosa Abney of Walker Adams of Brantley Aycock Barrett Beasley Best Boone Britton Brooks Byrd Campbell of Oconee Carr Clary Dally Deason Denton Duncan Edenfield Gardner Garrard Gary Gillis

Green of Rabun Greene of Crisp Guthrie Hadden Hall of Toombs Hawkins Hilton Hood Hopkins Huddleston Jackson Johnson of Hall Jones of Lumpkin Jordan Kemp Kidd Langdale Lavender Lewis of Hancock Little McGee Matthews Mishoe

Mull Nelson Otwell Overby Parker Raulerson Ray Rogers Smith of Bryan Smith of Emanuel Stewart Tamplin Tillman Tippens Todd Trapnell Twitty Ursrey Walker of Telfair Wheeler Whitworth Willingham

Those not voting were: Messrs. Adams of Evans, Bennett, Brannen, Braznal, Clark, Covington, Durham, Flynt, Graham, Hall of Floyd, Harper, Harris, Key, Leach, Lovett, McCracken, Murphy, Neville, Pittard, Ramsey, Risner, Scoggin, Sheffield, Smith of Carroll, Stevens of Marion, Terry, \Valker of Crawford, \Varren, Weems, Wooten and lV!r. Speak~r.

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

On the motion to table, the ayes were 105, nays 69.

The bill was tabled.

The hour of 11:00 o'clock, A. 1\I., having arrived, the Senate appeared upon the floor of the House and the General Assembly convened in Joint session for the purpose of electing a member of the State Highway Board.

The President of the Senate called the Joint Session to order.

The Secretary of the Senate read the resolution providing for th:o Joint Session.

16'2

JOURNAL OF THE HOUSE,

Mr. Jones of Bartow moved that the election be postponed until the 60th day of the Session and the motion was lost.
Mr. Overby of Hall placed in nomination, the Honorable John Quillian to succeed himself as a member of the State Highway Board for a term of six years.
Mr. Jones of Bartow moved that the Joint Session be dissolved and the motion was lost.
Senator Ellard of the 31st District seconded the nomination of Mr. Quillian.
Mr. Jones of Bartow, also seconded the nomination of Mr. Quillian.
Senator Rawls of the lOth moved that the nominations be closed and the motion prevailed.
Senator Millican of the 52nd moved that the Secretary be directed to cast the unanimous vote of the General Assembly for Honorable John Quillian, and the motion prevailed.
The entire vote of the General Assembly was cast by the Secretary as follows:

Senators:
Adams, 15th Akins, 40th Blalock, 26th Branch, 47th Bray, 36th Carlisle, 7th Chance, 43rd Chastain, 41st Cocke, 11th Coffin, 12th . Coleman, 18th Connell, 6th Davis, 51st Dean, 46th Drinkard, 29th Dunahoo, 27th Duncan, 34th Dunn, 8th

Edenfield, 2nd Ellard, 31st Farrar, 42nd Gould, 4th Grayson, 1st Hagan, 17th Harden, 45th Hargreaves, 5th Hawes, 30th Hayes, 14th Holloway, 13th Hughes, 32nd Jones, 22nd King, 24th Lancaster, 28th
McCranie, 48th McLaughlin, 3rd Mallory, 25th

Mann, 35th Mashburn, 33rd Mavity, 44th Millican, 52nd Moate, 20th Oliver, 54th Peterson, 16th Pittman, 53rd Rawls, lOth Stephens, 50th Strickland, 38th Trotter, 37th Wall, 9th Williams, 19th Williams, 21st Williams, 49th Willingham, 39th Wilson, 23rd

Representatives:
Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles

Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus
Bolton Boone

Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates

WEDNESDAY, JANUARY 17, 1951

163

Clark Clary Claxton Clay Coffin Coogle Cornelius Covington Cranford Dally Deason Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gowen Gillis Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley
Hollis Hood Hopkins Huddleston Jackson Jessup

Johnson of Hall Johnston Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Lam Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little Lovett McCracken McGarity McGee McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page Parker Peacock Pickard Pickett Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta

Robertson of Dawson Rogers Rollins Rowland Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll Smith of Emanuel .M. M. Smith of Fulton Hoke Smith of Fulton Stanton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens
Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Warren Weems Wheeler White Whitworth Wiggins
Wilkes Wilkinson Williams of Cobb Williams of Houston Willingham Willis Wood Wooten Wright

16'4

JOURNAL OF THE HOUSE,

Those not voting were: Messrs. Murphy, Walker of Crawford and Mr. Speaker.
On the election of Honorable John Quillian as a member of the State Highway Board, the vote was 256, nays 0.
Honorable John Quillian having received the entire vote cast, was declared elected a member of the State Highway Board for a full term of six years.
Senator Dunn of the 8th moved that the Joint Session be now dissolved and the motion prevailed.
Mr. Twitty of Mitchell moved that the House do now recess until 1:30 o'clock, this afternoon and the motion prevailed.
The Speaker announced the House recessed until 1:30 o'clock, this afternoon.

AFTERNOON SESSION
The Speaker called the House to order.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 28. By Messrs. Edenfield of Emanuel, Wheeler of Seminole, Clary of McDuffie, Carr of Whitfield and others:
A Bill to be entitled an Act to amend an Act creating the State Hospital Authority, and for other purposes.

The following amendment to HB 28, was read and adopted:
Messrs. Parker of Baldwin and Boone of Wilkinson move to amend H. B. 28, by striking wherever the same shall appear in both the caption and the body of said bill, the words "twelve million dollars", and inserting in lieu thereof the words, "twenty million dollars", and by adding a proviso at the end of the new Section 5 as quoted in Section 1 thereof, as follows:
"Provided that eight million dollars shall be utilized for additional buildings at the Milledgeville State Hospital."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 128, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 30. By Messrs. Overby of Hall, Ray of Warren, Tamplin of Morgan, Twitty of Mitchell, Lewis of Hancock, and others:
A Bill to be entitled an Act to repeal the Act establishing state wide district Juvenile Court, and for other purposes.

The following amendment to HB 30, was read and adopted: Mr. Alverson of Fulton moves to amend HB 30, Section 5, sub-section (3)

WEDNESDAY, JANUARY 17, 1951

165

striking through the words "3 days" and inserting in lieu thereof the words "15 days".
An amendment offered by Messrs. Overby of Hall and Page of Chatham was read and lost.
By unanimous consent, the amendment offered by the Committee was withdrawn.
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 133, nays 2.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 39. By Messrs. Hall of Toombs, Langdale of Lowndes, Ursrey of Jeff Davis, Hopkins of Charlton, and many others:
A Bill to be entitled an Act to amend an Act relating to motor vehicle license plates, and for other purposes.
An amendment offered by Mr. Johnson of Hall was lost.
An amendment offered by Mr. Bell of Richmond was lost.

The following amendments to HE 39, were read and adopted:
:Messrs. Gowen and Nightingale of Glynn move to amend HB 39, by striking from the caption and the body of the bill wherever the same appears the word "gum".
The Committee moves to amend HB 39, as follows:
By substituting a comma in lieu of the pe1iod in Section 2 and adding the following words after said comma:
"nor in any year thereafter during the present period of National Emergency should it become necessary, by reason of metal priorities or restrictions established by any agency of the United States, to issue metal strips showing the year number in lieu of new tags."
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. Langdale of Lowndes moved the ayes and nays and the motion prevailed.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs:

Abney of Walker Adams of Brantley Adams of Evans Alverson Aycock Barber of Colquitt Battles

Baughman Beasley Biggers Boggus Boone Burgamy Burkett

Campbell of Oconee Clary Claxton Cornelius Deen Dorsey Edenfield

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JOURNAL OF THE HOUSE,

Gardner Garrard Gary Gowen Gillis Green of Irwin Greene of Crisp Greer
G~1thrie
Hadden Hall of Toombs Harrell Harris Hawkins Henderson Herrin Hilton Hollis Hopkins Jackson Johnston Jones of Bartow Jones of Lumpkin Jordan Kelley Kidd

Langdale Lanier Lewis of Hancock McGarity McKelvey Mackay Matthews Mims Mishoe Murr Musgrove Neville Newman Nightingale Owens Parker Peacock Ramsey Raulerson Ray Register Robertson of Dawson Rowland Scott Scoggin Short

Simmons Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stanton Stephens of Towns Sumner Tamplin Tarpley Tillman Todd Trapnell Tumlin Ursrey Vickers Walker of Telfair Wheeler Whitworth Wiggins Wilkes Wilkinson Wooten Wright

Those voting in the negative were Messrs:

Abney of Catoosa Adams of Upson Ball Bargeron Bell of DeKalb Bell of Richmond Bennett Bentley Best Birdsong Black Bolton Brannen Brantley Brazeal Britton Byrd Callier Campbell of Walker Carr Cates Clay Coffin

Coogle Cranford Dally Denton Dews Dicus Duncan Durden Fears Freeman Graham Green of Rabun Griffith Groover Hale Holley Huddleston Jessup Johnson of Hall Jolly Kemp Key Knight

Lam Leach McWhorter Nelson Otwell Overby Pickard Pickett Pittard Robertson of Coweta Sivell Stocks Terry Turk Vandiver Waldrop White Williams of Cobb Williams of Houston Willingham Wood

Those not voting were: Messrs. Barber of Jackson, Barrett, Brooks, Clark, Covington, Deason, Durham, Flynt, Green of Cherokee, Hall of Floyd, Harper, Hood, Kennedy, King, Kitchens, Lavender, Lewis of Greene, Little, Lovett,

WEDNESDAY, JANUARY 17, 1951

167

McCracken, McGee, Mangum, Mall, Murphy, Page, Risner, Rogers, Rollins, Sheffield, Smiley, Smith of Carroll, Stevens of Marion, Stewart, Tarbutton, Tippens, Twitty, Walker of Crawford, Warren, Weems, Willis and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 97, nays 67.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Langdale of Lowndes gave notice that at the propert time he would move that the House reconsider its action in failing to pass HB 39.

The following Resolution of the House was read and adopted:
HR 46. By Messrs. Dicus and Hollis of Muscogee, Twitty of Mitchell, Page of Chatham, H. Smith of Fulton and Bentley of Cobb.
A Resolution declared the opposition of the General Assembly of Georgia to the system of socialized medicine, and for other purposes.
Mr. Smith of Emanuel moved that the House do now adjourn until 10:00 o'clock, A. M., tomorrow morning and the motion prevailed.
Leaves of absence were granted to the Floyd Delegation, Messrs. Claxton of Camden and Beasley of Mcintosh, on account of illness and urgent business.
The Speaker announced the House adjourned until 10:00 o'clock, A. M., tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. Thursday, January 18, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. Shannon Holloway, Pastor, First Methodist Church, Pelham, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be
correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 201. By Messrs. Hall of Toombs and Kidd of Baldwin:
A Bill to be entitled an Act to authorize the Georgia Public Service Commission to prescribe uniform regulations for the safety and distribution of liquified petroleum gases in bulk, and for other purposes.
Referred to the Committee on Conservation.
HB 202. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to amend the Unemployment Compensation Law, by preserving experience rating of employees in the Armed forces, etc., and for other purposes.
Referred to the Committee on Industrial Relations.

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169

HB 203. By Messrs. Pittard and Matthews of Clarke, Clay of Bibb and Carr of Whitfield:
A Bill to be entitled an Act to provide for the annulment of marriages in certain instances, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 204. By Messrs. Greer of Lanier and Hale of Dade:
A Bill to be entitled an Act to provide for Merit System of the State Treasurer Officials and Employees, and for other purposes.
Referred to the Committee on State of Republic.

HB 205. By Messrs. Overby of Hall, Ray of Warren and Twitty of Mitchell:
A Bill to be entitled an Act to provide for Merit System of Department of Agriculture Officials and Employees, and for other purposes.
Referred to the Committee on State of Republic.

HB 206. By Messrs. Smith of Emanuel, Lewis of Hancock, Ray of Warren, Twitty of Mitchell, Edenfield of Emanuel and Aycock of Jenkins:
A Bill to be entitled an Act to provide for Merit System of Secretary of State Officials and Employees, and for other purposes.
Referred to the Committee on State of Republic.

HB 207. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Election Primary-Recount Provided Law", and for other purposes.
Referred to the Committee on State of Republic.

HR 43-207a. By Messrs. Musgrove of Clinch, \Vood and Vandiver of Bibb, Mackay of DeKalb, Register of Lowndes and others:
A Resolution to authorize a Legislative Investigation into all parts of the Executive Branch of the Government, solely for the purpose of promoting economy, and for other purposes.
Referred to the Committee on State of Republic.
HR 44-207b. By Mr. Walker of Telfair:
A Resolution to authorize the State Board of Corrections to reimburse Honorable T. J. Wells for damages done to his automobile by two escaped State convicts, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 45-207a. By Messrs. Abney and Campbell of Walker:
A Resolution to request the Librarian to furnish Law books to the Superior Court of Walker County, and for other purposes. Referred to the Committee on Public Library.

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HB 208. By Messrs. Pittard and Matthews of Clarke:
A Bill to be entitled an Act requiring all candidates for the General Assembly in counties having a population between 36,000 and 37,000 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.
Referred to the Committee on Counties and County Matters.

HB 209. By Messrs. Clark and Battles of Decatur:
A Bill to be entitled an Act to amend an Act to establish the City Court of Bainbridge, and for other purposes.
Referred to the Committee on Municipal Government.

HB 210. By Messrs. Williams and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act to change the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary of Cobb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 211. By Mr. Hall of Toombs:
A Bill to be entitled an Act to amend the charter of the City of Vidalia, and for other purposes.
Referred to the Committee on Municipal Government.

HB 212. By Mr. Musgrove of Clinch:
A Bill to be entitled an Act to provide that the tax receiver in all counties of the state having a population of not less than 5,975 and not more than 6,500, shall be paid from ad valorem school tax collected for the county Board of Education, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 213. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act to abolish the Offices of Tax Collector and Tax Receiver of Wheeler County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 214. By Mr. Hall of Toombs:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Vidalia, and for other purposes.
Referred to the Committee on Municipal Government.

HB 215. By Mr. Smith of Bryan: A Bill to be entitled an Act to amend an Act which created the office

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171

of Tax Commissioner of Bryan County, and for other purposes. Referred to the Committee on Counties and County Matters.

HB 216. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to provide for the disposition and application of fines and forfeitures arising in criminal cases in the Superior Courts and Ordinaries Traffic Courts in counties having a population of not less than 6700 and not more than 6740, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 47-216a. By Messrs. Best of Clay, Lavender of Elbert, Gardner of Dougherty,Short of Colquitt and Musgrove of Clinch:
A Resolution to provide for a committee of eight, five from the House and three from the Senate, to make a thorough investigation of the administration and operation of the Education Department, and for other purposes.
Referred to the Committee on Education #2.

HR 48-216b. By Messrs. Pittard of Clarke, Stewart of Habersham, Robertson of Coweta and many others:
A Resolution to investigate the State Department of Veterans Service, and for other purposes.
Referred to the Committee on Veterans Affairs.

Mr. Tarbutton of Washington 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 108. Do Pass.
HB 78. Do Pass.
HB 77. Do Pass.
Respectfully submitted,
Tarbutton of Washington,
Chairman.

Mr. Edenfield of Emanuel County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker:
Your Committee on Conservation has had under consideration the following Bills of the House and has instructed me as Chairman, to report the

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same back to the House with the following recommendations: HB 179. Do Pass. HB 99. Do Pass, As Amended. Respectfully submitted, Edenfield of Emanuel, Chairman.

Mr. Alverson of Fulton 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 85. Do Pass. HB 83. Do Pass. HB 193. Do Pass. HB 194. Do Pass. HB 196. Do Pass. HB 197. Do Pass. HB 198. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education
# 1, submitted the following report:
Mr. Speaker:
Your Committee on Education #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 1. Do Pass, As Amended.
Respectfully submitted, Duncan of Carroll, Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General Judiciary #2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #2 has had under consideration the

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173

following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 23. Do Pass. HB 33. Do Pass. HB 151. Do Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.

Mr. Raulerson of Pierce 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 21-129c. Do Pass.
Respectfully submitted,
Raulerson of Pierce,
Chairman.

Mr. Smith of Bryan 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 112. Do Pass.
HB 115. Do Pass.
Respectfully submitted,
Smith of Bryan,
Chairman.

Mr. Gillis of Treutlen 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 177. Do Pass.
HB 19. Do Pass, as Amended.

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JOURNAL OF THE HOUSE,

HB 189. Do Pass.

Respectfully submitted, Gillis of Treutlen, Chairman.

Mr. Bennett of Barrow 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 199. Do Pass. HB 200. Do Pass. HB 190. Do Pass. HB 191. Do Pass. HB 192. Do Pass. HB 195. Do Pass. HB 157. Do Pass. HB 159. Do Pass. HB 161. Do Pass. HB 162. Do Pass. HB 163. Do Pass. HB 165. Do Pass.
Respectfully submitted, Bennett of Barrow, Chairman.

Mr. Henderson of Atkinson 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 31-153A. Do Pass.
Respectfully submitted,
Henderson of Atkinson,
Chairman.

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175

.M:r. Brazeal of Terrell County, Chairman of the Committee on Public Highways #1, submitted the following report:
.M:r. Speaker:
Your Committee on Public Highways # 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 29. Do Pass.
Respectfully submitted, Brazeal of Terrell, Chairman.

.M:r. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report: .M:r. Speaker:
Your Committee on Engrossing has examined the following Bills and Resolutions of the House and find them properly engrossed:
HB 14. HB 15. HB 16. HB 24. HB 44. HB 57. HB 65. HB 72. HB 73. HB 80. HB 81. HB 87. HB 91. HB 125. HB 126. HB 127. HB 129. HB 123. HR 18-S!Ja. HB 28. HB 30.

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JOURNAL OF THE HOUSE,

HB 56. HB 66. HB 86. HB 118. HB 119. HB 120. HB 121. HB 122. HB 124. HB 128. HR 19-129a. HR 20-129b. HR 46.

Respectfully submitted, Green of Rabun, Chairman.

By unanimous consent, the following Bills and Resolutions, favorably reported, were read the second time:

HB 1.

By Messrs. Hand and Twitty of Mitchell, Matthews of Clarke, Ray of Warren, Smith of Emanuel, Langdale of Lowndes, and others:
A Bill to be entitled an Act to create the State School Building Authority, and for other purposes.

HB 19. By Messrs. Overby of Hall, Abney of Walker, Langdale of Lowndes, Abney of Catoosa, Jones of Lumpkin, Covington of Floyd, Twitty of Mitchell, Tamplin of Morgan and others:
A Bill to be entitled an Act regulating traffic on streets and highways; to effect a complete revision of all and singular the laws of this State; and for other purposes.

HB 23. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act which provides for and regulates the certification and recordation of corporate bonds and the prohibition against and penalty for circulation of such uncertified bonds, and for other purposes.

HB 29. By Messrs. Hand and Twitty of Mitchell, Gowen of Glynn, Page of Chatham, Smith of Emanuel and Hood of Chatham:
A Bill to be entitled an Act to facilitate vehicular traffic in the State

THURSDAY, JANUARY 18, 1951

177

of Georgia by providing for the construction, repair and operation of turnpike projects; and for other purposes.

HB 33. By Mr. Alverson of Fulton: A Bill to be entitled an Act to be known as the Uniform Support of Dependents Law, and for other purposes.
HB 77. By Mr. Twitty of Mitchell: A Bill to be entitled an Act to amend an Act relating to the limit of loans by banks, and for other purposes.
HB 78. By Mr. Twitty of Mitchell: A Bill to be entitled an Act to amend an Act, relating to the incorporation of banks and to investigation by the Superintendent of Banks of application for Bank Charter, and for other purposes.
HB 83. By Mr. Herrin of Echols:
A Bill to be entitled an Act to repeal an Act to provide for the division of Echols County into three Commissioners Districts, and for other purposes.

HB 85. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to amend the Act creating and relative to the Board of Commissioners of Roads and Revenues of Clarke County, and for other purposes.

HB 99. By Messrs. Gillis of Treutlen, Langdale of Lowndes and Hall of Toombs:
A Bill to be entitled an Act to create a board to be known as the State Board of Registration for Forresters, and for other purposes.

HB 108. By Messrs. Johnson and Overby of Hall, Greer of Lanier, Durden of Dougherty, Nightingale of Glynn and Ray of Warren:
A Bill to be entitled an Act to amend the Act making shares of Statechartered building and loan associations and Federal Savings and Loan Insurance Corporation legal investments for certain fiduciaries and corporations, and for other purposes.

HB 112. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act relating to the grounds for the granting of a total divorce, and for other purposes.

EB 115. By Messrs. Rollins and Biggers of Meriwether:
A Bill to be entitled an Act relating to the practice of physical therapy by registered physical therapists and others, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 151. By Messrs. Smith of Carroll, Lewis of Hancock, Mims of Miller, Murphy of Haralson, Duncan of Carroll and others:
A Bill to be entitled an Act to authorize and provide a contingent expense allowance, payable from the Treasury for Judges of the Superior Courts, and for other purposes.

HB 157. By Messrs. Carr and Britton of Whitfield:
A Bill to be entitled an Act to amend an Act incorporating the City of Dalton, and for other purposes.

HB 159. By Mr. Walker of Telfair:
A Bill to be entitled an Act to amend an Act to create a new charter for the town of Lumber City, and for other purposes.

HB 161. By Messrs. Durden and Gardner 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 162. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act to amend an Act establishing a new char ter for the City of Albany, and for other purposes.

HB 163. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act providing for the merger of the existing independent school system of the City of Albany, and for other purposes.

HB 165. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act to establish the City Court of Wrightsville, and for other purposes.

HB 177. By Messrs. Langdale and Register of Lowndes:
A Bill to be entitled an Act to make it unlawful to place in any motor vehicle any advertising material relating to lodging or eating places, and for other purposes.

HB 179. By Messrs. Hall of Toombs and Kidd of Baldwin:
A Bill to be entitled an Act to repeal an Act to prevent waste, foster, encourage and provide conservation of crude oil and natural gas, and for other purposes.

HB 189. By Messrs. Pittard of Clarke, Owens of Tift, Peacock of Dodge and many others:
A Bill to be entitled an Act to regulate and prohibit the alteration, construction, or changing of motors of Motor Vehicles to certain degrees, and for other purposes.

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179

HB 190. By Messrs. Page, Hood and McGee of Chatham:
A Bill to be entitled an Act to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, and for other purposes.

HB 191. By Mr. Hall of Toombs:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Vidalia, and for other purposes.

HB 192. By Messrs. Register and Langdale of Lowndes:
A Bill to be entitled an Act to amend the charter of the City of Valdosta, and for other purposes.

HB 193. By Mr. Coffin of Schley:
A Bill to be entitled an Act to provide for the election of the Board of Commissioners of Roads and Revenues of Schley County, and for other purposes.

HB 194. By Mr. Bennett of Barrow:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue of the County of Barrow, and for other purposes.

HB 195, By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act known as the Griffin Retirement Pensions Act, and for other purposes.

HB 196. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act which provides for one Commissioner for the County of Elbert, and for other purposes.

HB 197. By Mr. Dally of Walton:
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 Walton, and for other purposes.
HB 198. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act which provided for one Commissioner for the County of Elbert, and for other purposes.
HB 199. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to create and incorporate the City of Riverdale, and for other purposes.

HB 200. By Messrs. Langdale and Register of Lowndes: A Bill to be entitled an Act to amend the charter of the Town of

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JOURNAL OF THE HOUSE,

Hahira, and for other purposes.

HR 21-129c. By Messrs. Boone of Wilkinson, Lovett of Laurens and others:
A Resolution to favor the erection of a suitable memorial for the late Congressman Dudley M. Hughes, and for other purposes.

HR 31-153a. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution authorizing the Governor to convey to the U. S. Government small islands in the Savannah River, and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 154. By Mr. Peacock of Dodge: A Bill to be entitled an Act to supplement the compensation now received by the Sheriff 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 103, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 155. By 2'1::r. Peacock of Dodge: A Bill to be entitled an Act to provide for the disposition of fines and forfeitures accumulating in the Superior Court 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 pr,ssage of the bill, the ayes were 104, nays 0.
The b'll, having received the requisite constitutional majority, was passed.
HB 156. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to provide for the disposition of fines and forfeitures accumulating in the City Court 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 158. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to provide that the Sheriff of Jenkins County shall receive the sum of $150.00 per month in addition to any fees or compensation which he now receives, and for other purposes.

THURSDAY, JANUARY 18, 1951

181

The report 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 160. By Mr. Walker of Telfair:
A Bill to be entitled an Act to supplement the compensation now received by the Clerk of the Superior Court 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 164. By Messrs. Newman and Wright of Ware:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues of the County of Ware, and for other purposes.
The report 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 167. By Messrs. Burkett and Vickers of Coffee:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues in the County of Coffee, and for other purposes.
The report 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 169. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act so as to provide compensation to the Commissioner for expenses incurred while on county business outside of the county, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 168. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to carry into effect an amendment to the Constitution of the State of Georgia relating to the creation of 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills and Resolutions of the Senate, were read the first time and referred to the Committees:

SB 1. By Senators Willingham of the 39th, Rawls of the lOth, Drinkard of the 29th, Mavity of the 44th and Donehoo of the 27th:
A Bill to be entitled an Act to amend an Act, to create the offices of State Highway Board, Chairman of State Highway Department, and for other purposes.
Referred to the Committee on State of Republic.

SB 3. By Senator Rawls of the lOth:
A Bill to be entitled an Act to amend the Employees Retirement System Act to provide commencement date, termination of membership, pension accumulation for State employees loaned to Federal Government or in Armed forces, and for other purposes.
Referred to the Committee on State of Republic.

SR 9. By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters an amendment so as to authorize the County of Chatham to incur a bonded indebtedness in addition to that heretofore authorized for the establishment and construction of an additional new road to Savannah Beach, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

SR 10. By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters an amendment so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

SR 11.

By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters an amendment so as to authorize the City of Savannah to incur a bonded indebtedness for a new hospital, and for other purposes.

Referred to the Committee on Amendments to the Constitution #2.

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183

SR 12. By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters an amendment so as to authorize the City of Savannah to incur a bonded indebtedness for the purpose of repairing, etc., streets, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

SR 13. By Senator Grayson of the 1st:
A Resolution proposing an amendment to the Constitution creating the "Savannah District Authority" as a constitutional authority providing for the appointment, eligibility, tenure of officers, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

SR 14. By Senator Grayson of the 1st:
A Resolution proposing an amendment to the Constitution creating the "Georgia Ports Authority" of the State of Georgia as a Constitutional Authority of the State providing for the appointment, etc., of officers, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.
Mr. Twitty of Mitchell moved that the following Bill of the House be taken from the table:

HB 27. By Messrs. Clary of McDuffie, Overby of Hall, Adams of Brantley, Wheeler of Seminole and Matthews of Clarke:
A Bill to be entitled an Act known as the "Welfare Reorganization Act", and for other purposes.
The motion prevailed.
Mr. Langdale of Lowndes moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 39. By Messrs. Hall of Toombs, Langdale of Lowndes, Ursrey of Jeff Davis, Hopkins of Charlton and many others:
A Bill to be entitled an Act to amend an Act relating to motor vehicle license plates, and for other purposes.
On the motion, the ayes were 65, nays 48.
The motion prevailed and the bill was placed at the foot of the calendar to follow HB 135.
Under the regular order of business, the following Bill of the House was taken up for consideration:

HB 10. By Messrs. Lewis of Hancock, Gowen of Glynn, Jackson of Jones, Smith of Emanuel, Freeman of Monroe and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Public Safety Department", relating to salaries of all Troopers, and for other purposes.

184

JOURNAL OF THE HOUSE,

Mr. Lewis of Hancock moved that further consideration of HB 10 be postponed until January 25th, 1951, and the motion prevailed.
Under the regular order of business, the following Bill of the House was taken up for consideration:

HB 22. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act relating to the limited partnerships, and for other purposes.
Mr. Twitty of Mitchell moved that further consideration of HB 22 be postponed until Monday, January 22, 1951, and the motion prevailed.

Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 43. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee, Dally of Walton, Tamplin of Morgan and Stanton of Newton:
A Bill to be entitled an Act to create the Department of Revenue, to provide for the appointment, etc., of Commissioner and Deputy Commissioner, and for other purposes.
Mr. Johnson of Hall moved that the bill be tabled, and the motion was lost.

The following amendments to HB 43, were read and adopted:
Mr. Durden of Dougherty moves to amend HB 43 by striking the figure $10,000 wherever the same appears (in reference to salary of Commissioner) and inserting in lieu thereof the figure $9000.00).
Mr. Gowen of Glynn and Smith of Emanuel move to amend HB 43 by adding a new section to be known as Section "7a" and to follow Section 7 and to read as follows: "The State Revenue Commissioner and the State Deputy Revenut Commissioner shall each be ineligible to be elected or to be appointed to any other State House or Constitutional Office in this State for a period of two years from the expiration of the term for which they are appointed."
Mr. Durden of Dougherty moves to amend HB 43 by inserting at end of Section 10, the following "Provided however that the salary of the Deputy Commissioner provided for herein shall not exceed the sum of $7000.00 per annum."
Mr. Ray of Warren moves to amend HB 43 by adding a new Section at the end thereof to read as follows:
"The provisions of this Act are declared severable and should any clause, sentence, paragraph, section, portion or provision of the Act be judicially declared unconstitutional, the remainder shall continue to stand and continue in full force and effect."
Mr. Nightingale of Glynn moves to amend HB 43 and Section 34 thereof, by changing the "third" to read "taxes due to municipal corporations of the State" and "fourth" to read "taxes due school or other special tax districts of the State."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

THURSDAY, JANUARY 18, 1951

185

On the passage of the bill, as amended, the ayes were 133, nays 7.
The bill, having received the 1equisite constitutional majority, was passed, as amended.

Under the regular order of business, the following Bill of the House was taken up for consideration:
HB 47. By Messrs. Overby of Hall, Lewis of Hancock, Smith of Emanuel, Smith of Carroll, Matthews of Clarke and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act which equalizes the salaries of certain State officials and the salary and subsistence of the members of the State Pardon and Parole Board, and for other purposes.
Mr. Twitty of Mitchell moved that further consideration of HB 47 be postponed until Monday, February 5, 1951, and the motion prevailed.
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. Gowen of Glynn, Britton of Whitfield, Bargeron of Burke, Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel and others:
A Bill to be entitled an Act to provide for Municipal Home Rule, and for other purposes.
Mr. Twitty of Mitchell moved that the House recess until 2:00 o'clock, this afternoon and the motion prevailed.
The Speaker announced the House recessed until 2:00 o'clock, P. M.
AFTERNOON SESSION
The Speaker called the House to order.
Further consideration of HB 53, was resumed.
Mr. Musgrove of Clinch moved the previous question.
An amendment offered by Mr. Adams of Brantley, was read and lost.

The following amendments to HB 53, were read and adopted:
Mr. Scott of Thomas moves to amend Section 3 (j) of HB 53 as follows:
To insert after the words, "residing in the territory so proposed to be incorporated", the following, "and qualified voters who own property therein".
Mr. Bolton of Spalding moves to amend HB 53 as follows:
By adding to the end of the first paragraph in paragraph "J", Section 3, of said bill the following language, to wit:
"Provided however, the provisions of this section shall not be applicable in any county in this State wherein both a county and a

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separate or independent school system exists, unless, in addition to the aforesaid provisions, the petition signed by the qualified voters of the territory proposed to be annexed shall have attached thereto approval in writing of a majority of the County Board of Education of the county wherein the proposed territory to be incorporated shall lie."
Mr. Lovett of Laurens moves to amend HB 53 by striking the words and figures 20 per cent wherever same appear and inserting in lieu thereof the words and figures 30 per cent.
Messrs. McWhorter, Mackay and Bell of DeKalb move to amend HB 53 as follows:
By adding to Section 3 (j) of said bill the following language, to-wit:
"Provided, however, that no municipality with a population of more than 200,000 persons according to the 1950 United States census, or any future United States census, whose boundaries extend into two or more counties, shall have authority to extend its corporate limits under the terms of this Act."
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 139, nays 15.
The bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Boone of Wilkinson arose on a point of personal privilege and addressed the House.
Under the regular order of business, the following Resolution of the House was taken up for consideration:

HR 12-89c. By Messrs. Lewis of Hancock, Hall of Floyd, Adams of Brantley, Clary of McDuffie, Carr of Whitfield and many others.
A Resolution to ratify the 22nd amendment to the Constitution of the U. S. by the legislature of the State of Georgia, and for other purposes.
Mr. Lewis of Hancock, moved that the resolution be tabled, and the motion prevailed.
Under the regular order of business, the following Resolution of the House was taken up for consideration, and read the third time: HR 17-89h. By Messrs. Hollis, Dicus and Pickard of Muscogee:

A RESOLUTION
A Resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution of this State by striking therefrom Paragraph XV of Section VII of Article III in its entirety, and inserting in lieu thereof a new paragraph providing for notice of intention to apply for local legislation to be advertised in the newspaper in the locality affected; to provide for method of changing term of office or abolishing an office during the term for which a person

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has been elected; and to provide for the method of increasing the membership of any municipal or county governing authority; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Upon the approval of this Resolution in the manner hereinafter provided, that Paragraph XV of Section VII of Article III be and the same is hereby repealed by striking in its entirety all of said Paragraph XV of Section VII of Article III, which reads as follows:
"Paragraph XV. Notice of intention to ask local legislation necessary.
No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the 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. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by a majority vote of the qualified voters of the political subdivision affected.", and that in lieu thereof a new paragraph be substituted, to be known as Paragraph XV of the Section VII of Article III of the Constitution of the State of Georgia, and which shall read as follows:
"Paragraph XV. Notice of intention to ask local legislation necessary.
No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the 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. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the. office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by receiving the highest number of votes cast

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by the qualified voters of the political subdivision affected voting in an election called for that purpose."
Section II. Be it 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 1952, as provided by law. If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and returns thereof made to the Governor, then he shall declare said amendment adopted, and make a proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia.
Mr. Hollis moved that HR 17-89h be postponed until Monday, January 22, 1951, immediately after the period of unanimous consents, and the motion prevailed.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 90. By Messrs. Murr and Burgamy of Sumter, Twitty of Mitchell, Smith of Emanuel, and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act entitled "An Act providing for the creating of the office of Judge of the Superior Court, Emeritus", and for other purposes.
Mr. Johnson of Hall moved that the bill be tabled.
On the motion to table, the ayes were 43, nays 80.
The motion was lost.
Mr. Rogers of Heard moved the previous question.

The following amendment to HB 90, was read and adopted:
Mr. Jones of Bartow moves to amend HB 90, by amending Section 2 by striking the words four full terms (16 years) and substituting therefor the words five full terms (20 years).
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 12, nays 98.
The bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Hood of Chatham requested that the following Resolution be placed on the calendar for the purpose of considering the unfavorable report of the Committee:

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189

HR 14-89e. By Messrs. McGee, Page and Hood of Chatham:
A Resolution to provide for the appointment of a committee to be called "Ports and Waterways Committee".
Mr. Smith of Emanuel moved that this House do now adjourn until 10:00 o'clock, A. M., and the motion prevailed.
Leaves of absence were granted to Messrs. Owens of Tift, Stocks of Lee and McCracken of Jefferson.
The Speaker announced the House adjourned until 10:00 o'clock, A. M., tomorrow morning.

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Representative Hall, Atlanta, Georgia. Friday, January 19, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. Shannon Holloway, Pastor, First Methodist Church, Pelham, Georgia.

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

Mr. Huddleston of Fayette, Secretary of the Committee on Journals reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 217. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to provide for the taxation, regulation, control and licensing of Racing within the State of Georgia, and for other purposes.
Referred to the Committee on Industrial Relations.
HB 218. By Mr. Key of Jasper:
A Bill to be entitled an Act to authorize municipalities, cities or towns to accept cash bonds from persons charged with a violation of the ordinances or of an offense against such municipality, etc., and for other purposes.
Referred to the Committee on General Judiciary #1.

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191

HB 219. By Messrs. Boggus of Ben Hill, Green of Irwin, Twitty of Mitchell, Murr of Sumter, Walker of Telfair and others:
A Bill to be entitled an Act to provide for insuring children attending the public schools of the State of Georgia, who are transported to or from school by school buses, and for other purposes.
Referred to the Committee on Education # 1.

HB 220. By Messrs. Gowen and Nightingale of Glynn, Hood and Page of Chatham:
A Bill to be entitled an Act to authorize the Governor to remove from office any municipal or county arresting officer who operates or participates in the operation of a speed trap, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 221. By Messrs. Gowen and Nightingale of Glynn and Adams of Upson:
A Bill to be entitled an Act to amend an Act relating to the expenses of proceedings of lunacy commissions, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 222. By Messrs. Walker of Telfair and Smith of Emanuel:
A Bill to be entitled an Act to authorize the eligible officials and employees of the Comptroller-General's office to become members of the Employees Retirement System, and for other purposes.
Referred to the Committee on Insurance.

HB 223. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act by providing that claim of lien must be filed for record within three months after the completion of the work, etc., and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 224. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act so as to provide a method of filling a vacancy in the office of Ordinary, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 225. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act by providing that conditional bills of sale must be filed for record within thirty days from their date, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 226. By Messrs. McWhorter, Mackay and Bell of DeKalb: A Bill to be entitled an Act to amend an Act by providing that the

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decree of registration may free the land registered from further registration, and for other purposes.
Referred to t}:e Committee on General Judiciary #2.

HB 227. By Mr. Bennett of Barrow:
A Bill to be entitled an Act to provide for filing statement of funds expended for candidates and campaigns by organizations or associations, with the Secretary of State, and for other purposes.
Referred to the Committee on Privileges and Elections.

HB 228. By Mr. Hood of Chatham:
A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Solicitor-General Emeritus, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 229. By Messrs. Ray of Warren, Key of Jasper, Twitty of Mitchell, Smith of Emanuel and Tarbutton of Washington:
A Bill to be entitled an Act to amend an Act known as an Act to authorize the establishment and maintenance of common trust funds and to prescribe and define the rights, powers and duties of fiduciaries, banks and trust ccmpanies with respect thereto, and for other purposes.
Referred to the Committee on Banks and Banking.
HB 230. By Messrs. McWhorter, Mackay and Bell of DeKalb and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act by providing that in all counties having a population of more than 130,000, that the Clerks of the Superior Courts may provide separate index books and recording instruments affecting real estate and personal property, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 231. By Messrs. McWhorter, Mackay and Bell of DeKalb and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act by providing that in all counties of this state having a population of more than 130,000, it shall not be necessary for the Clerk of the Superior Court to keep duplicate issue and motion dockets for the use of the bar, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 232. By Mr. Owens of Tift:
A Bill to be entitled an Act to amend an Act to repeal the present charter of the City of Tifton, and for other purposes.
Referred to the Committee on Municipal Government.

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193

HB 233. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Atlanta; to provide for the territorial jurisdiction of the Civil Court of DeKalb County, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 234. By Messrs. Pittard and Matthews of Clarke:
A Bill to be entitled an Act to prohibit and regulate within the territorial limits of any County having a population between 36,000 and 37,000, the solicitation of votes for any person or proposition, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 235. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that the county registrars shall prepare separate registered voters lists for each voting precinct in militia districts containing more than one precinct in counties having a population of not less than 86,000 and not more than 88,000, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 236. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide through a Cadastral Survey, a field book system for real property identification and evaluation in counties having a population of not less than 85,000 and not more than 100,000, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 237. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that no person, firm or corporation shall sell at either wholesale or retail, give away or distribute any fire works, in counties having a population of net less than 86,000 and not more than 90,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 238. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide for the examination for qualified Electrician, for the right to engage in said vocation, in counties having a population of not less than 85,000 and not more than 90,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 239. By Messrs. McWhorter, Mackay and Bell of DeKalb: A Bill to be entitled an Act to amend an Act providing for fees of

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Clerks in counties having a population of not less than 120,000 and not more than 145,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 240. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act authorizing DeKalb County and the Governing authorities thereof to provide for the construction and maintenance of street, sidewalks and curbing and to levy assessments therefor, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 241. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that Coroners shall receive a salary in lieu of the fees allowed by law for holding inquests in counties having a population of not less than 120,000 and not niore than 145,000 and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 242. By Messrs. Dicus, Pickard and Hollis of Muscogee: A Bill to be entitled an Act to amend an Act to create the Board of Commissioners of Roads and Revenues of the County of Muscogee, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 243. By Messrs. Dicus, Pickard and Hollis of Muscogee: A Bill to be entitled an Act to amend an Act creating a Municipal Court of Columbus, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 244. By Messrs. Dicus, Pickard and Hollis of Muscogee: A Bill to be entitled an Act to amend an Act establishing a City Court in Columbus, Georgia, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 245. By Messrs. Dicus, Pickard and Hollis of Muscogee: A Bill to be entitled an Act to amend an Act establishing a City Court in Columbus, Georgia, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 246. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system for Clerks of the Superior Courts in counties having a population of not less than 120,000 and not more than 145,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

FRIDAY, JANUARY 19, 1951

195

HB 247. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to grant to the Commissioner of Roads and Revenue or other authority having charge of fiscal affairs in all counties having a population of not less than 70,000 and not more than 71,000, to regulate in said county outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 248. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to create a system of pensions and retirement for officers and employees of DeKalb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 49-248a. By Messrs. Bell, Holley and Graham of Richmond:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Richmond County, certain enumerated volumes of the Georgia Supreme Court, the Court of Appeals, annotated Code of Georgia, and for other purposes.
Referred to the Committee on Counties and County Matters.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 13. By Senator Grayson of the 1st: A bill to amend an Act to provide for the creation of office of SolicitorGeneral Emeritus, and for other purposes.
SB 14. By Senator Grayson of the 1st:
A bill to amend an Act entitled "An act to incorporate the Ocean Steamship Company of Savannah", and for other purposes.
SB 15. By Senator Grayson of the 1st:
A bill to amend the Revenue Certificate Laws authorizing counties, cities, towns, school districts and highway districts to issue revenue anticipation certificates; and for other purposes.
SB 16. By Senator Grayson of the 1st:
A bill amending the Act creating the States Port Authority; and for other purposes.

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SB 17.

By Senator Grayson of the 1st:
A bill to create public authorities in any county or municipality of this State; and for other purposes.

SB 18. By Senator Grayson of the 1st:
A bill amending the Act creating "The Savannah Ports Authority"; by changing the name to the "Savannah District Authority"; and for other purposes.

SB 19.

By Senator Grayson of the 1st:
A bill amending the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah by providing a method of taxation of real and personal property; and for other purposes.

SB 20.

By Senator Grayson of the 1st:
A bill amending the several acts incorporating and relating to the Mayor and Aldermen of the City of Savannah repealing all laws in conflict herewith; and for other purposes.

SB 21. By Senator Grayson of the 1st:
A bill amending the charter of the Mayor and Aldermen of the City of Savannah by submitting to the qualified voters a referendum election as to whether or not the Mayor and Aldermen form of government shall be continued; and for other purposes.

SB 23.

By Senator Grayson of the 1st:
A bill to amend, revise and alter the several Acts relating to and incorporating the town of Thunderbolt, Georgia so as to extend the corporate limits of said town; and for other purposes.

SB 22.

By Senator Grayson of the 1st:
A bill to amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah for the purpose of paying the bonded debt of the same; and for other purposes.

SB 24. By Senator Grayson of the 1st:
A bill amending the several acts relating to and incorporating the Mayor and Aldermen of the City of Savannah by fixing and prescribing the southeastern limits of the City of Savannah; and for other purposes.

SB 32. By Senator Bray of the 36th:
A bill to amend the Act of the General Assembly incorporating the City of Manchester; and for other purposes.

SB 37. By Senator Farrar of the 42nd and Senator Willingham of the 39th: A bill to amend Section 47-101 of the Code relating to apportionment

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197

of members of the House of Representatives so as to reapportion the membership; and for other purposes.

SR 8.

By Senator Strickland of the 38th:
A resolution ratifying and approving the proposed amendment to the Constitution of the United States, relating to the terms of the office of President.

SR 20. By Senator Grayson of the 1st:
A resolution proposing to the qualified voters an amendment to the Constitution to authorize Chatham County to incur additional bonded indebtedness.

HB 67. By Mr. Weems of Chattooga:
A bill to amend an act establishing the City Court of Chattooga county so as to provide for other methods of the Solicitor's election and compensation; and for other purposes.

HB 69.
A bill to amend an act which established the City Court of Americus; and for other purposes.

HB 82.
A bill to amend an act abolishing the fee system as applied to the office of Solicitor General in the Atlanta Judicial Circuit and fixing the duties and salaries of Assistant Solicitor; and for other purposes.

Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to the Constitution #1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution #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 30-142a. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.
Mr. Langdale of Lowndes 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

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HB 176. Do Pass.

Respectfully submitted, Langdale of Lowndes, Chairman.

Mr. Campbell of Oconee County, Chairman of the Committee on General Agriculture #1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture # 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 32. Do Pass, by Substitute.
HB 113. Do Not Pass.
HB 114. Do Not Pass.
Respectfully submitted,
Campbell of Oconee,
Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General Judiciary #2, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary #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 18. Do Pass. HB 35. Do Pass. HB 116. Do Pass, as Amended. HB 170. Do Pass. HB 134. Do Not Pass.
Respectfully submitted,
Hollis of Muscogee,
Chairman,

Mr. Smith of Bryan 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

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199

HB 48. Do Pass.

Respectfully submitted, Smith of Bryan, Chairman.

Mr. Smiley of Liberty 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 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 188. Do Pass.
HR 37-189d. Do Pass.
HR 23-129e. Do Pass.
Respectfully submitted,
Smiley of Liberty,
Chairman.

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

HB 18. By Mr. Bell of Richmond:
A Bill to be entitled an Act to amend an Act to authorize Judges of the Superior Court to sentence any person who pleads guilty to murder to confinement in the penitentiary for life in the discretion of such judges, and for other purposes.

HB 32. By Messrs. Campbell of Oconee, Garrard of Wilkes, Cates and Bargeron of Burke:
A Bill to be entitled an Act to amend an Act which Act created a Milk Control Board, and for other purposes.

HB 35. By Mr. Denton of Paulding:
A Bill to be entitled an Act to repeal an Act which shall provide that husband and wife shall be competent but not compellable to give evidence for or against the other in any criminal proceeding, and for other purposes.

HB 48. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act which provides for the members of the State Board, to increase the number of members from 14 to 16 and that the Georgia State Nurses Association shall submit nominees for members to the Governor, and for other purposes.

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HB 116. By Mr. Owens of Tift:
A Bill to be entitled an Act to amend an Act relating to incompetency of witnesses in any action, suit, or proceeding in any court, instituted in consequence of adultery, etc., and for other purposes.

HB 170. By Messrs. Vandiver of Bibb, Carr of Whitfield, Clay of Bibb and Wood of Bibb:
A Bill to be entitled an Act to amend an Act to provide for an investigation and report to the Superior Court in which an adoption petition is filed, and for other purposes.

HB 176. By Messrs. Langdale of Lowndes, Hall of Toombs, Gillis of Treutlen and Jordan of Wheeler.
A Bill to be entitled an Act to amend an Act relating to the compensation and expenses of the Commissioners at meetings of the Game and Fish Commission, and for other purposes.

HB 188. By Messrs. Twitty of Mitchell and Durden of Dougherty:
A Bill to be entitled an Act to compensate A. C. Simmone, for injuries sustained by Lanora Simmone, and for other purposes.

HR 23-129e. By Messrs. Stocks of Lee and Murr of Sumter:
A Resolution to compensate W. T. Beauchamp out of the funds of the Department of Public Safety for injuries sustained in accident while on duty, and for other purposes.

HR 30-142a. By Messrs. Durden of Dougherty, Williams of Cobb, Carr of Whitfield, and others.
A Resolution proposing to the qualified voters an amendment to provide that a constitutional amendment affecting only one or more political subdivisions of the State shall be voted upon only by the voters of said subdivision and shall be advertised only in the area affected, and for other purposes.

HR 37-189d. By Mr. Wiggins of Stephens:
A Resolution to compensate Mr. Marvin Ariail for damages to his automobile, and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 83. By Mr. Herrin of Echols:
A Bill to be entitled an Act to repeal an Act to provide for the division of Echols County into three Commissioners Districts, 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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201

On the passage of the bill, the ayes were 103, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 85. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to amend the Act creating and relative to the Board of Commissioners of Roads and Revenues of Clarke County, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 157. By Messrs. Carr and Britton of Whitfield:
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 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 159. By Mr. Walker of Telfair:
A Bill to be entitled an Act to amend an Act to create a new charter for the Town of Lumber City, and for other purposes.

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 161. By Messrs. Durden and Gardner 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.
The report 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 162. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act to amend an Act 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.

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On the passage of the bill, the ayes were 108, nays The bill, having received the requisite constitutional majority, was passed.

HB 163. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act providing for the merger of the existing independent school system of the City of Albany and the existing school district in the County of Dougherty, and for other purposes.
The report 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 165. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend an Act to establish the City Court of Wrightsville, and for other purposes.
The report 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 190. By Messrs. Page, Hood and McGee of Chatham:
A Bill to be entitled an Act to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 191. By Mr. Hall of Toombs:
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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 192. By Messrs. Register and Langdale 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.

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203

On the passage of the bill, the ayes were 113, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 193. By Mr. Coffin of Schley:
A Bill to be entitled an Act to provide for the election of the Board of Commissioners of Roads and Revenues of Schley County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was ag1eed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 194. By Mr. Bennett of Barrow:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue of the County of Barrow, and for other purposes.
The report 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 195. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act known as the Griffin Retirement Pensions Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 196. By Mr. Lavender of Elbert:
A Bill to be entitled an Act to amend an Act which provides for one Commissioner for the County of Elbert, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 197. By Mr. Dally of Walton:
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 Walton, and for other purposes.

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The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority was passed.

HB 198. By Mr. Lavender of Elbert: A Bill to be entitled an Act to amend an Act which provided for one Commissioner for the County of Elbert, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 199. By Mr. Kemp of Clayton: A Bill to be entitled an Act to create and incorporate the City of Riverdale, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 200. By Messrs. Langdale and Register 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 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.
By unanimous consent, the following Bills and Resolutions of the Senate, were read the first time and referred to the Committees:

SR 8. By Senator Strickland of the 38th:
A Resolution ratifying and approving the proposed amendment to the Constitution of the United States, relating to the terms of the office of President, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

SB 13. By Senator Grayson of the 1st:
A bill to be entitled an Act to amend an Act to provide for the creation of the office of Solicitor-General Emeritus, and for other purposes.
Referred to the Committee on General Judiciary # 1.

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205

SB 14. By Senator Graylilon of the 1st:
A Bill to be entitled an Act to amend an Act to incorporate the Ocean Steamship Company of Savannah, and for other purposes.
Referred to the Committee on General Judiciary #1.

SB 15. By Senator Grayson of the lst:
A bill to be entitled an Act to amend an Act authorizing counties, cities, towns, school districts and highway districts to issue revenue anticipation certificates, and for other purposes.
Referred to the Committee on General Judiciary #1.

SB 16. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating the State Ports Authority, and for other purposes.
Referred to the Committee on State of Republic.

SB 17. By Senator Grayson of the 1st:
A Bill to be entitled an Act to create public authorities in any county or municipality of this State, and for other purposes.
Referred to the Committee on State of Republic.

SB 18. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating The Savannah Port Authority for the Harbor and Port of Savannah, and for other purposes.
Referred to the Committee on State of Republic.

SB 19. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend the Act relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

SB 20. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating, incorporating, and relating to the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

SB 21. By Senator Grayson of the 1st:
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.
Referred to the Committee on Municipal Government.

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SB 22. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

SB 23. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act relating to and incorporating the town of Thunderbolt, and for other purposes.
Referred to the Committee on Municipal Government.

SB 24. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

SB 32. By Senator Bray of the 36th:
A Bill to be entitled an Act to amend an Act incorporating the City of Manchester; to provide for five Commissioners, and for other purposes.
Referred to the Committee on Municipal Government.

SB 37. By Senators Farrar of the 42nd and Senator Willingham of the 39th:
A Bill to be entitled an Act to amend an Act relating to apportionment of members of the House of Representatives, etc., and for other purposes.
Referred to the Committee on State of Republic.

SR 20. By Senator Grayson of the 1st:
A Resolution proposing an amendment so as to authorize the County of Chatham to incur a bonded indebtedness in addition to that heretofore authorized for the purpose of contributing to the establishment, construction and maintenance of a new hospital, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.
The following Bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the Committee:

HB 134. By Messrs. Stewart of Habersham, Scoggin of Floyd, Key of Jasper, Alverson of Fulton, Johnson of Hall and others.
A Bill to be entitled an Act to amend an Act to entitle women to serve as jurors, and for other purposes.

The following Resolution of the House was read and adopted: HR 50. By Messrs. Twitty and Hand of Mitchell:

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207

A RESOLUTION
WHEREAS, during the past several days the members of The House have been entertained by beautiful music made possible by the use of a piano furnished by the Cable Piano Company .of Atlanta and
WHEREAS, the members of The House desire to express their deepest and sincere appreciation to. the Cable Piano Company and its Mr. Foster for furnishing said piano for entertainment for members of The House without any charge whatsoever, now therefore
BE IT RESOLVED by the members of The !louse that their appreciation for the kindness and courtesy of the Cable Piano Company and its Mrs. Foster be conveyed to them through the medium of this Resolution, and
BE IT FURTiiER RESOLVED that the sincere thanks of the officials of said House and members thereof be conveyed to the said Company and Mr. Foster for furnishing this piano without charge for entertainment to the members of The House, and
BE IT FURTHER RESOLVED that a copy of this Resolution be spread upon the minutes of The House and a copy furnished to the Cable Piano Company and Mr. Foster.
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 Messrs. Hand and Twitty of Mitchell, Matthews of Clarke, Ray of Warren, Smith of Emanuel, Langdale of Lowndes and many others:
A Bill to be entitled an Act to create the State School Building Authority, and for other purposes.
An amendment to HB 1, offered by Mr. Jones of Bartow, was read and lost.

The following amendments to HB 1, were read and adopted:
Mr. Hand of Mitchell moves to amend House Bill Number One (1) by striking the words five (5) and three (3), in the second sentence of Section 2 and substituting therefor the words seven (7) and four (4) respectively.
Mr. Hand of Mitchell moves to amend House Bill Number One (1) by changing the period at the end of the second sentence of Section 2 to a comma and adding the State Superintendent of Schoo~s.
Mr. Hand of Mitchell moves to amend House Bill Number One (1) by striking the third sentence in Section 2 and substituting for said sentence the following sentences:
The remaining three members shall be appointed by the Governor in such manner that the term of one member shall expire January 1, 1953, and the terms of the other two members shall expire January 1, 1955 and January 1, 1957 respectively.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

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On the passage of the bill, as amended, the ayes were 131, nays 0. The bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read and adopted:
HR 51. By Mr. Bennett of Barrow.
A RESOLUTION
WHEREAS, Today January 19, 1951, is the birthday of that immortal southern soldier, statesman and compatriot, Robert E. Lee, and
WHEREAS, His incomparable nobility of character is a bright beacon of hope in these dark, dank and perilous times, and
WHEREAS, By his life of service, honor and courageous patriotism, he is a constant symbol of the value of integrity and probity is in these times of crass materialism.
NOW THEREFORE BE IT RESOLVED, That the House of Representatives by this resolution pays tribute to General Robert E. Lee on the occasion of his birthday.
BE IT FURTHER RESOLVED, That this resolution be spread upon the records of this body.

By unanimous consent, the following Bill of the House was recommitted to the Committee on Motor Vehicles:
HB 19. By Messrs. Overby of Hall, Abney of Walker, Langdale of Lowndes, Abney of Catoosa, Jones of Lumpkin, Covington of Floyd, Twitty of Mitchell, Tamplin of Morgan, and others:
A Bill to be entitled an Act regulating traffic on streets and highways; to effect a complete revision of all and singular the laws of this State, 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 23. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell.
A Bill to be entitled an Act to repeal an Act which provides for and regulates the certification of corporate bonds and prohibition against circulation of such bonds, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following bills of the House, were taken up for consideration:

FRIDAY, JANUARY 19, 1951

209

HB 27. By Messrs. Clary of McDuffie, Overby of Hall, Adams of Brantley, Wheeler of Seminole and Matthews of Clarke.
A Bill to be entitled an Act known as the "Welfare Reorganization Act", and for other purposes.

Mr. Twitty of Mitchell moved that further consideration of HB 27, be postponed until Wednesday, January 24th, 1951, and the motion prevailed.

HB 29. By Messrs. Hand and Twitty of Mitchell, Gowen of Glynn, Page of Chatham, Smith of Emanuel and Hood of Chatham.
A Bill to be entitled an Act to facilitate vehicular traffic in the State of Georgia by providing for the construction, maintenance, repair and operation of turnpike projects; and for other purposes.

Mr. Twitty of Mitchell moved that further consideration of HB 29, be postponed until Wednesday, January 24th, 1951, and the motion prevailed.

Mr. Twitty of Mitchell moved that this House do now adjourn until Monday morning, January 22nd, 10:00 o'clock, A. M., and the motion prevailed.

Mr. Durden of Dougherty requested leave of absence for Monday and Tuesday, and the leave was granted.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday morning.

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JOURNAL OF THE HOUSE,

Representative Hall; Atlanta, Georgia, Monday, January 22nd, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. W. C. Charidler, Pastor, Savannah Primitive Baptist Church, Savannah, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals reported that the Journal of Friday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 249. By Messrs. Hand and Twitty of Mitchell: A Bill to be entitled an Act to amend an Act entitled "Housing Cooperation Law", and for other purposes.
Referred to the Committee on Interstate Cooperation.
HB 250. By Messrs. Twitty and Hand of Mitchell. A Bill to be entitled an Act to amend an act entitled "Housing Authorities Law", and for other purposes.
Referred to the Committee on Interstate Cooperation.
HB 251. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Redevelopment Law"; to make clear the authority of any housing authority to acquire

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211

blighted and other land for redevelopment for residential, recreational, commercial or industrial use, etc., and for other purposes.
Referred to the Committee on Interstate Cooperation.

HB 252. By Messrs. Hand of Mitchell, Gillis of Treutlen, Jordan of Wheeler, Hilton of Montgomery, Garrad of Wilkes, and many others:
A Bill to be entitled an Act to provide that no person's name shall be placed on the General Election ballot as a candidate for United States Senator, Governor, State House officers, Justice of the Supreme Court or Judge of the Court of Appeals, unless such person has been nominated for such office in a primary election held under the County Unit System and conducted under the auspices of a political party, and for other purposes.
Referred to the Committee on State of Republic.

HB 253. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to validate and declare legal the creation and establishment of housing authorities, all bonds, notes, contracts, agreements, obligations and undertakings of said housing authorities, and for other purposes.
Referred to the Committee on Interstate Cooperation.

HB 254. By Messrs. Abney of Walker, Hall and Scoggin of Floyd, Johnson of Hall, Durham of Baker, Black of Webster and many others:
A Bill to be entitled an Act to provide that every owner of a motor vehicle, trailer, tractor, (Except tractors and farm trailers used only for agricultural purposes) or motorcycles, shall register with the Tax Commissioner or Tax Collector of his county, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 255. By Mr. Matthews of Clarke:
A Bill to be entitled an Act making provision for the licensure of applied psychologists through a State Board of Examiners of Psychologists, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 256. By Messrs. Ursrey of Jeff Davis, Rogers of Heard, Langdale of Lowndes, and Clary of McDuffie:
A Bill to be entitled an Act to govern Sanitation in Eating Places, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

_HB 257. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to authorize the Public Serv;ce Commission to grant special permits to operate motor vehicles upon the public high-

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ways which are in excess of the limit provided by law for the weight of motor vehicles, and for other purposes.
Referred to the Committee on Public Utilities.

HB 258. By Messrs. Johnson of Hall, Vandiver of Bibb, Nightingale of Glynn and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act so as to provide that a decree of registration shall operate to free the registered land from further registration unless otherwise expressly provided, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 259. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act entitled "Contracts to Defeat Competition", and for other purposes.
Referred to the Committee on Ways and Means.

HB 260. By Mr. Greer of Lanier:
A Bill to be entitled an Act to provide for inspection, discovery and production, in criminal cases when the evidence of the State shall relate to Ballistic!', fire arms identification, blood, semen, etc. about which the State will rely on opinion evidence of an expert witness, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 261. By Mr. Turk of Banks:
A Rill to be entitled an Act to provide that every proprietor and manag-er of any place operated commercially as a place for the public to swim shall at all times, when such place is open to the public, have prominently displayed near every place which is more than five feet deep and near every other danger point which might cause injury or death to an unsuspecting swimmer, an adequate warning of the existence of such deep place or other danger point, and for other purposes.
Referred to the Committee on Public Welfare.

HR 262. By Messrs. Pittard and Matthews of Clarke:
A Bill to be entitled an Act to provide an alternative method by which county lines can be changed, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 263. By Messrs. Lovett of Laurens, Smith of Emanuel, Gowen of Glynn, Hand of Mitchell, Greer of Lanier, Ray of Warren and Twitty of Mitchell.
A Bill to be entitled an Act to make General Appropriations for the maintenance and operation of the agencies of Government for the fiscal

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213

year beginning July 1, 1951 and for other purposes. Referred to the Committee on Appropriations.

HB 264 By Messrs. Twitty of Mitchell, Alverson and Smith of Fulton, Groover of Troup and Adams of Brantley:
A Bill to be entitled an Act to regulate the profession of Hairdresser or Cosmetologist; and for other purposes.
Referred to the Committee on State of Republic.

HB 265. By Messrs. Leach of Rockdale, Best of Clay and Lavender of Elbert:
A Bill to be entitled an Act to amend an Act which relates to the compensation of County Superintendent of Schools, and for other purposes.
Referred to the Committee on Education # 1.

HB 266. By Messrs. Johnston and Sumner of Worth, Green of Irwin, Kennedy of Turner and Owens of Tift:
A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Judge of the Superior Court, Emeritus, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 267. By Mr. Rogers of Heard:
A Bill to be entitled an Act to provide for tattoo, marks, and brands on Cattle, and for other purposes.
Referred to the Committee on General Agriculture #2.

HB 268. By Messrs. Dicus of Muscogee, Bentley of Cobb, Durden of Dougherty and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act relating to the grounds for the grant of the interpleader, etc., and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 269. By Messrs. Dicus of Muscogee and Ursrey of Ben Hill:
A Bill to be entitled an Act conferring additional jurisdiction and powers upon the Superior Courts and additional jurisdiction and powers in certain support proceedings, and for other purposes.
Referred to the Committee on Interstate Cooperation.

HB 270. By Messrs. Dicus and Hollis of Muscogee:
A Bill to be entitled an Act to make uniform the procedure on Interstate Extradition and authorizing this State to cooperate with other States to their mutual benefit in relation to persons convicted or under

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indictment or accusation for crime; to provide for delivery of fugitives from Justice, and for other purposes.
Referred to the Committee on Interstate Cooperation.

HB 271. By Messrs. Tumlin and Jones of Bartow, Smith of Emanuel, Scoggin of Floyd, Ray of Warren,- Carr of Whitfield and many others:
A Bill to be enttitled an Act to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, and for other purposes.
Referred to the Committee on General Judiciary #1.

HR 52-271a. By Messrs. Gardner of Dougherty and Twitty of Mitchell:
A Resolution to compensate Jeff Rose for damages to automobile, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 53-271b. By Messrs. Matthews of Clarke, Brooks of Oglethorpe, Dally of Walton, Stanton of Newton, Scoggin of Floyd and many others:
A Resolution to ascertain why the split season dove hunting regulation was abandoned in Georgia when it is allowed in other adjoining states, and for other purposes.
Referred to the Committee on Game and Fish.

HR 54-271c. By Messrs. Matthews of Clarke, Smith of Emanuel, Ray of Warren, Pittard of Clarke, Campbell of Oconee and Tamplin of Morgan:
A Resolution proposing an amendment so as to provide for the creation of a State Medical Education Board, and for other purposes.
Referred to the Committee on University System of Georgia.

HR 56-271d. By Mr. Johnson of Hall:
A Resolution proposing an amendment to change the term of the General Assembly; to fix annual salaries of members of the General Assembly, and for other purposes.
Referred to the Committee on Amendments to Constitution #2.

HR 56-271e. By Mr. Lewis of Hancock:
A Resolution to reimburse Dr. E. H. Hutchins who was injured in line of duty with the State as a result of an accident without fault of his own, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 272. By Mr. Waldrop of Douglas: A Bill to be entitled an Act to amend an Act creating the office of Tax

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215

Commissioner of Douglas County, and for other purposes. Referred to the Committee on Counties and Countr Matters.

HB 273. By Messrs. Bargeron and Cates of Burke:
A Bill to be entitled an Act to amend an Act to establish the City Court of Waynesboro, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 274. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to provide for compensation for Coroners and Coroner's juries in counties having a population of not less than 108,000 and more than 112,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 275. By Mr. Coogle of Macon:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue for the County of Macon, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 276. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to prohibit and regulate the sale of fireworks in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 277. By Messrs. Scoggin, Hall and Covington of Floyd:
A Bill to be entitled an Act authorizing the Board of Commissioners of Roads and Revenues for Floyd County to establish rules and regulations governing the payment of pensions to county employees in said county, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 57-277a. By Mr. Greene of Crisp:
A Resolution proposing an amendment so as to provide for the division of Crisp County into school districts, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

Mr. Alverson of Fulton County, Chairman of the Committee on Counties and County Mattters, submitted the following report:
Mr. Speaker:
Your Committee on Counties and County Matters have had under consideration the following Bills and Resolutions of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE,

HB 208. Do Pass. HB 212. Do Pass. HB 213. Do Pass. HB 216. Do Pass. HB 215. Do Pass. HR 49-248a. Do Pass. HB 248. Do Pass. HB 239. Do Pass. HB 241. Do Pass. HB 210. Do Pass. HB 236. Do Pass. HB 238. Do Pass. HB 235. Do Pass. HB 234. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. M. Smith of Fulton County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committtee on Insurance have had under consideration the following Bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 185. Do Pass.
HB 37. Do Pass.
Respectfully submitted,
M. Smith of Fulton,
Chairman.

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined the following Bills and Resolutions of the House and find them properly engrossed:
HB 43.
HB 53.

HB 1. HB 23. HB 83. HB 85. HB 154. HB 155. HB 156. HB 157. HB 158. HB 159. HB 160. HB 161. HB 162. HB 163. HB 164. HB 165. HB 167. HB 168. HB 169. HB 190. HB 191. HB 192. HB 193. HB 194. HB 195. HB 196. HB 197. HB 198. HB 199. HB 200.

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217

Respectfully submitted, Green of Rabun, Chairman.

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JOURNAL OF THE HOUSE,

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

HB 37. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act prohibiting insurance companies organized and operating under the laws of Georgia from acquiring or holding more than ten percent of the securities of any single corporation, and for other purposes.

HB 185. By Mr. Johnson of Hall:
A Bill to be entitled an Act to provide for the giVIng of security by owners and operators of motor vehicles; and for other purposes.

HB 208. By Messrs. Pittard and Matthews of Clarke:
A Bill to be entitled an Act requiring all candidates for the General Assembly in counties of a certain population 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 210. By Messrs. Williams and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act to change the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary of Cobb County, and for other purposes.

HB 212. By Musgrove of Clinch:
A Bill to be entitled an Act to provide that the Tax receiver in counties of a certain population shall be paid from ad valorem school tax collected for the county Board of Education, and for other purposes.

HB 213. By Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act to abolish the offices of Tax Collector and Tax Receiver of Wheeler County, and for other purposes.

HB 215. By Mr. Smith of Fulton:
A Bill to be entitled an Act to amend an Act which created the office of Tax Commissioner of Bryan County, and for other purposes.

HB 216. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to provide for the disposition and application of fines and forfeitures arising in criminal cases in the Superior Courts and Ordinaries Traffic Courts in counties of a certain population, and for other purposes.

HB 234. By Messrs. Pittard and Matthews of Clarke:
A Bill to be entitled an Act to prohibit and regulate within the territorial limits of any County having a certain population, the solicitation

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219

of votes for any person or proposition, and for other purposes.

HB 235. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that the county registrars shall prepare separate registered voters lists for each voting precinct in militia districts containing more than one precinct in counties of a certain population, and for other purposes.

HB 236. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide through a Cadastral Survey, a field book system for real property identification and evaluation in counties of a certain population, and for other purposes.

HB 238. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide for the examination for qualified Electrician, for the right to engage in said vocation in counties of a certain population, and for other purposes.

HB 239. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act providing for fees of Clerks in counties having a certain population, and for other purposes.

HB 241. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that Coroners shall receive a salary in lieu of the fees allowed by law for holding inquests in counties having a certain population, and for other purposes.

HB 248. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to create a system of pensions and retirement for officers and employees of DeKalb County, and for other purposes.

HR 49-248a. By Messrs. Bell, Holley and Graham of Richmond:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Richmond County, certain enumerated volumes of the Georgia Supreme Court, the Court of Appeals, annotated Code of Georgia, and for other purposes.

The following Resolution of the House was read and adopted:
HR 58. By Messrs. Lewis of Hancock, Hood of Chatham, Freeman of Monroe and Warren of Washington:
A RESOLUTION WHEREAS Honorable Benjamin J. Tarbutton of Sandersville, Washington County, Georgia, has been recently elected to the Presidency

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of the Central of Georgia Railroad; and
WHEREAS he has served the State of Georgia for many years as a member of the General Assembly; and
WHEREAS he is one of this State's most respected citizens and has endeavored at all times to promote the welfare of Georgia in order that this State might take its rightful place as one of the leading States of the Union; and
WHEREAS in all of his many varied activities, his primary purpose in life has been that of devoted duty to his State; NOW, THEREFORE, BE IT
RESOLVED by the House of Representatives that it extend its sincerest congratulations to Honorable Benjamin J. Tarbutton upon his election to the Presidency of the Central of Georgia Railroad and for his outstanding service to our State.
BE IT FURTHER RESOLVED that a copy of this Resolution be presented to Mr. Tarbutton by the Clerk of the House.

By unanimous consent, the following Bill of the Senate, was withdrawn, read the second time and recommitted to the Committee on State of Republic:

SB 1.

By Senators Willingham of the 39th, Rawls of the lOth, Drinkard of the 29th, Mavity of the 44th and Donahoo of the 27th:
A Bill to be entitled an Act to amend an Act to create the offices of State Highway Board, Chairman of the State Highway Department, and for other purposes.

The following Resolution of the House, was read and adopted:
HR 59. By Messrs. Carr of Whitfield, Gary of Quitman, l\Iatthews of Clarke, Murr of Sumter, Twitty of Mitchell, Smith of Emanuel and Jones and Tumlin of Bartow:
A RESOLUTION
WHEREAS, in 1950 the volume of traffic increased 12%, the number of registered vehicles increased 10%, the number of deaths increased 18%, the number of injuries increased 21%, and the number of accidents increased 28%; and
WHEREAS, 70 to 80% of the drivers on the road do not habitually violate the traffic laws, but enough of them are inadvertently drawn into unsafe situations by the 20 or 30% wilful violators so that continuous patrolling is required so the sight of troopers is a deterrent to the violator; and
WHEREAS, many travelers, both Georgians and persons from out of State, both those who travel regularly and those who are on the highways occasionally, have expressed their amazement at the lack of patrol cars on the highways, some traveling miles and miles without seeing a patrol car and others making their whole trip without seeing one; and

MONDAY, JANUARY 22, 1951

221

WHEREAS, the State Troopers are charged with law enforcement on local, State, and Federal highways, and because of the tremendous road mileage under their jurisdiction and the relatively small number of troopers they are seldom seen long at any one spot or locality; and
WHEREAS, in 1950 the troopers were forced to travel an average of 200 miles per day per patrol, which is obviously inadequate as evidenced by the increases in traffic accidents and casualties; and
WHEREAS, it is reasonable to assume that the length of the patrol should be reduced and the number of patrols increased in order to have better coverage and an adequate observation of traffic; and
WHEREAS, in other States where the number of patrolmen has been increased the result has been an overall decrease in traffic deaths by 100 per every 100 troopers added; and
WHEREAS, the economic cost to States per 100 traffic deaths has been computed at $6,500,000.00, an amount which far overshadows the cost of 100 additional troopers; and
WHEREAS, the cost for adding additional troopers is a very small price to pay for saving the lives of 100 Georgians; and
WHEREAS, no troopers were added to the patrol roster in 1950, although the 238 troopers increased their enforcement 16%; and
WHEREAS, a well trained, immediately available police force is one of the first lines of defense against sabotage; and
WHEREAS, additions to such a force will definitely result in an immediate decrease in certain types of crimes on the highways; and
WHEREAS, with additional personnel it will be possible to have 24-hour patrolling;
NOW, THEREFORE, BE IT RESOLVED That the House of Representatives, the Senate concurring, strongly recommend that the battalion of the Department of Public Safety be increased to 350 troopers, as authorized by an Act of the General Assembly approved February 2, 1949.
BE IT FURTHER RESOLVED That the General Assembly make available to the Department of Public Safety sufficient funds for increasing the battalion to 350 troopers.

Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 18.

By Mr. Bell of Richmond: A Bill to be entitled an Act to amend an Act to authorize Judges of the Superior Court to sentence any person who pleads guilty to murder to confinement in the penitentiary for life in the discretion of such judge, and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 83.

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JOURNAL OF THE HOUSE,

The bill, having failed to receive the requisite constitutional majority, was lost.
Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 22. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act relating to limited partnerships, and for other purposes.
Mr. Twitty of Mitchell moved that HB 22 be postponed until Tuesday, January 23, 1951, immediately following the period of unanimous consents, and the motion prevailed.

Under the regular order of business, the following Resolution of the Hom~e was again taken up for consideration:
HR 17-89h. By Mr. Hollis of Muscogee:
A Resolution proposing an amendment to the Constitution with reference to advertising of notice of intention to apply for local legislation, and for other purposes.

The following amendment to HR 17-89h, was read and adopted:

Messrs. H. Smith of Fulton and Hollis of Muscogee move to amend

HR 17-89h, by striking the last sentence of new paragraph fifteen (15) of the Constitution of the State of Georgia and substituting therefor the following:
"When any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may in said law provide."
The report of the Committee, whi~h was favorable to the adoption of the resolution, was agreed to, as amended.

The roll call was ordered and the vote was as follows: Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson
Ball Barber of Colquitt Barber of Jackson Bargeron Barrett

Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley
Best Birdsong Bolton Brannen Brantley

Britton Brooks Burgamy Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clary Clay

MONDAY, JANUARY 22, 1951

223

Coffin Coogle Cornelius Covington Dally Deason Deen Denton Dews Dicus Dorsey Duncan Durham Edenfield Freeman Gardner Garrard Gary Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Groover Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Hilton Hollis Hood Hopkins Huddleston Jackson Jessup Johnson of Hall Jolly Jones of Bartow

Jones of Lumpkin Jordan Kelley Kemp Kennedy Key King Knight Lam Langdale Lanier Lewis of Hancock Little McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Murphy Murr Nelson Newman Nightingale Otwell Overby Owens Peacock Pickard Pittard Ramszy Ray Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Scoggin

Sheffield Simmons Sivell Smiley Smith of Carroll Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stanton Stephens of Towns Stevens of Marion Stewart Stocks Tamplin Tarbutton Tarpley Terry Tillinan Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Warren
'Veems Wheeler White Whitworth Wiggins
Williams of Cobb Willingham Willis Wood Wright

Those voting in the negative were Messrs. :

Aycock Biggers Boone

Musgrove Smith of Bryan Sumner

Williams of Houston

Those not voting were: Messrs. Battles, Black, Boggus, Brazeal, Burkett, Clark, Claxton, Cranford, Durden, Fears, Flynt, Gillis, Gowen, Greer, Griffith, Guthrie, Hadden, Hale, Herrin, Holley, Johnston, Kidd, Kitchens, Lavender, Leach, Lewis of Greene, Lovett, McCracken, McGafity, McGee, Mull, Neville, Page, Parker, Pickett, Raulerson, Scott, Short, Walker of Crawford, Wilkes, Wilkinson, Wooten and Mr. Speaker.

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

On the adoption of the resolution, as amended, the ayes were 155, nays 7.

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JOURNAL OF THE HOUSE,

The resolution, having received the requisite two-thirds constitutional majority, was adopted.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:

HB 32. By Messrs. Campbell of Oconee, Garrard of Wilkes, Cates and Bargeron of Burke:
A Bill to be entitled an Act to amend an Act which created a Milk Control Board, and for other purposes.

The following Committee Substitute to HB 32, was read:

A BILL
To be entitled an Act to amend that Act of the General Assembly approved the 30th day of March, 1937 (Georiga Laws 1937, pp. 247264), and entitled "An Act to decla1e an emergency concerning the production, distribution, and sale of milk; to define milk; to regulate the distribution and sale thereof; to create and establish a Milk Control Board, provide for the appointment of its members, prescribe its duties, and define its powers; to provide for the appointment of a Director of lY- ilk Control, prescribe his duties, and define his powers; to create a Miik Control Fund, and provide for its expenditure in the enforcement of this Act; to authorize such Board to fix prices of milk; to define consumers and to provide for them an adequate supply of wholesome milk; to define producers, producer distributors, distributors, and milk stores, and provide for their licensing and the revocation of such licenses; to fix fees payable by licensees hereunder; to provide penalties for violation of this Act; to provide how and in which localities this Act shall be effective; and for other purposes"; and all Acts amendatory thereof, including the Act approved the 17th day of March, 1939 (Georgia Laws 1939, pages 132-134); the Act approved the 27th day of March, 1941 (Georgia Laws 1941, pages 256-257); the Act approved the 9th day of March, 1945 (Georgia Laws 1945, pages 410-415), the Act approved February 2, 1949 (Georgia Laws 1949, pages 78-87), and the Act approved February 10, 1950 (Georgia Laws 1950, pages 136-139); to provide for the holding of an election to determine whether or not the provisions of this Act shall be made applicable within designated milk shed; to provide that the eligible members of a milk shed may petition the Milk Control Board to remove the designated milk shed from the provisions of this Act and if a majority of those entitled to vote sign the petition the Board shall withdraw its provisions and orders from such milk shed; to provide for an election as a condition precedent to the combination of milk sheds; to add an additional number to the Milk Control Board and to change the method of fixing the compensation of the Chairman of said Board; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
SECTION 1
That an Act entitled, "An Act to declare an emergency concerning

MONDAY, JANUARY 22, 1951

225

the production, distribution, and sale of milk; to define milk; to regulate the distribution and sale thereof; to create and establish a Milk Control Board, provide for the appointment of its members, prescribe its duties, and define its powers; to provide for the appointment of a Director of Milk Control, prescribe his duties, and define his powers; to create a Milk Control Fund, and provide for its expenditure in the enforcement of this Act; to authorize such Board to fix prices of Milk; to define consumers and to provide for them an adequate supply of wholesome milk; to define producers, producer-distributors, distributors, and milk stores, and provide for their licensing and the revocation of such licenses; to fix fees payable by licensees hereunder; to provide penalties for violation of this Act; to provide how and in which localities this Act shall be effective; and for other purposes.", approved March 30, 1937 (Ga. Laws 1937, p. 247) and all Acts amendatory thereof, including the Act approved March 17, 1939 (Ga. Laws 1939, p. 132), the Act approved March 27, 1941 (Ga. Laws 1941, p. 256), the Act approved March 9, 1945 (Ga. Laws 1945, p. 410), the Act approved February 2, 1949 (Ga. Laws 1949, p. 78), and the Act approved February 10, 1950 (Ga. Laws 1950, p. 136), is hereby amended by striking therefrom Section 3 of said Act, which said Section 3 creates the Milk Control Board and prescribes its personnel and designates their terms of office and compensation in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. Milk Control Board. There is hereby created a Milk Control Board to consist of seven members appointed by the Governor and confirmed by a majority of the State Senate. One member, who, while serving in office, shall not be employed by or have any direct or indirect interest in any person, firm or corporation engaged in the business of producing, buying, or selling milk, shall be designated by the Governor as "Chairman" and shall be appointed to serve for a term of six years ending on the 31st day of January, 1955. Two members who shall have had actual experience in the dairy industry as individual owner, active partner-owner, or active fulltime owner, or active fulltime manager of a dairy herein defined as a producer for a period of at least ten (10) years immediately prior to appointment shall be designated by the Governor as "Producer Member" and shall be appointed to serve for a term of six years ending on the 31st day of January, 1955. One member, who shall have had actual experience in the dairy industry as individual owner, active partner-owner, or active fulltime manager of a dairy herein defined as a producer-distributor, but which during the last twelve months of such experience, actually produced at least three-fifths of the milk sold, for a period of at least ten years immediately prior to appointment, shall be designated by the Governor as "Producer-Distributor Member" and shall be appointed to serve for a term of four years ending on the 31st day of January, 1953. One member, who shall have had actual experience in the dairy industry as individual owner, active partner-owner, or active full-time manager of a business engaged in buying and selling milk for a period of at least ten years immediately prior to appointment and who is not eligible to be "Producer Member" or "Producer-Distributor Member", shall be designated by the Governor as "Dealer Member" and shall be appointed to serve for a term of four years ending on the 31st day of January, 1953. One member, who, while serving in office, shall not be employed by or have any direct or indirect interest in any person, firm, or corporation engaged in the business of producing, buying, or selling milk, shall be designated

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by the Governor as "Consumer Member" and shall be appointed to serve for a term of two years ending on the 31st day of January, 1951. One member to be known as store member, and store is hereby defined as defined in Section 2 of an Act of the Legislature approved March 30, 1937 (Ga. Laws 1937, p. 247), said store member to be appointed by the Governor for a term of 6 years and to be appointed and approved in the same manner as all other members are appointed, as provided by law and shall have the same rights, powers and duties as the other members of said Board. All members of the board shall have been residents of the State of Georgia for a period of at least ten years prior to appointment. Having been a mere stockholder, officer, director, or otherwise connected with a milk business, except by active full-time participation, shall not qualify an individual to be a "Producer Member", "ProducerDistributor Member", or "Dealer Member". Having been an officer of a corporation who actively on a full-time basis participated in management of a dairy business shall be considered as having been an active full-time manager. Successors to all members of the board whose terms expire thereafter shall be appointed for terms of six years each. Interim appointments may be made to fill vacancies for unexpired terms. Each member shall serve until his successor is appointed and qualified. Except for the chairman, each member of the board shall be paid from the milk control fund, for each day devoted to the affairs of the board, a per diem at the rate now or hereafter prescribed as per diem for members of the General Assembly, but not in excess of one hundred and fifty ($150.00) dollars in any one calendar month. All members shall be paid the necessary and usual travel and subsistence allowed to other State officers while engaged in business of the board. The chairman shall devote full time to the affairs of the board and shall be vested with such authority as the board shall direct not in conflict with this Act. The compensation of the chairman shall be fixed by a majority vote of the Board being present and voting at the time said salary is fixed."

SECTION 2
That said Act of March 30, 1937, and the several amendatory acts thereto referred to in Section 1, hereinabove, is further amended by striking therefrom Section 5 of said Act, which said Section 5 provides for the designation of milk sheds and the conduct of elections within such milk sheds in its entirety and substituting in lieu thereof a new Section 5 to read as follows:
"Section 5. Milk Sheds. Upon its organization, the Board shall designate natural marketing areas within the State, each of which shall constitute a milk shed, and the Board may, from time to time thereafter designate additional milk sheds or combine two or more milk sheds in which this Act is effective; provided, however, that no two or more milk sheds, once having been designated by the Board as such, shall be combined until the Board shall call an election to be held in such milk sheds and unless a majority of those voting in each milk shed shall vote in favor of such combination; such election shall be held according to the procedure hereinafter set out for elections to determine whether or not this Act shall be applicable within the several milk sheds. After the designation of any milk shed and upon petition to the Board therefor, the Board shall notify in writing the Judge of the Superior Court in whose circuit the milk shed is located that a petition has been filed for

MONDAY, JANUARY 22, 1951

227

the holding of an election within such milk shed to determine whether or not the provisions of the Act shall be made applicable within such milk shed, whreupon it shall be the duty of the Judge of the Superior Court to appoint two persons for holding said election in a milk shed; however, if the designated milk shed is located in more than one judicial circuit the Judge in each judicial circuit affected shall appoint one person in their respective districts to hold and supervise the election. The persons appointed to hold said elections shall declare and certify the result to the appointing Judge or Judges and said Judge or Judges shall certify the result of said election to the Board. Each producer, producer-distributor, and distributor having a municipal or county permit to sell milk within the milk shed shall be entitled to one vote only. If, in any such election, a majority of the votes cast shall be favorable thereto, the provisions of this Act shall thereupon apply within such milk shed and shall remain in force throughout the remaining life of this Act unless a majority of those entitled to vote shall petition the Board to remove its orders and withdraw the provisions of such milk shed, in which instance the Board shall withdraw its provisions and orders from such milk shed. The Board shall advertise each election and make reasonable rules governing the conducting thereof. The decision of the Board as to the results of any such election shall be final, but the provisions of this Act shall not apply within any part of this State except within any milk shed wherein a favorable election has been held as provided in this Section. Upon holding a similar favorable election within the territory proposed to be added to any existing milk shed, the Board may enlarge the geographical limits of any existing milk shed and thereupon the provisions of this law and all orders, rules and regulations of the Board then in effect in said existing milk shed shall become effective in the milk shed as so enlarged. The Board, in its discretion, at any time, may reduce the geographical limits of any existing milk shed. It is not the intention of this Act to limits its applicability to the geographical territory embraced in a milk shed; the specific intention of this Act is to provide for the complete economic regulation of all milk in any manner whatsoever handled, sold, distributed or consumed in any milk shed from the time of its production through its consumption, including any sales thereof outside of the milk shed prior to the milk entering the milk shed."

SECTION 3
That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Mr. Ursrey of Jeff Davis moved the previous question.

The following amendment to the Committee Substitute to HS 32, was read and adopted:
Mr. Murr of Sumter moves to amend Committee Substitute to HB 32 by adding the following to the end of Section 2 "section 5" so as to read:
"That the expense of holding any election under the terms of this Act shall be defrayed from funds of the Milk Control Board".
The Committee Substitute, as amended, was adopted.

228

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 112, nays 10.
The bill having received the requisite constitutional majority, was passed. by substitute, as amended.

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

SB 9.

By Senator Rawls of the lOth, and others:
A bill to amend an Act relative to issuance of drivers license without cost to certain veterans; and for other purposes.

SB 29. By Senator Harden of the 45th, and others:
A bill amending Code Section relative to making it a misdemeanor to use dynamite or other explosives for the purpose of killing fish; and for other purposes.

SB 33. By Senator Carlisle of the 7th, and others:
A bill creating the State Office Building Authority; and for other purposes.

SB 34. By Senator Pittman of the 53rd and others:
A bill to provide that the United States shall aid the States in fish restoration; and for other purposes.

SB 38. By Senator Stephens of the 50th:
A bill amending an Act supplementing the salary of the Judge of the Superior Courts of the Western Circuit; and for other purposes.

SB 39. By Senator Stephens of the 50th:
A bill to supplement the salary of the Solicitor General of the Western Judicial Circuit; and for other purposes.

SB 40. By Senator Harden of the 45th:
A bill to supplement the compensation now received by the sheriff of Telfair county; and for other purposes.

SB 44. By Senators Strickland of the 38th, Coleman of the 18th, Ellard of the 31st:
A bill to recognize the existing system of Vocational Rehabilitation of

MONDAY, JANUARY 22, 1951

229

the physically or mentally impaired, including the blind citizens of Georgia; to provide a statutory basis for a program of vocational rehabilitation of such persona; to provide that the same shall be administered by the State Board of Vocational Education.

SB 49.

By Senators Trotter of the 37th, Farrar of the 42nd, Ellard of the 31st:
A bill which provides for the punishment for one found guilty of the offense of involuntary manslaughter; and for other purposes.

SB 46. By Senator Millican of the 52nd:
A bill to propose an amendment to Article 13, Section 1, Paragraph 1, the submission of amendment to the constitution that affects only a county or counties, municipality or municipalities; and for other purposes.

SB 4.

By Senators Carlisle of the 7th, Rawls of the lOth, Holloway of the 13th:
A bill to provide for Georgia men and women in the military service of the U. S. to participate in elections and primaries; and for other purposes.

SB 2.

By Senator Rawls and others: A bill to establish a Civil Defense Agency; and for other purposes.

SB 21. By Senator Rawls and others: A resolution, the House concurring, on adjournment.

HB 12. By Messrs. Hand and Twitty of Mitchell:
A bill to prohibit groups of three or more persons from parading, assembling or gathering while masked; and for other purposes.

HR 46. By Messrs. Dicus and Hollis of Muscogee:
A resolution declaring the opposition of the General Assembly of Georgia to the system of socialized medicine.

HB 84. By Messrs. Smith and Duncan of Carroll:
A bill to amend the charter of the City of Villa Rica by extending the city limits llh miles to take in additional territory, and for other purposes.

HB 87. By Messrs. Twitty of Mitchell and Hadd of Mitchell:
A bill to amend an Act to provide for holding four terms a year of the Superior Court of Mitchell County, and for other purposes.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE,

HB 33. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to be known as the Uniform Support of Dependents 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 139, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 35. By Mr. Denton of Paulding:
A Bill to be entitled an Act to repeal an Act which shall provide that husband and wife shall be competent but not compellable to give evidence for or against the other in any criminal proceeding, and for other purposes.
Mr. Bell of Richmond moved that the bill be tabled.
On the motion, the ayes were 78, nays 40.
The bill was tabled.

HB 48. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act which provides for the members of the State Board of Health, to increase the members from 14 to 16, and provide that the Georgia State Nurses Association shall submit nominees for members to the Governor, and for other purposes.
The report 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 21.
The bill, having received the requisite constitutional majority, was passed.

Mr. Twitty of Mitchell moved that this House do now adjourn until 10:00 o'clock, A. M., tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., tomorrow morning.
0

TUESDAY, JANUARY 23, 1951

231

RepresentativeHall, Atlanta, Georgia, Tuesday, January 23rd, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. W. C. Chandler, Pastor, Savannah Primitive Baptist Church, Savannah, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 278. By Messrs. Hand of Mitchell, Murr and Burgamy of Sumter, Rogers of Heard and Stewart of Habersham: A Bill to be entitled an Act to create Vocational Trade School Building Authority, and for other purposes.
Referred to the Committee on State of Republic.
HB 279. By Mr. Kemp of Clayton: A Bill to be entitled an Act to amend an Act entitled "Same; compensation of Commissioners and Clerk for revising jury lists," and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 280. By Messrs. Hawkins of Screven and Langdale of Lowndes: A Bill to be entitled an Act to be known as the "Secondary Boycott Act";

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JOURNAL OF THE HOUSE,

to make it unlawful to cause injury or threaten to cause injury to one not a party to a labor dispute, etc., and for other purposes.
Referred to the Committee on Industrial Relations.

HB 281. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act to require the owners of a motor vehicle used for hauling passengers or freight for hire, to register such vehicle with the Commissioner of Motor Vehicles, to obtain a license therefor, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 282. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to the salary of the Secretary of the Georgia Public Service Commission, and for other purposes.
Referred to the Committee on State of Republic.

HB 283. By Messrs. Hale of Dade and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act so as to extend, fix and prescribe a right to redeem property sold under or in obedience to any execution issued for the collection of State, county, city, municipal or school taxes, or special assessments, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 284. By Messrs. Tarpley of Union, Twitty of Mitchell, Murr of Sumter and Overby of Hall.
A Bill to be entitled an Act to amend an Act relating to the punishment of the crime of rape, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 285. By Messrs. Bell, Graham and Holley of Richmond, Fears of Butts, Freeman of Monroe and many others:
A Bill to be entitled an Act to provide for the payment of not more than $2,000.00 per annum to each Solicitor-General for travel expenses, subsistence, clerical help, and other expenses, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 286. By Mr. Owens of Tift:
A Bill to be entitled an Act requmng all candidates for the General Assembly in counties having a population between 22,600 and 22,615 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.
Referred to the Committee on Counties and County Matters.

TUESDAY, JANUARY 23, 1951

233

HB 287. By Messrs. Groover, Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of West Point, and for other purposes.
Referred to the Committee on Municipal Government.

HB 288. By Messrs. Pickard, Hollis and Dicus of Muscogee:
A Bill to be entitled an Act to regulate and permit the practice of law by the Judges of the City Court of Columbus, and for other purposes.

Referred to the Committee on Municipal Government.

HB 289. Ry Messrs. Williams and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act providing for the creation of the office of Tax Commissioner of Cobb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 290. By Mr. Rowland of Johnson:
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 Johnson, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 291. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to create and incorporate the City of Lake City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 292. By Messrs. Groover, Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of West Point; to provide for zoning ordinances, and for other purposes.
Referred to the Committee on Municipal Government.

HB 293. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide that in all counties having a population of not less than 15,400 and not more than 15,825, the Tax Commissioner shall have the authority to appoint an assistant Clerk, and for other purposes.
Referred to the Committee on Counties and County Mattters.

HB 294. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act to change the fee system to the salary system in the County of Clayton, the Ordinary of said

234

JOURNAL OF THE HOUSE,

County; and for other purposes. Referred to the Committee on Counties and County Matters.

HB 295. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Lumpkin County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 296. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to correct a typographical error in the Caption of an Act relating to the charter of the City of Louisville, and for other purposes.
Referred to the Committee on Municipal Government.

HR 60-296a. By Mr. Tarpley of Union:
A Resolution proposing an amendment so as to provide for the division of Union County into school districts, and for other purposes.
Referred to the Committee on Amendments to the Constitution #2.

Mr. Alverson of Fulton County, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr. Speaker:

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

HB 246. Do Pass.

HB 247. Do Pass.

HB 237. Do Pass.

HB 240. Do Pass.

HB 273. Do Pass.

HB 272. Do Pass.

HB 276. Do Pass.

HB 274. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Adams of Evans County, Chairman of the Committee on Education # 2, submitted the following report:
Mr. Speaker:
Your Committee on Education #2 have had under consideration the following

TUESDAY, JANUARY 23, 1951

235

Resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
HR 47-216a. Do Pass. Respectfully submitted, Adams of Evans, Chairman.

Mr. Smith of Emanuel County, Chairman of the Committee on Interstate Cooperation, submitted the following report:
Mr. Speaker:
Your Committee on Interstate Cooperation 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 180. Do Pass. Respectfully submitted, Smith of Emanuel, Chairman.

Mr. Gillis of Treutlen County, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles have had under consideration the following Bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendation:
HB 19. Do Pass, as Amended. Respectfully submitted, Gillis of Treutlen, Chairman.

Mr. Bennett of Barrow County, Chairman of the Committee on Municipal Government, submitted the following report:

Mr. Speaker:

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

HB 214. HB 211. HB 232. HB 209.

Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted,

Bennett of Barrow, Chairman.

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JOURNAL OF THE HOUSE,

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker: Your Committee on State of Republic have had under consideration the fol-
lowing Bills and Resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 1. Do Pass. SB 3. Do Pass. SB 37. Do Pass. HB 98. Do Pass. HB 204. Do Pass. HB 205. Do Pass. HB 206. Do Pass. HB 207. Do Pass. HR 32-153b. Do Pass.
Respectfully submitted,
McCracken of Jefferson,
Chairman.

Mr. Matthews of Clarke County, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia have had under consideration the following Resolution of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 54-271c. Do Pass.
Respectfully submitted,
Matthews of Clarke,
Chairman.

Mr. Ray of Warren 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 5. Do Pass, by Substitute.
HB 45. Do Pass, by Substitute.

TUESDAY, JANUARY 23, 1951

237

HB 26. Do Pass, by Substitute. HB 41. Do Pass, by Substitute. HB 2. Do Pass, by Substitute, as Amended. HB 3. Do Pass, by Substitute.
Respectfully submitted, Ray of Warren, Chairman.

By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported were read the second time:
HB 5. By Messrs. Hand and Twitty of Mitchell, Gardner of Dougherty, Campbell of Oconee, Ray of Warren, Key of Jasper and Lewis of Hancock:
A Bill to be entitled an Act to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies, and for other purposes.
HB 41. By Messrs. Ray of Warren, Campbell of Oconee, Gowen of Glynn, Rogers of Heard, Twitty and Hand of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend Title 92 (Public Revenue) Motor Fuel Tax Law, and for other purposes.
HB 98. By Messrs. Overby of Hall, Lewis of Hancock, Hall of Toombs, Stevens of Marion, Murr of Sumter, Durden of Dougherty and Dorsey of White:
A Bill to be entitled an Act to create a Bill Drafting Unit as a part of the State Department of Law, and for other purposes.

HB 180. By Messrs. Claxton of Camden and Gowen of Glynn:
A Bill to be entitled an Act authorizing the construction by Fernandina Port Authority of toll roads in the State of Georgia, and for other purposes.

HB 204. By Messrs. Greer of Lanier and Hale of Dade:
A Bill to be entitled an Act to provide for Merit System of the State Treasurer, officials and employees, and for other purposes.

HB 205. By Messrs. Overby of Hall, Ray of Warren and Twitty of Mitchell.
A Bill to be entitled an Act to provide for Merit System of Department of Agriculture, officials and employees, and for other purposes.

HB 206. By Messrs. Smith of Emanuel, Lewis of Hancock, Ray of Warren, Twitty of Mitchell, Edenfield of Emanuel and Aycock of Jenkins:
A Bill to be entitled an Act to provide for Merit System for Secretary of State officials and employees, and for other purposes.

238

JOURNAL OF THE HOUSE,

HB 207. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to amend an Act known as the "Election Primary-Recount Provided Law", and for other purposes.

HB 209. By Messrs. Clark and Battles of Decatur:
A Bill to be entitled an Act to amend an Act to establish the City Court of Bainbridge, and for other purposes.

HB 211. By Mr. Hall of Toombs:
A Bill to be entitled an Act to amend the charter of the City of Vidalia, and for other purposes.

HB 214. By Mr. Hall of Toombs:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Vidalia, and for other purposes.
HB '232. By Mr. Owens of Tift:
A Bill to be entitled an Act to amend an Act to repeal the present charter of the City of Tifton, and for other purposes.

HB 237. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that no person, firm or corporation shall sell at either wholesale or retail, give away or distribute any fireworks in counties of a certain population.

HB 240. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act authorizing DeKalb County and the Governing authorities thereof to provide for the construction and maintenance of street, sidewalks and curbing and to levy assessments therefor, and for other purposes.

HB 246. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system for Clerks of the Superior Courts in counties of a certain population, and for other purposes.

HB 247. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to grant to the Commissioner of Roads and Revenue or other authority having charge of fiscal affairs to regulate and enforce zoning ordinances in counties of a certain population, and for other purposes.

HB 272. By Mr. Waldrop of Douglas:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Douglas County, and for other purposes.

TUESD-1\Y, JANUARY 23, 1951

239

HB 273. By Messrs. Bargeron and Cates of Burke:
A Bill to be entitled an Act to amend an Act to establish the City Court of Waynesboro, and for other purposes.

HB 274. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to provide for compensation for Coroners and Coroner's juries in counties of a certain population, and for other purposes.

HB 276. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to prohibit and regulate the sale of fireworks in certain counties, and for other purposes.

HR 32-153b. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Resolution to approve, confirm and ratify a certain lease agreement between the Western & Atlantic Railroad Commission acting for and on behalf of the State of Georgia and Peachtree-Whitehall, Inc. for the lease of the overhead rights over the W & A RR right-of-way, and for other purposes.

HR 47-216a. By Messrs. Best of Clay, Lavender of Elbert, Gardner of Dougherty,

Short of Colquitt and Musgrove of Clinch:



A Resolution to provide for a committee of eight, to make a thorough investigation of the administration and operation of the Education Department, and for other purposes.

HR 54-271c. By Messrs. Matthews of Clarke, Smith of Emanuel, Ray of Warren, Pittard of Clarke, Campbell of Oconee and Tamplin of Morgan:
A Resolution proposing an amendment to provide for the creation of a State Medical Education Board, and for other purposes.

SB 3.

By Senator Rawls of the lOth:
A Bill to be entitled an Act to amend the Employees Retirement System Act to provide commencement date, termination of membership, pension accumulation for State employees loaned to Federal Government, and for other purposes.

SB 37. By Senator Farrar of the 42nd and Senator Willingham of the 39th:
A Bill to be entitled an Act to amend an Act relating to apportionment of members of the House of Representatives, and for other purposes.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time.:

HB 208. By Messrs. Pittard and Matthews of Clarke:
A Bill to be entitled an Act requiring all candidates for the General Assembly in counties of a certain population designate and qualify for

240

JOURNAL OF THE HOUSE,

the seats 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 103, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 210. By Messrs. Williams and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act to change the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary of Cobb County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 212. By Mr. Musgrove of Clinch: A Bill to be entitled an Act to provide that the tax receiver in all counties of a certain population shall be paid from ad valorem school tax collected for the County Board of Education, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 213. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act to abolish the offices of Tax Collector and Tax Receiver of Wheeler County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 215. By Mr. Smith of Bryan:
A Bill to he entitled an Act to amend an Act which created the office of Tax Commissioner of Bryan County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the pa~~age of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 23, 1951

241

HB 216. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to provide for the disposition and application of fines and forfeitures arising in criminal cases in the Superior Courts and Ordinaries Traffic Courts in counties of a certain population, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 234. By Messrs. Pittard and Matthews of Clarke:

A Bill to be entitled an Act to prohibit and regulate within counties of 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

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 235. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that the county registrars shall prepare separate registered voters lists for each voting precinct in militia districts containing more than one precinct 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 236. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide through a Cadastral Survey, a field book system for real property identification and evaluation 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 238. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide for the examination for qualified Electrician, for the right to engage in said vocation, in counties of a certain population, and for other purposes.

242

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 239. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act providing for fees of Clerks 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 biii, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 241. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitloo an Act to amend an Act to provide that Coroners shall receive a salary in lieu of the fees allowed by law for holding 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 248. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to create a system of pensions and retirement 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 115, nays 0.
The biii, having received the requisite constitutional majority, was passed.

HR 49-248a. By Messrs. Bell, Holley and Graham of Richmond:
A Resolution authorizing the State Librarian to furnish to the Superior Court of Richmond County, certain enumerated volumes of the Georgia Supreme Court, the Court of Appeals, annotated Code of Georgia, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 116, nays 0.
The resolution, having receivoo the requisite constitutional majority, was passed.

TUESDAY, JANUARY 23, 1951

243

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

SB 2. By Senator Rawls of the lOth, Carlisle of the 7th, Connell of the 6th, Holloway of the 13th, Pittman of the 53rd and others:
A Bill to be entitled an Act relating to establishment of a Civil defense agency, and for other purposes.
Referred to the Committee on Military Affairs.

SB 4.

By Senators Carlisle of the 7th, Rawls of the lOth, Holloway of the 13th, Connell of the 6th, Mavity of the 44th, Pittman of the 53rd, and Branch of the 47th:

A Bill to be entitled an Act to provide for Georgia men and women in the Military Services of the United States to participate in elections and primaries, and for other purposes.

Referred to the Committee on Veterans Affairs.

SB 9. By Senator Rawls of the lOth, Carlisle of the 7th and many others:
A Bill to be entitled an Act to amend an Act so as to authorize the issuance of drivers license without cost to certain veterans, and for other purposes.
Referred to the Committee on Military Affairs.

SB 29. By Senators Harden of the 45th, Pittman of the 53rd and Dunn of the

8th:

.

A Bill to l)e entitled an Act to amend an Act which now makes it a misdemeanor to use dynamite or other explosives or destructive substances for the purpose of killing fish, and for other purposes.

Referred to the Committee on Game and Fish.

SB 33. By Senators Carlisle of the 7th, Gould of the 4th, Wilson of the 23rd, Drinkard of the 29th and others:
A Bill to be entitled an Act to create the State Office Building Authority; and for other purposes.
Referred to the Committee on State of Republic.

SB 34. By Senators Pittman of the 53rd, Hargreaves of the 5th, Deen of the 46th and others:
A Bill to be entitled an Act assenting to the provisions of the Act of Congress, entitled an Act to provide that the United States shall aid the States in fish restoration and management problems, and for other purposes.
Referred to the Co~mittee on Game and Fish.

SB 38. By Senators Stephens of the 50th: A Bill to be entitled an Act to amend an Act to supplement the salary

244

JOURNAL OF THE HOUSE,

of the Judge of the Superior Courts of the Western Circuit, and for other purposes.
Referred to the Committee on General Judiciary #2.

SB 39. By Senator Stephens of the 50th: A Bill to be entitled an Act to supplement the salary of the Solicitor General of the Western Judicial Circuit, and for other purposes.
Referred to the Committee on General Judiciary # 2.
SB 40. By Senator Harden of the 45th: A Bill to be entitled an Act to supplement the compensation now received by the Sheriff of Telfair County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 44. By Senators Strickland of the 38th, Coleman of the 18th and many others:
A Bill to be entitled an Act to recognize the existing system of Vocational Rehabilitation of the physically or mentally impaired, including the blind citizens of Georgia, and for other purposes.
Referred to the Committee on Education # 1.

SB 46. By Senator Millican of the 52nd:
A Bill to be entitled an Act to propose an amendment so as to authorize the submission of amendment to the Constitution that affects only a county or counties, municipality or municipalities, that are to be affected by the amendment, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

SB 49. By Senators Trotter of the 37th, Farrar of the 42nd and Ellard of the 31st:
A Bill to be entitled an Act to repeal an Act which provides for the punishment for one found guilty of the offense of involuntary manslaughter, and for other purposes.
Referred to the Committee on Special Judiciary.
Mr. Bennett of Barrow arose on a point 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 and read the third time:
HB 22 By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act relating to limited partnerships, and for other purposes.

TUESDAY, JANUARY 23, 1951

. 245

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 13. By Messrs. Hand and Twitty of Mitchell: A Bill to amend the Charter of the City of Pelham; and for other purposes.
HB 55. By Messrs. Murr and Burgamy of Sumter: A Bill to amend an Act to revise, amend and consolidate the City Charter of the City of Americus; and for other purposes.
HB 63. By Messrs. Scott and Willis of Thomas: A bill to amend the charter of the City of Thomasville; and for other purposes.
HB 58. By Messrs. Murr and Burgamy of Sumter: A bill to amend an Act entitled "An Act to establish the City Court of Americus"; and for other purposes.
HB 57. By Messrs. Murr and Burgamy of Sumter: A bill to amend an Act creating a Board of County Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene; and for other purposes.
HB 60. By Mr. Hopkins of Charlton: A bill to amend an Act to establish a New Charter for the City of Folkston; and for other purposes.
HB 61. By Messrs. Scott and Willis of Thomas: A bill to amend the Charter of the City of Thomasville; and for other purposes.
HB 62. By Messrs. Scott and Willis of Thomas: A bill to amend the Charter of the City of Thomasville; and for other purposes.

246

JOURNAL OF THE HOUSE,

HB 64. By Mr. Hopkins of Charlton:
A bill to amend the Charter of the City of Folkston; and for other purposes.

HB 65. By Mr. Hopkins of Charlton:
A bill to amend an Act creating a Board of County Commissioners of Roads and Revenues for the County of Charlton; and for other purposes.

HB 68. By Messrs. Murr and Burgamy of Sumter:
A bill to amend an Act creating a system of retirement for employees of the City of Americus; and for other purposes.

HB 70. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A bill vesting in the City of Columbus power to sell to the abutting owner on the west a part of Front Avenue in said City; and for other purposes.

HB 71. By Mt!ssrs. Hollis, Dicus and Pickard of Muscogee:
A bill amending the Charter of the City of Columbus; and for other purposes.

HB 72. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to abolish the offices of tax-receiver and tax-collector of Muscogee County, Georgia; and for other purposes.

HB 73. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to amend an Act approved in 1945 entitled 'an Act to provide that Muscogee Co., Ga. provide for a pension for present and future employees, etc." by increasing the benefits and payments specified in Section 5 thereof, and for other purposes".

HB 74. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to vest in the City of Columbus power and authority to close certain streets, and for other purposes.

HB 81. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to amend an Act fixing the salary of the Ordinaries in counties of a certain population, and for other purposes.

HB 88. By Messrs. Twitty and Hand of Mitchell:
A bill to ratify and confirm the ordinance of the Mayor and Council of the City of Camilla abandoning and closing that portion of the alley and/or street known as Stevenson Street; and for other purposes.

TUESDAY, JANUARY 23, 1951

247

HB 89. By Mr. Whitworth of Madison:
A bill to incorporate the City of Ila in the County of Madison, and to supersede and to repeal the Act incorporating the Town of Ila Acts of 1910; and for other purposes.

HB 123. By Mr. Owens of Tift:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues in the County of Tift, so as to pro~ide for an increase in salary of the members of said Board other than the Chairman; and for other purposes.

HB 125. By Mr. Deason of Stewart:
A bill to amend an Act approved in 1927, which Act created the office of Commissioner of Roads and Revenue of Stewart County, as amended by an Act approved March 9, 1943, so as to provide for the method of compensation of the clerk of the commissioner; to repeal conflicting laws; and for other purposes.

HB 126. By Mr. Deason of Stewart:
A bill amending the Act creating office of Tax Commissioner for Stewart County, and for other purposes.

HB 127. By Mr. Green of Cherokee:
A bill providing for the changing of time for holding Superior Court in Cherokee County, and for other purposes.

Under the regular order of business, the following bill of the House was again taken up for consideration:
HB 19. By Messrs. Overby of Hall, Abney of Walker, Langdale of Lowndes, Abney of Catoosa, Jones of Lumpkin, Covington of Floyd, Twitty of Mitchell, Tamplin of Morgan and others.
A Bill to_ be entitled an Act regulating traffic on streets and highways; to eff~ct a complete revision of all and singular the laws of this State, and for other purposes.
Mr. Twitty of Mitchell moved that further consideration of HB 19, be postponed until Tuesday, January 30th, 1951, and the motion prevailed.

Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
HB 37. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act prohibiting insurance companies organized and operating under the laws of this State from acquiring or holding more than ten percent of the securities of any single corporation, and for other purposes.

248

JOURNAL OF THE HOUSE,

The following Substitute to HB 37, was read: By Mr. Hollis of Muscogee:

A BILL
To be entitled An Act To amend Section 56-226 of the Code of Georgia, prohibiting insurance companies organized and operating under the laws of this State from acquiring or holding more than ten (10) per cent of the securities of any single corporation, by adding thereto a sentence as follows:
"Provided, however, nothing in this Section shall prevent the acquisition and ownership by any such insurance company of more than 10 o/o of the securities of any insurance company incorporated under the laws of the State of Georgia, upon approval by the Insurance Commissioner, and for other purposes."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by authority of the same:

SECTION 1.
That Section 56-226 of the Code of Georgia is hereby amended by adding at the end of said Section the following language, to-wit:
"Provided, however, nothing in this Section shall prevent the acquisiting and ownership by any such insurance company of more than 10% of the securities of any insurance company incorporated under the laws of the State of Georgia, upon approval by the Insurance Commissioner."
so that said Section as amended shall read as follows:
"No insurance company organized and doing business by virtue of the laws of this State shall acquire or hold more than 10 per cent of the securities of any single corporation; nor shall more than 10 per cent of the assets of any insurance company be invested in the securities of any single company or in securities issued by any single individual. Provided, however, nothing in this Section shall prevent the acquisition and ownership by any such insurance company of more than 10 per cent of the securities of any insurance company incorporated under the Laws of the State of Georgia, upon approval by the Insurance Commissioner."

SECTION 2.
That all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The Substitute to HB 37, was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 119, nays 0. The bill, having received the requisite constitutional majority, was passed, by substitute.

TUESDAY, JANUARY 23, 1951

249

HB 77. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the limit of loans by banks, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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

HB 9.

By Messrs. Tarbutton of Washington, Gowen of Glynn and Nightingale of Glynn:
A bill to authorize the Jekyll Island State Park Authority to enter into a contract for the building of a bridge across Jekyll Creek to be operated as a toll bridge; 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 78. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the incorporation of banks and to the examination and investigation by the Superintendent of Banks of application for bank charter, etc., and for other purposes.
Mr. Twitty of Mitchell moved that the House do now 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., this afternoon.
AFTERNOON SESSION
The Speaker called the House to order.
Further consideration of HB 78, was resumed.
The following amendments to HB 78, was read and adopted:
Nightingale of Glynn moves to amend HB 78 by striking the following words as they appear in the last sentence of Section One of said Bill "with the presumptions of fact and law in favor of the proper exercise of his discretion hereinabove conferred on the Superintendent of Banks", and inserting in lieu thereof a period. Mr. Wood of Bibb moves to amend HB 78 by striking the word "need" after the word "public" wherever the same appears and inserting in lieu thereof the word "convenience".

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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 15.
, The bill, having received the requisite constitutional majority, was passed, as amended.
Under the regular order of business, the following resolution of the House was taken up for the purpose of considering the unfavorable report of the Committee:
HR 14-89e. By Messrs. McGee, Page and Hood of Chatham:
A Resolution to provide for the appointment of a Committee to be called "Ports and Waterways Committee".
The report of the Committee was agreed to, and the resolution was lost.

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 92. By Mr. Alverson of Fulton:
A Bill to be entitlied an Act to authorize the Superintendent of the Milledgeville State Hospital to admit any patient over sixteen years of age who applies therefor, for observation, dfagnosis, etc., and for other purposes.
Mr. Gardner of Dougherty moved the previous question.
The following amendments to HB 92 were read and adopted:
Mr. Nightingale of Glynn moves to amend HB 92 and Section 3 thereof, by substituting the words "or" in lieu of the words "and" where the same occur at the end of the subparagraphs (1) and (2) of said Section of said bill.
Mr. Pittard of Clarke moves to amend HB 92, by changing the period at the end of Section 1 thereof to a comma and adding the words: "Provided a certificate of need of treatment shall be signed by a physician qualified to certify, that adequate facilities be available for such person and that the Superintendent of the State Hospital shall approve the admission."
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. Alverson of Fulton moved the ayes and nays, and the motion was lost.
On the passage of the bill, as amended, the ayes were 50, nays 75.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Alverson of Fulton gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 92.
Mr. Twitty of Mitchell moved that this House do now adjourn until 10:00 o'clock, A. M., and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, A. M., tomorrow morning.

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251

Representative Hall, Atlanta, Georgia. Wednesday, January 24th, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. F. H. Sills, Metter, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may call up any bill on the General Calendar in any
order that he desires.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 297. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation for injuries to person on property, etc., and for other purposes.
Referred to the Committee on Municipal Government.
HB 298. By Mr. Garrard of Wilkes:
A Bill to be entitled an Act to authorize the fixirig of the compensation of the physicians and attorneys at law who serve on a Commission of lunacy, and for other purposes.
Referred to the Committee on State of Republic.

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HB 299. By Mr. Garrard of Wilkes:
A bill to be entitled an Act to prohibit the possession of any malt beverage by any person, firm or corporation who is not a licensed dealer in such beverages, and for other purposes.
Referred to the Committee on Temperance.

HB 300. By Mr. Risner of Hart:
A Bill to be entitled an Act to appropriate $100,000.00 from the State Treasury to be used for the care, proper support, maintenance, and medical treatment of indigent children infected with tuberculosis under the age limits for hospitalization, and for other purposes.
Referred to the Committee on Appropriations.

HB 301. By Mr. Risner of Hart:
A Bill to be entitled an Act to pay a bonus to men and women that served in the Armed Forces of the United States of America that were at the time of their enlistment a bona fide resident of the State of Georgia, and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 302. By Messrs. Jordan of Wheeler, Langdale of Lowndes, Hilton of Montgomery and Gillis of Treutlen:
A Bill to be entitled an Act to amend an Act to abolish the Department of Forestry; to create a State Forestry Commission, and for other purposes.
Referred to the Committee on Conservation.

HB 303. By Mr. Overby of Hall:
A Bill to be entitled an Act to establish the Governor's Safety Coordinating Committee and to provide who shall compose its membership ; and for other purposes.
Referred to the Committee on State of Republic.

HR 61-303a. By Messrs. Johnson and Overby of Hall:
A Resolution to provide for a committee to consult with the officials of neighboring states for the purpose of developing and promoting the Poultry and Egg Industry of the State of Georgia, and for other purposes.
Referred to the Committee on General Agriculture #2.

HR 62-303b. By Messrs. Britton and Carr of Whitfield, Abney of Catoosa, Bell of DeKalb, and others:
A Resolution to provide for a committee to investigate the Administration of the University System of Georgia, etc., and for other purposes.
Referred to the Committee on University System of Georgia.

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253

HR 63-303c. By Mr. Harris of Wayne:
A Resolution to compensate Wilford T. Blanton for damages to personal property, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 64-303d. By Messrs. Murr and Burgamy of Sumter:
A Resolution to propose an amendment so as to permit the General Assembly to exempt from taxation accounts receivable and notes not representing credits secured by real estate; and for other purposes.
Referred to the Committee on Amendments to the Constitution # l.

HR 65-303e. By Messrs. Short of Colquitt, Duncan of Carroll and Langdale of Lowndes:
A Resolution to compensate C. B. Wilson for damages to his automobile, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 66-303f. By Messrs. Abney of Walker, Murr of Sumter, Groover of Troup, and others:
A Resolution to provide for a committee to investigate the administration of the Health Department, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 304. By Messrs. Cornelius and McKelvey of Polk:
A Bill to be entitled an Act to amend the Charter of the City of Cedartown, and for other purposes.
Referred to the Committee on Municipal Government.

HB 305. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Macon, and for other purposes.
Referred to the Committee on Municipal Government.

HB 306. By Messrs. Wheeler of Seminole, Baughman of Early, Best of Clay, Gary of Quitman and others:
A Bill to be entitled an Act to amend an Act to abolish the fee system now existing in the Superior Courts of the Pataula Judicial Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 307. By Messrs. Scoggin, Hall and Covington of Floyd:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, and for other purposes.

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Referred to the Committee on Municipal Government.

HB 308. By Messrs. Scoggin, Hall and Covington of Floyd:
A Bill to be entitled an Act to amend an Act to create a new charter and municipal government for the City of Rome; to define the corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.

HB 309. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to provide that a member of an executive Committee of any political party or organization which may nominate candidates for political office by primary or otherwise shall be ineligible to hold other public office etc., in counties having a population of more than 300,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 310. By Messrs. Hood and Page of Chatham:
A Bill to be entitled an Act to amend an Act to create and organize Commissioners of Chatham County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 67-310a. By Mr. Durham of Baker:
A Resolution requesting the State Librarian to furnish law books to the Ordinary of Baker County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 68-310b. By Mr. Hale of Dade:
A Resolution to authorize the State Librarian to furnish certain Supreme Court and Court of Appeals Reports to the officials of Dade County, and for other purposes.
Referred to the Committee on Counties and County Matters.

The following message was received from the Senate through Mr. Stewart, 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 27.

By Senator Williams of the 19th:
A bill to require insurance companies and fraternal benefit societies license year to run from July 1 to the next June 30th; to require all such licenses expiring March 1, 1951 to remain in force until June 30th, 1951, to be renewed on July 1; to fix the annual license fee of fraternal benefit societies at $300.00 instead of $40.00 and for other purposes.

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255

SB 42. By Senators Cornell of the 6th, Rawls of the lOth and others:
A bill to authorize and provide a contingent expense allowance, payable from the Treasury of the State of Georgia, for the Judge of the Superior Court of the Judicial Circuit of the State of Georgia; to provide for the method of paying said sum and the amount thereof to repeal conflicting laws; and for other purposes.

SR 6.

By Senators Rawls of the lOth, Connell of the 6th, Willingham of the 39th:
A Resolution proposing an amendment to the Constitution by inserting a new paragraph in Article V, Section 1 to be numbered IV (a), providing for the nomination of candidates of U. S. Senator, Governor, Lt. Governor, Attorney General, State School Superintendent, Comptroller General, and for other purposes.

Mr. Tarbutton of Washington 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 49. Do Pass.
HB 51. Do Pass.
Respectfully submitted,
Tarbutton of Washington,
Chairman.

Mr. Alverson of Fulton 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 275. Do Pass.
HB 277. Do Pass.
HB 294. Do Pass.
HB 293. Do Pass.
HB 289. Do Pass.
HB 286. Do Pass. HB 295. Do Pass.

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JOURNAL OF THE HOUSE,

HB 290. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education
# 1, submitted the following report:
Mr. Speaker:
Your Committee on Education # 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 153. Do Pass.
Respectfully submitted,
Duncan of Carroll,
Chairman.

Mr. Campbell of Oconee County, Chairman of the Committee on General
Agriculture # 1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture #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 31. Do Pass, by Substitute. Respectfully submitted,
Campbell of Oconee,
Chairman.

Mr. Rogers of Heard County, Chairman of the Committee on General Agriculture #2, submitted the following report: Mr. Speaker:
Your Committee on General Agriculture #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 152. Do Pass, by Substitute.
Respectfully submitted,
Rogers of Heard,
Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General
Judiciary # 1, submitted the following report:

WEDNESDAY, JANUARY 24, 1951

257

Mr. Speaker: Your Committee on General Judiciary # 1 have had under consideration
the following Bills and Resolutions of the House and Senate and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 101. Do Pass. HB 136. Do Pass. HB 268, Do Pass. HB 149. Do Pass. HB 172. Do Pass. HB 102. Do Pass. HB 271. Do Pass. HB 21. Do Not Pass. SB 13. Do Pass. SB 14. Do Pass. SB 15. Do Pass. HR 38-189E. Do Pass, as Amended.
Respectfully submitted, Gowen of Glynn, Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General Judiciary #2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #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 38. Do Pass. SB 39. Do Pass. HB 11. Do Not Pass. HB 46. Do Not Pass. HB 258. Do Pass. HB 100. Do Pass. HB 150. Do Not Pass. HB 203. Do Pass. HB 221. Do Pass. HB 223. Do Pass, by Substitute.

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JOURNAL OF THE HOUSE,

HB 225. Do Pass. HB 224. Do Pass. HB 230. Do Pass, as Amended. HB 233. Do Pass. HB 231. Do Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.

Mr. Rowland of Johnson County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations have had under consideration the following Bill of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 202. Do Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.

Mr. Smith of Emanuel County, Chairman of the Committee on Interstate Co-Operation, submitted the following report:
Mr. Speaker:
Your Committee on Interstate Co-operation have had under consideration the following Bills of the House and have instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 249. Do Pass.
HB 250. Do Pass. HB 251. Do Pass.
HB 253. Do Pass. Respectfully submitted,
Smith of Emanuel, Chairman.

Mr. Gillis of Treutlen 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 Bill of the House and has instructed me as Chairman, to report the

WEDNESDAY, JANUARY 24, 1951

259

same back to the House with the following recommendations: HB 220. Do Pass. Respectfully submitted, Gillis of Treutlen, Chairman.

Mr. Gillis of Treutlen 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 257. Do Pass, by Substitute.
Respectfully submitted,
Gillis of Treutlen,
Chairman.

Mr. Greer of Lanier County, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Public Welfare 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 6. Do Pass By Substitute.
Respectfully submitted,
Greer of Lanier,
Chairman.

Mr. Ray of Warren 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 4. Do Pass. HB 1"84. Do Not Pass.
Respectfully submitted,
Ray of Warren,
Chairman.

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JOURNAL OF THE HOUSE,

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examine'd the following Bills and Resolutions of the House and find them properly engrossed:
HB 32. HB 33. HB 48. HR 17-89h. HR 59. HB 22. HB 37. HB 77. HB 78. HB 208. HB 210. HB 212. HB 213. HB 215. HB 216. HB 234. HB 235. HB 236. HB 238. HB 239. HB 241. HB 248. HR 49-248a.
Respectfully submitted, Green of Rabun, Chairman.

Mr. Dorsey of White County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined the following Bills and Reso-

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261

lutions of the House, and finds the same properly enrolled: HR 16-89g. HB 82. Respectfully submitted, Dorsey of White, Chairman.

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

HB 6.

By Messrs. Twitty of Mitchell, Greer of Lanier, Bargeron of Burke, Byrd of Taylor and Lewis of Hancock:
A Bill to be entitled an Act to repeal an Act with reference to application of rates and schedules of tax collectors, and for other purposes.

HB 31. By Messrs. Campbell of Oconee, Tamplin of Morgan, Dally of Walton and Cates of Burke:
A Bill to be entitled an Act requiring purchasers of milk or dairy products on a butter fat basis to make bi-weekly butter fat tests, and for other purposes.

HB 49. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to private banks, and for other purposes.

HB 51. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the purchase and ownership of stocks, bonds and other investment securities by banks, and for other purposes.

HB 100. By Messrs. Freeman of Monroe and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to the cession to the United States, by deleting therefrom the provision that the State retains its civil and criminal jurisdiction over persons and citizens in the ceded territory, and for other purposes.

HB 101. By Messrs. Mackay, McWhorter and Bell of DeKalb, Twitty of Mitchell:
A Bill to be entitled an Act to provide for the creation of the office of Judge of the City Court Emeritus and the office of Solicitor, the City Court Emeritus, and for other purposes.

HB 102. By Messrs. Alverson and H. Smith of Fulton, Twitty of Mitchell and Gowen of Glynn:
A Bill to be entitled an Act to provide for and to prescribe proper edu-

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JOURNAL OF THE HOUSE,

cational standards of applicants for the bar examinations, and for other purposes.

HB 136. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to county board of Tax Assessors, and for other purposes.

HB 149. By Messrs. Hale of Dade, Nightingale of Glynn and Durden of Dougherty:
A Bill to be entitled an Act to amend an Act relating to the wife as feme sole as to her separate estate and prohibiting her from binding her separate estate by any contract of suretyship, and for other purposes.

HB 152. By Messrs. Tamplin of M01gan and Campbell of Oconee:
A Bill to be entitled an Act to provide that it shall be unlawful for any person using, any agricultural poison, to fail to destroy the container, and for other purposes.

HB 153. By Messrs. Duncan of Carroll, Murphy of Haralson and Hall of Floyd:
A Bill to be entitled an Act to establish a public school bus driver's contract, and for other purposes.

HB 172. By Mr. Langdale of Lowndes:
A Bill to be entitled an Act authorizing the appointment of an administrator de bonis non with will annexed upon application of interested persons in cases when the only qualified executor of a decedent's estate dies testate, and for other purposes.

HB 202. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to amend the Unemployment Compensation Law, by preserving experience rating of employees in the Armed forces, and for other purposes.
HB 203. By Messrs. Pittard and Matthews of Clarke, Clay of Bibb and Carr of Whitfield:
A Bill to be entitled an Act to provide for the annulment of marriages in certain instances, and for other purposes.
HB 220. By Messrs. Gowen and Nightingale of Glynn, Wood and Page of Chatham:
A Bill to be entitled an Act to authorize the Governor to remove from office any municipal or county arresting officer who operates or participates in the operation of a speed trap, and for other purposes.
HB 221. By Messrs. Gowen and Nightingale of Glynn and Adams of Upson.
A Bill to be entitled an Act to amend an Act relating to the expenses of proceedings of lunacy commissions, and for other purposes.

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263

HB 223. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act by providing that claim of lien must be filed for record within three months after the completion of the work, and for other purposes.

HB 224. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide a method of filling a vacancy in the office of Ordinary, and for other purposes.

HB 225. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act by providing that conditional bills of sale must be filed for record within thirty days from their date, and for other purposes.

HB 230. By Messrs. McWhorter, Mackay and Bell of DeKalb and H. Smith of Fulton:
A Bill to be entitled an Act to amend' an .Act by providing that in counties of .a certain population, the Clerks of the Superior Courts may provide separate index books and recording instruments affecting real estate and personal property, and for other purposes.

HB 231. By Messrs. McWhorter, Mackay and Bell of DeKalb and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act by providing that in all
counties having a certain population, it shall not be necessary for the
Clerk of the Superior Court to keep duplicate issue and motion dockets for the use of the bar, and for other purposes.

HB 233. By Messrs. Pittard and Matthews of Clarke:
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Atlanta; to provide for the territorial jurisdiction of the Civil Court of DeKalb County, and for other purposes.

HB 249. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Housing Cooperation Law", and for other purposes.

HB 250. By Messrs. Twitty and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Housing Authorities Law", and for other purposes.

HB 251. By Messrs. Hand and Twitty of Mitchell: A Bill to be entitled an Act to amend an Act entitled "Redevelopment Law", and for other purposes.
HB 253. By Messrs. Hand and Twitty of Mitchell: A Bill to be entitled an Act to validate and declare legal the creation

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JOURNAL OF THE HOUSE,

and establishment of housing authorities, all bonds, notes, contracts, agreements, obligations of housing authorities, and for other purposes.

HB 257. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to authorize the Public Service Commission to grant special permits to operate motor vehicles upon the public highways which are in excess of the limit provided for weight of motor vehicles, and for other purposes.

HB 258. By Messrs. Johnson of Hall, Vandiver of Bibb, Nightingale of Glynn and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to provide that a decree of registration shall operate to free the registered land from further registration unless otherwise expressly provided, and for other purposes.

HB 268. By Messrs. Dicus of Muscogee, Bentley of Cobb, Durden of Dougherty and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act relating to the grounds for the grant of the interpleader, etc., and for other purposes.

HB 271. By Messrs. Tumlin and Jones of Bartow, Smith of Emanuel, Scoggin of Floyd, Ray of Warren, Carr of Whitfield and many others.
A Bill to be entitled an Act to make provisions for the coverage of certain officers and employees of political subdivisions under the Federal Social Security Act, and for other purposes.

HB 275. By Mr. Coogle of Macon:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue for the County of Macon, and for other purposes.

HB 277. By Messrs. Scoggin, Hall and Covington of Floyd:
A Bill to be entitled an Act authorizing the Board of Commissioners of Roads and Revenues for Floyd County to establish rules for paying pensions to county employees, and for other purposes.

HB 286. By Mr. Owens of Tift:
A Bill to be entitled an Act requiring all candidates for the General Assembly in counties of a certain population to name their incumbent opponents; and for other purposes.

HB 289. By Messrs. Williams and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act providing for the creation of the office of Tax Commissioner of Cobb County, and for other purposes.

WEDNESDAY, JANUARY 24, 1951

265

HB 290. By Mr. Rowland of Johnson:
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 Johnson, and for other purposes.

HB 293. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide that in counties of a certain population, the Tax Commissioner shall have the authority to appoint an assistant Clerk, and for other purposes.

HB 294. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act to change the fee system to the salary system in the County of Clayton the Ordinary of said county; and for other purposes.

HB 295. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Lumpkin County, and for other purposes.

HR 38-189e. By Messrs. Burgamy of Sumter, Langdale and Register of Lowndes, Whitworth of Madison, Peacock of Dodge and Greene of Crisp and others.
A Resolution to provide for reimbursement to members of the General Assembly for certain expenses, and for other purposes.

SB 13. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Solicitor-General Emeritus, and for other purposes.

SB 14. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act to incorporate the Ocean Steamship Company of Savannah, and for other purposes.

SB 15.

By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act authorizing counties, cities, towns, etc., to issue revenue anticipation certificates, and for other purposes.

SB 38. By Senator Stephens of the 50th:
A Bill to be entitled an Act to amend an Act to supplement the salary of the Judge of the Superior Courts of Western Circuit, and for other purposes.

SB 39. By Senator Stephens of the 50th:
A Bill to be entitled an Act to supplement the salary of the Solicitor General of the Western Judicial Circuit, and for other purposes.

266

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 232. By Mr. Owens of Tift:
A Bill to be entitled an Act to amend an Act to repeal the present charter of the City of Tifton, and for other purposes.
The report 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 272. By Mr. Waldrop of Douglas: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Douglas County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 273. By Messrs. Bargeron and Cates of Burke: A Bill to be entitled an Act to amend an Act to establish the City Court 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 211. By Mr. Hall of Toombs:
A Bill to be entitled an Act to amend the charter of 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.
HB 214. By Mr. Hall of Toombs:
A Bill to be entitled an Act to amend an Act providing for 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.

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267

HB 276. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to prohibit and regulate the sale of fireworks in certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 274. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to be entitled an Act to provide for compensation for Coroners and Coroner's juries 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 209. By Messrs. Clark and Battles of Decatur:
A Bill to be entitled an Act to amend an Act to establish the City Court of Bainbridge, and for other purposes.
The report 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 237. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to provide that no person, firm or corporation shall sell at either wholesale, or retail or give away fire works 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 240. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act authorizing DeKalb County and the governing authorities thereof to provide for the construction and maintenance of street, sidewalks and curbing and to levy assessments therefor, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority was passed.
HB 246. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system for Clerks of the Superior Courts 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 bill, having received the requisite constitutional majority, was passed.
HB 247. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to grant to the Commissioner of Roads and Revenue or other authority having charge of fiscal affairs in counties of a certain population, to regulate zoning laws in the county, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SR 6. By Senator Rawls of the lOth and many others:
A Resolution proposing an amendment providing for the nomination of candidates for U. S. Senator, Governor, Lt. Governor, Secretary of State, the Attorney General, State School Superintendent, Comptroller General, and for other purposes.
Referred to the Committee on State of Republic.
SB 27. By Senator Williams of the 19th:
A Bill to be entitled an Act to require insurance companies and fraternal benefit societies to run from and including July 1 to and including the next following June 30, instead of from January 1 or within 60 days thereafter to said date each year, as at present, etc., and for other purposes.
Referred to the Committee on Insurance.
SB 42. By Senators Cornell of the 6th, Rawls of the lOth, Carlisle of the 7th and Willingham of the 39th:
A Bill to be entitled an Act to authorize and provide a contingent expense allowance for the Judges of the Superior Courts of the Judicial Circuits of the State of Georgia; and for other purposes.
Referred to the Committee on General Judiciary #2.

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By unanimous consent, the following Bill of the House was withdrawn from the Committee on Counties and County Matters and recommitted to the Committee on General Judiciary #2.

HB 262. By Messrs. Pittard and Matthews of Clarke:
A Bill to be entitled an Act to provide an alternative method by which county lines can be changed, and for other purposes.
Mr. Alverson of Fulton moved that the House reconsider its action in failing to pass the following Bill of the House:

HB 92. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to authorize the Superintendent of the Milledgeville State Hospital to admit patients on a voluntary basis for observation, diagnosis, etc., who are over 16 years of age and who are mentally ill or has symptoms, and for other purposes.
The motion to reconsider prevailed and HB 92 was placed at the foot of the calendar to follow HB 207.

By unanimous consent, the following Bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the Committee:
HB 46. By Messrs. Twitty of Mitchell, H. Smith and Alverson of Fulton, Overby of Hall, Lewis of Hancock and Greer of Lanier:
A Bill to be entitled an Act to levy a privilege tax upon recording of certain documents, and for other purposes.

The following Resolution of the House was read and ordered to lay on the table for one ( 1) day:

HR 69.

By Mr. Freeman of Monroe: A Resolution calling on the Attorney General of Georgia to furnish the amount of salary paid to the Solicitors General in the several judicial circuits of this State, and for other purposes.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 41. By Messrs. Ray of Warren, Campbell of Oconee, Gowen of Glynn, Rogers of Heard, Twitty and Hand of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend Title 92 (Public Revenue) Motor Fuel Tax Law, and for other purposes.

The following Committee Substitute to HB 41, was read:
A BILL To be entitled an Act to amend An Act entitled An Act to amend An Act known as the Motor Fuel Law (Ga. Laws 1937, pp. 167-207), as

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amended, Code Section 92-1403 of the 1933 Code of Georgia, by striking the word "seven" and the figures "(0.07)" and "14" in subsections a, e, h (6), and substituting in lieu thereof the word "six" and the figures " (0.06)" and "12"; by providing the period for which this law shall remain in force; to provide an effective date for this Act; to repeal all laws in conflict with this Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

SECTION 1.
That the Act entitled "An Act to amend An Act known as the Motor Fuel Tax Law" (Ga. Laws 1937, pp. 167-207) as amended, Code Section 92-1403 of the 1933 Code of Georgia, be amended by striking the word "seven" and the figures "(0.07)" and "14" in subsections a, e, h (6), and substituting in lieu thereof the word "six" and the figures "(0.06)" and "12", so that said subsections as amended will read as follows:
"(a) Upon the sale or use of motor fuel by them within this State, at the rate of six (0.06) cents per gallon."
"(e) Provided further, that the six (0.06) cents per gallon tax on the sale or use of motor fuel shall not be imposed upon the sale of kerosene or any other petroleum products with a flash of more than 100 Fahrenheit, or with an initial boiling point of 200 Fahrenheit, or over (as determined by the distillation tests prescribed by the Bureau of Mines of the United States Government for gasoline), when such products are sold for use otherwise than as a fuel for the propulsion of motor vehicles on the public highways."
"h (6) In addition to all other penalties provided by this Chapter and in Chapter 92-99 for violation of the terms and provisions of this Chapter, any person, firm, or corporation that may import benzol into the State under a permit granted by the Comptroller General in accordance with and pursuant to the provisions of this division of this section, who violates any of the terms and provisions under which benzol is permitted to be brought into the State without payment of the tax of six (0.06) cents per gallon, shall be liable for a tax of 12 cents per gallon upon the entire shipment of the benzol involved, and the Comptroller General or his successors shall have the right to enforce the payment of said 12 cents per gallon as a tax on the entire shipment of such benzol under the bond filed by the importer in order to obtain such permit."
SECTION 2.
Be it further enacted by the authority aforesaid that this Act shall become effective June 30, 1951.

SECTION 3. Be it further enacted that all laws and parts of laws in conflict

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with this Act be and the same are hereby repealed.
The Committee Substitute to HB 41, was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 141, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 26. By Messrs. Clary of McDuffie, Overby of Hall, Adams of Brantley, Key of Jasper, Edenfield of Emanuel and Garrard of Wilkes:
A Bill to be entitled an Act to regulate the making and manufacturing and selling of domestic and foreign wines and for licensing of retail and wholesale dealers and wineries, and for other purposes.

The following Committee Substitute to HB 26, was read:
A BILL
To be entitled an Act to amend an Act approved March 23, 1935, entitled "An Act to provide for license and excise taxes upon the business of dealing in malt beverages; to allocate funds derived from such taxes; to provide for the enforcement of this Act; to repeal laws in conflict with this Act; and to provide for the holding of an election to ratify or reject this Act; and for other purposes," as amended by the Act approved March 30, 1937, appearing in printed Georgia Laws of 1937, pages 148 to 154 inclusive, and as further amended by Act approved December 13, 1937, appearing in Georgia Laws Extra Session 1937-1938, pages 173 and 174, and as further amended by Act approved March 24, 1939, appearing in Georgia Laws, 1939, pages 101 to 103, inclusive, and as further amended by Act approved, July 30, 1949, appearing in Georgia Laws, 1949, Extra Session, page 5, et seq., by striking the figures "-$9.00" in line three, section five, as amended by the Act approved March 24, 1939, and as amended by the Act approved July 30, 1949, and inserting in lieu thereof the figures "-$4.50," and striking the word "four" in line eleven, said section as amended, and inserting in lieu thereof the word "two"; to reduce the excise taxes upon domestic wines, foreign wines, and domestic and foreign fortified wines; to provide for the effective date of this Act; 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 GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
Section 1. That the Act of the General Assembly of Georgia, approved on the 23rd of March, 1935, entitled "An Act to Provide for License and Excise Taxes upon the business of Dealing in Malt Beverages," etc., appearing in printed Georgia Laws of 1935, pages 73 to 81 inclusive, as amended by the Act approved March 30, 1937, appearing in printed Georgia Laws of 1937, pages 148 to 154 inclusive, and as further amended by Act approved December 13, 1937, appearing in Georgia Laws Extra Session 1937-38, pages 173 and 174; and as

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further amended by Act approved March 24, 1939, appearing in Georgia Laws 1939, pages 101 to 103 inclusive, and as further amended by Act approved July 30, 1949, appearing in Georgia Laws 1949, page 5, et seq., be and the same is hereby amended by striking the figures "$9.00" in line three, section five, as amended by the Act approved March 24, 1939, and as amended by Act approved July 30, 1949, and inserting in lieu thereof the figures "4.50", and by striking the word "four" in line eleven, said seceion as amended, and inserting in lieu thereof the word "two", so that said section as amended will read as follows:
"Section 5. Be it further enacted by the authority aforesaid that there is hereby imposed upon the business of selling malt beverages an excise tax in the sum of $4.50 for each container sold as hereinafter specified, containing not more than 31 gallons and at a like rate for fractional parts, where the beverage is sold in or from a barrel or bulk container, such beverage being commonly known as tap or draft beer, and where the beverage is sold in bottles, cans or other containers, and not sold in or from a barrel or bulk container as above specified, there is hereby imposed upon the business of selling malt beverages an excise tax in the amount of two cents for each twelve ounces or proportionally thereof, so as to graduate the tax on bottles or cans of various sizes. Provided, there shall be no excise tax on sales of malt beverages sold to persons outside of this State, for resale or consumption outside of this State, nor upon sales of malt beverages sold to stores or canteens located on United States Army post or reservations. There shall be paid by every brewer, wholesale dealer and retail dealer the following annual State License tax or registration fees:
For brewers ..........................................................$1,000.00
For wholesale dealers.............................................. 500.00
For retail dealers.................................................... 10.00
Said fees shall be paid on each place of business operated and shall be paid to the State Revenue Commissioner when such brewer, wholesale dealer or retail dealer enters business, and annually thereafter, so long as such business is operated and conducted."
Section 2. That an Act approved March 30, 1937 (Ga. Laws 1937, p. 851), which Act relates to the manufacture, sale and taxes of wine, as amended by an Act approved February 16, 1938 (Ga. Laws Ex. Sess. 1937-38, p. 185), and as further amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 234), and as further amended by an Act approved July 30, 1949 (Ga. Laws 1949, Extra Session, p. 5, et sec.), is hereby amended by striking in its entirety Section 3 of the said Act of 1937, and substituting in lieu thereof a new section to be numbered Section 3 which shall read as follows:
"Section 3. The following taxes shall be levied and collected on all wines manufactured, sold, possessed, or offered for sale within the State:
(a) On domestic wines having an alcoholic strength of not more than 14o/o alcohol by volume-five cents per gallon. Domestic wines are hereby defined and declared to be those wines manufactured wholly within this State and from fruits and berries grown only within the State of Georgia and produced by natural fermentation.

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(b) On foreign wines having an alcoholic strength of not more than 14 '7o alcohol by volume-fifty cents per gallon. Foreign wines are hereby defined and declared to be wines which are imported in whole or in part in the State of Georgia, or manufactured in the State of Georgia from products imported in whole or in part from without the State of Georgia and produced by natural fermentation.
(c) On foreign wines, whether fortified or not, having an alcoholic strength of more than 14% alcohol by volume-one dollar per gallon. On domestic wines, whether fortified or not, having an alcoholic strength of more than 14% alcohol by volume-fifty cents per gallon.
Section 3. Be it further enacted by the Authority aforesaid that this Act shall become effective June 30, 1951.
Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act, be, and the same are, hereby repealed.

The following amendment to the Committee Substitute to HB 26, was read and adopted :
Mr. Gowen of Glynn moves to amend Committee Substitute to HB 26 by adding a new section to be numbered 3a and to read as follows:
"This Act shall not repeal any tax liability which has accrued or which may accrue before the effective date of this Act".
The Committee Substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 134, nays 3.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Resolution of the House was read and adopted:
HR 70. By Messrs. Tumlin of Bartow and Smith of Emanuel:
A Resolution congratulating Honorable Dan Fears of Butts County, upon the birth of a baby daughter and to excuse for being absent without leave, 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 5. By Messrs. Hand and Twitty of Mitchell, Gardner of Dougherty, Campbell of Oconee, Ray of Warren, Key of Jasper and Lewis of Hancock.
A Bill to be entitled an Act to amend an Act to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies, and for other purposes.

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The following Committee Substitute to HB 5, was read:

A BILL
To be entitled an Act to amend that certain Act of the General Assembly of Georgia approved March 30, 1937, and entitled "An act to repeal Part 3, cigars and cigarettes, Chapter 92-22, in general, of the 1933 Code of Georgia (Acts 1931, Extra Session, p. 11-24 inclusive) in its entirety; to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; to provide for the collection of the same; to require the use of stamps as evidence of payment thereof; to provide against evasion of the tax; to provide for rules and regulations on that subject; to provide for licensing for the various classifications of dealers in these articles; to provide for the fees of issuing said licenses; and for the regulation of their business in aid of the enforcement of the tax; to provide penalties and punishment; to provide for seizure. forfeiture and the sale of contraband goods of articles held, owned and possessed in violation of this act; and for the filing and trial and settlement of claims respecting the same; to provide for monthly reports of wholesalers and jobbers; to appropriate the fund derived from the operation of this Act; and for other purposes, as amended, by the Act approved July 30, 1949, and found in Georgia Laws 1949, Extra Session, page 8, et seq., by striking therefrom the increased temporary schedule of rates imposed by said Act approved July 30, 1949 and restoring the original rates imposed by the Act approved March 30, 1937, and by amending Section 12 of the said Act approved March 30, 1937, as amended by striking the same in its entirety and inserting in lieu thereof a new Section 12, providing for a discount to any person, firm, corporation, or association of persons, who purchase tobacco stamps; to provide an effective date for this Act; to repeal conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
Section 1. That Section 1 of the Act of the General Assembly of Georgia approved March 30, 1937, published Georgia Laws of 1937, pages 83-109 inclusive, levying a license tax on dealers in cigars, cigarettes, cheroots, stogies, or any substitutes therefor, and generally known as the Cigar and Cigarette License Tax Act, as amended bv the Act approved July 30, 1949, and found in Georgia Laws 1919, Extra Session, page 8, et seq., be and the same .is hereby amended jn the following particulars, to wit:
A. By striking the words and figures hereafter set out in Section 1 of the Act of the General Assembly of Georgia, approved March 30, 1937 (Ga. Laws, p. 83-109, inclusive), as amended by the Act approved July 30, 1949, in the following manner:
1. By striking the word and figures "one dollar and ten cents ($1.10)" in lines three and four of subsection (b) of said section of said Act, and substituting in lieu thereof the words and figures "one ($1.00) ";
2. By striking the word and figures "two dollars and twenty cents ($2.20)" in line four, paragraph (c), Section 1 of said Act, and substituting in lieu thereof the words and figures "two ($2.00)";

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3. By striking the words and figures "three dollars and thirty cents ($3.30)" in line four of subparagraph (d), Section 1, of said Act, and substituting in lieu thereof the words and figures "three ($3.00)";
4. By striking the words and figures "five dollars and fifty cents ($5.50) ", in line four of paragraph (e), Section 1 of said Act, and substituting in lieu thereof the word and figures "five ($5.00)";
5. By striking the words and figures "eleven dollars ($11.00)", line four, subparagraph (f) of Section 1 of said Act and substituting in lieu thereof the word and figures "ten ($10.00) ";
6. By striking the words and figures "fifteen dollars ($15.00)", lines three and four of subparagraph (g), Section 1 of said Act, and substituting in lieu thereof the words and figures "thirteen dollars and fiftycents ($13.50)";
B. By striking the words and figures "two and one-half ( 2lh) " in the fourth line of paragraph (h), of Section one (1), on page 85 and substituting in lieu thereof the words and figures "one and onehalf (1%)".
C. By striking the word and figure "four ( 4)" in the fourth line of paragraph (1) of Section one (1), on page 85, and substituting in lieu thereof the word and figure "three (3) ".
D. By striking the word and figure "seven ( 7)" in lines three and four of paragraph (j) of Section one (1), on page 86, and substituting in lieu thereof the word and figure "six (6) ".
E. By striking the word and figures "three (0.03)" in line five, paragraph (p), Section one (1), page 87, and substituting in lieu thereof the word and figures "two (0.02)"; and by striking the word and figures in lines seven and eight "five (0.05)" and substituting in lieu thereof the word and figures "three (0.03)".
F. By striking the word and figures "seven (0.07)" in lines five and six of paragraph (q), Section one (1), page 87, and substituting in lieu thereof the word and figures "five ($0.05) ", and by striking the word and figures "twelve ($0.12)" in line eight of said paragraph and substituting in lieu thereof the word and figures "ten ($0.10)",
So that said Section one (1) when and as amended shall read and be as follows:
Section 1. That in addition to all other taxes of every kind now imposed by law and which are not specifically repealed by this chapter, every person, firm, corporation, club or association, within the State of Georgia, who sells and/or stores and/or receives for the purpose of distribution to any person, firm, corporation, club or association within the State of Georgia, cigars, cheroots, stogies, cigarettes, or any substitute therefor, either or all, shall pay to the State of Georgia, for State purposes only a license or privilege tax which shall be measured by and graduated in accordance with the volume of sales of such person, firm, corporation, club or association in Georgia. There is hereby levied license or privilege taxes on articles containing tobacco enumerated in this Act the following amounts:
(a) Litttle Cigars. Upon Cigars of all descriptions made of tobacco or any substitute therefor, and weighing not more than three (3)

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pounds per thousand, one ($0.01) cent for each ten (10) cigars, or fraction thereof.
(b) Cheroots, stogies. Upon cigars of all descriptions made of tobacco or any substitute therefor, retailing for three and one-third ($0.3-1/3) cents each or less, one ($1.00) dollar per thousand.
(c) Cigars. Upon cigars ofall descriptions made of tobacco, or any substitute therefor, retailing for more than three and one-third ($0.03-1/3) cents each and not more than five ($0.05) cents each, two ($2.00) dollars per thousand.
(d) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than five ( $0.05) cents and not exceeding eight ($0.08) cents, three ($3.00) dollars per thousand.
(e) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than eight ($0.08) cents each and not exceeding ten ($0.10) cents each, five ($5.00) dollars per thousand.
(f) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than ten ($.10) cents each and not exceeding twenty ($0.20) cents each, ten ($10.00) dollars per thousand.
(g) Cigars. Upon cigars of all descriptions made of tobacco, or any substitute therefor, retailing for more than twenty ($0.20) cents each, thirteen dollars and fifty cents ($13.50) per thousand.
(h) Cigarettes. Upon all cigarettes made of tobacco, or any substitute therefor, three inches long or less and weighing not more than three (3) pounds per thousand, one and one-half (1"h) mills on each such cigarette.
(i) Cigarettes. Upon all cigarettes made of tobacco, or any substitute therefor, over three inches long and less than six inches long, weighing not more than six (6) pounds per thousand, three (3) mills on each such cigarette.
(j) Cigarettes. Upon all cigaretttes made of tobacco, or any substitute therefor, more than six inches long and not weighing more than six (6) pounds per thousand, six ( 6) mills on each such cigarette.
(k) Whenever in this Act reference is made to any manufactured tobacco products, manufactured or imported to sell at a certain price, as the basis for computing the tax, it is intended to mean the ordinary, customary or usual price paid by the consumer for each individual cigar, package of cigarettes or any other tobacco products taxable under this chapter.
( 1) When the retail or selling price is referred to in this Act as the basis for computing the amount of stamps required on any article it is intended to mean the retail or selling price of the article before adding the amount of the tax.
(m) When any article or commodity subject to tax in this Act are given as prizes on punch boards, shooting galleries, premiums, etc., the tax shall be based on ordinary selling price for each article.

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(m-1) The amount of the tax levied upon the receipt, possession, use and consumption of tobacco products affected by the terms of said Act as amended shall be the same and computed on the same basis as would be the case if tobacco products of the same kind were sold or offered for sale in this State by a wholesale or retail dealer and as particularly set out in subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), and ( 1) of said Act or this amendment thereto and shall be paid through the use of stamps as provided in subdivision (n) of said Act and the levy and collection of such tax shall be subject to the provisions of subdivisions (o), (p) and (q) of said original Act.
(n) The tax herein levied shall be paid through the use of stamps herein provided for. Stamps in the denomination to the amount of the tax shall be affixed to the box or other container from or in which tobacco products taxed by this Act are normally sold at retail. The stamps shall be affixed in such a manner that their removal will require continued application of water or steam; and, in case of cigars, cheroots and like manufactured tobacco products, where sales are made from the original container, the stamps shall be affixed to the box or container in such a way that the stamps shall be torn into or mutilated when such containers or boxes are opened for the sale of the tobacco products. In the case of cigarettes, and like products, sold by retail in packages, the required amount of stamps to cover the tax shall be affixed to each individual package or container. All taxable tobaccos herein enumerated, when offered for sale, either at wholesale or retail, without having stamps affixed in the manner set out in this Act, shall be subject to confiscation, in the manner provided for contraband goods as set out in this Act.
(o) The description of tobacco products contained in subsections (h) to (j) of Section 1 of this Act are hereby declared to be standard as to dimensions and weights for taxing purposes as provided in this Act and should any cigarettes be stored, sold or offered for sale or given away of a size or weight other than the standard dimensions and weights set out in this Act, the same shall be taxed at the rate of one cent for each such cigarette.
(p) Provided, further, that where cigarettes described in subsection (h) of Section 1 of this Act, are packed in varying quantities of less than twenty (20) cigaretttes, the following rates shall govern: Packages containing ten ( 10) cigarettes or less shall require a two ($0.02) cent stamp; packages containing more than ten and not to exceed twenty (20) cigarettes, shall require a three ($0.03) cent stamp.
(q) Provided, further, that where cigarettes described in subsection (i) and subsection (j) of Section 1 of this Act, are packed in varying quantities of less than twenty (20) cigarettes, the following rates shall govern: Packages containing ten (10) cigarettes or less shall require a five ($0.05) cent stamp; packages containing more than ten ( 10) cigarettes and not to exceed twenty ( 20) cigarettes shall require a ten ($0.10) cent stamp.
(r) Provided further that any nonresident of this State en route through the State, either in automobile or on common carrier, from a State which does not levy any license or tax upon the sale or use of cigars and cigarettes, may have in his possession for his own use or consumption as many as four packages of not exceeding twenty cigarettes

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each and as many as twenty-five cigars and this provision shall likewise apply to a non-resident of the State of Georgia coming into said State to reside temporarily and such person may likewise have in his possession the quantity of untaxed cigars and/or cigarettes allowed for non-residents passing through the State of Georgia as herein provided.
(s) Provided further that a resident of this State going out of the State to sojourn temporarily and returning thereto may have in his possession for his own use or consumption as many as two packages of not exceeding twenty cigarettes each and ten cigars without having affixed thereto the stamps provided and required by this Act to be affixed thereto, but a possession of a larger quantity of cigars or cigarettes by a resident of this State, temporarily sojourning in another State and returning to this State shall be a violation of this Act, and, upon conviction, such person shall be punished as for a misdemeanor.
Section 2. That the Act approved March 30, 1937, and found in Georgia Laws 1937, page 83, et seq., entitled, "An Act to repeal Part 3, Cigars, Cigarettes, Chapter 92-22, in general, of the 1933 Code of Georgia (Acts 1931, Extra Session, Pages 11 to 24, inclusive) in its entirety; to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; to provide for the collection of the same; to require the use of stamps as evidence of payment thereof; to provide against evasions of the tax; to provide for rules and regulations on that subject; to provide for licensing for the various classifications of dealers in these articles; to provide for the fees of issuing said licenses; and for the regulation of their business in aid of the enforcement of the tax; to provide penalties and punishment; to provide for seizure, forfeiture and the sale of contraband goods of articles held, owned and possessed in violation of this Act, and for the filing and trial in settlement of claims respecting the same; to provide for monthly reports for wholesalers and jobbers; to appropriate the funds derived from the operation of this Act and for other purposes.", and all Acts amendatory thereto is hereby amended by striking Section 12 of said Act in its entirety, which section provides for discounts allowed for handling stamps and inserting in lieu thereof a new Section 12 to read as follows:
Section 12. Discounts allowed for Handling Stamps. The State Revenue Commissioner is hereby authorized and directed to have prepared and distributed stamps suitable for denoting the tax on all articles enumerated herein. Any person, firm, corporation or association of persons, other than the State Revenue Commissioner, who sells tobacco tax stamps, not affixed to tobacco sold and delivered by them, whether the said stamps be genuine or counterfeit, shall be guilty of a felony and punishable as set out in Section 18 (a) of this Act. When any person, firm, corporation, or association of persons desire to purchase stamps as prescribed herein for use on taxable tobacco sold and delivered by them, the State Revenue Commissioner shall allow on such sales of tobacco tax stamps the following discount:
On a sale of $100 or over and less than $200.00, a discount of 3% on the entire amount of the sale; on a sale of $200 or more, a discount of 5% on the entire amount of the sale.
Every person, firm, corporation or association of persons purchasing stamps as described herein, shall be required to make a full and complete accounting on or before the tenth of each month for all stamps

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used on taxable tobaccos during the preceding month. Every person, firm, corporation, or association of persons refusing or failing to comply with this Section shall forfeit the commission or discount on stamps purchased in the future.
Section 3. Be it further enacted by the authority aforesaid thai this Act shall become effective June 30, 1951.
Section 4. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
The Committee Substitute to HB 5, was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 136, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the Clerk was directed to change "5%" in Paragraph 3, Section 2 to "10%" in HB 5.

The following message was received from the Senate through Mr. Stewart, 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 5.

By Senators Carlisle of the 7th, Rawls of the lOth, Holloway of the 13th, Connell of the 6th and Pittman of the 53rd:
A bill to amend an Act approved February 26, 1937, known as the "Aid to the Blind Act"; and for other purposes.

SB 6.

By Senators Rawls of the lOth, Pittman of the 53rd, Mavity of the 44th, Carlisle of the 7th and Gould of the 4th:
A bill to amend an Act approved February 17, 1950, entitled "An Act to provide for the leasing of the overhead of underground rights or property not useful for railroad purposes, of the Western-Atlantic Railroad; and for other purposes.

SB 8.

By Senators Rawls of the lOth, Connell of the 6th, Mavity of the 44th, Carlisle of the 7th, Pittman of the 53rd, Dunn of the 8th and Branch of the 47th:
A bill to establish a program of assistance to the totally and permanently disabled; and for other purposes.

SB 11. By Senators Rawls of the lOth, Pittman of the 53rd, Mavity of the 44th, Connell of the 6th, Carlisle of the 7th, Dunn of the 8th, Branch of the 47th and Coffin of the 12th:
A bill to amend an Act approved Feb. 25, 1949, which Act is known as the "Voters' Registration Act"; and for other purposes.

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SB 41.

By Senators Hargreaves of the 5th, Connell of the 6th, Rawls of the 1Oth, Carlisle of the 7th and Grayson of the 1st:
A bill to amend Section 113-1523 of the Code of Ga. 1933, which Section relates to the continuance of business of a deceased by an administrator; and for other purposes.

SB 51.

By Senators Mashburn of the 33rd, Lancaster of the 28th, and Wall of the 9th:
A bill to transfer duties, powers, etc. of the Public Welfare Dept. pertaining to services for crippled children to the State Department of Public Health; and for other purposes.

SB 55.

By Senators Bray of the 36th, Ellard of the 31st, Wilson of the 23rd and Duncan of the 34th.
A bill to authorize the Governor to fix the compensation of the Director of Entomology; and for other purposes.

SB 56. By Senator Mashburn of the 33rd:
A bill to amend the Premarital Examination Law; and for other purposes.

SB 53.

By Senators Hagan of the 17th, Mallory of the 25th, Bray of the 36th, Wilson of the 23rd, Williams of the 49th, and others:
A bill recognizing alcoholism as an illness and a public health problem; creating the Georgia Commission on Alcoholism; and for other purposes.

SR 31.

By Senator Edenfield of the 2nd:
A 1esolution appointing a Committee from the Senate and House to visit Jekyll Island and make a report to the General Assembly.

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 Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Campbell of Walker and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act providing for the levy and collection of a tax for support of State Government, educational purposes, to pay the public debt, to repeal nuisance taxes, and for other purposes.

The following Committee Substitute to HB 3, was read:
A BILL
A bill to be entitled An Act to amend an Act, approved March 28, 1935 and published in Georgia Laws 1935 on pages 11 through 72, inclusive, and all laws amendatory thereto, entitled: "An Act to annually, in addition to the ad valorem on real and personal property as now

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281

required by law, levy and collect a tax for the support of the State Government and public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt; to pay maimed and indigent Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law; to pay the public debt when due; to prescribe what persons, corporations, professions, business and property are liable to taxation; to prescribe the methods of collecting and of receiving certain of said taxes; to prescribe questions to be propounded to tax payers, and to provide penalties for violations thereof; and to repeal conflicting laws, and for other purposes."
Such amendment to be effective January 1, 1951, by striking from Section 2 thereof, paragraph 3, imposing a tax upon professions; paragraph 4, imposing a tax upon presidents of certain corporations; paragraph 5, imposing a tax upon persons, firms, or corporations conducting an advertising business; paragraph 6, imposing a tax upon collection agencies; paragraph 7, imposing a tax upon detective agencies; paragraph 9, imposing a tax upon persons, firms or corporations operating amusement parks; paragraph 10, imposing a tax upon auctioneers; paragraph 11, imposing a tax upon dealers in automobiles and trucks; paragraph 12, imposing a tax upon used car dealers; paragraph 13, imposing a tax upon wholesale dealers in automobile accessories; paragraph 13A, imposing a tax upon wholesale automobile radio dealers; paragraph 14, imposing a tax upon retail automobile accessory dealers; paragraph 15, imposing a tax upon automobile and truck assembly plants; paragraph 16, imposing a tax upon automobile garages; paragraph 17, imposing a tax upon the operation of automobile parking places; paragraph 18, imposing a tax upon awning and tent makers; paragraph 19, imposing a tax upon operators of bagatelle, billiards, Jenny Lind, pool, or tivoli tables; paragraph 20, imposing a tax upon operators of ball parks and other parks; paragraph 21, imposing a tax upon operators of barber shops; paragraph 22, imposing a tax upon agents for barber supplies; paragraph 23, imposing a tax upon operators of beauty parlors and manicure shops; paragraph 24, imposing a tax upon bicycle dealers; paragraph 25, imposing a tax upon bill distributors;
Paragraph 26, imposing a tax upon book agents; paragraph 27, imposing a tax upon bottlers of carbonated beverages; paragraph 28, imposing a tax upon brokers in stocks and bonds; paragraph 29, imposing a tax upon brokers in real estate; paragraph 30, imposing a tax upon burglar-alarm dealers; paragraph 31, imposing a tax upon the operation of cafes and restaurants; paragraph 32, imposing a tax upon the manufacturing or vending of carbonated soft drinks; paragraph 33, imposing a tax upon the operation of cars for hire; paragraph 34, imposing a tax upon the operation of cars for hire over fixed routes; paragraph 35, imposing a tax upon "Drive-It-Yourself" cars for hire; paragraph 36, imposing a tax upon dealers in coal and coke; paragraph 37, imposing a tax upon cemetery companies; paragraph 38, imposing a tax upon circuses; paragraph 39, imposing a tax upon circus side shows; paragraph 40, imposing a tax upon concert shows and exhibitions; paragraph 41, imposing a tax upon commercial reporting agencies; paragraph 42, imposing a tax upon street carnivals; paragraph 43, imposing an annual license or occupation tax on domestic and domesticated foreign corporations; paragraph 44, imposing an annual license or occupation

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tax on foreign corporations; paragraph 45, providing for the payment of the tax imposed by paragraph 44; paragragh 46, imposing a tax upon dance halls and dancing instructors; paragraph 47A, imposing a tax upon the operation of devices, cane-racks, shooting galleries, machine games, etc.; paragraph 47B, imposing a tax upon the operation of bowling alleys and ten-pin alleys; paragraph 48, imposing a tax upon the compiling of city directories; paragraph 49, imposing a tax upon the operation of dry cleaning businesses; paragraph 50, imposing a tax upon electrical contractors; paragraph 51, imposing a tax upon emigrant agents; paragraph 52, imposing a tax upon employment agencies;
Paragraph 53, imposing a tax upon dealers in fire engines and apparatus; paragraph 54, imposing a tax upon fish dealers; paragraph 55, imposing a tax upon hotels and tourist camps; paragraph 56, imposing a tax upon traveling horse traders and traveling livestock dealers; paragraph 56A, imposing a tax upon fortune tellers and clairvoyants; paragraph 56B, imposing a tax upon persons, firms or corporations engaged in palmistry; paragraph 57, imposing a tax upon ice cream dealers; paragraph 58, imposing a tax upon insurance agents; paragraph 59, imposing a tax upon junk df'alers; paragraph 60, imposing a tax upon exhibitions of legerdemain and sleight of hand; paragraph 62, imposing a tax upon operators of laundries; paragraph 63, imposing a tax upon dealers in lighting systems; paragraph 64, imposing a tax upon lightning rod dealers; paragraph 65, imposing a tax upon livestock dealers; paragraph 66, imposing a tax upon manufacturers of wholesale or retail dealers and brokers in forest products, timber, lumber; paragraph 67, imposing a tax upon each manufacturer or wholesale dealer in, or agent for the sale of, any cash or account register; paragraph 68, imposing a tax upon dealers in weighing or calculating machines; paragraph 69, imposing a tax upon dealers in adding or calculating machines and check protectors; paragraph 70, imposing a tax upon dealers in typewriters; paragraph 71, imposing a tax upon operators or users of slot machines, punch boards, or other such devices; paragraph 72, imposing a tax upon manufacturers of machinery and equipment; paragraph 73, imposing a tax upon the operators of merrygo-rounds or other such devices or contrivances; paragraph 74, imposing a tax upon monument dealers;
Paragraph 75, imposing a tax upon the operators of a motor bus or buses for the transportation of passengers upon a fixed route which is entirely or the greater portion of which is within the corporate limits of any town or city of this State; paragraph 76, imposing a tax upon motorcycle dealers; paragraph 77, imposing a tax upon exhibition of moving picture supply houses or film distributing agencies; paragraph 79, imposing a tax upon those engaged in the business of musical instruments, graphophones, organs, phonographs, pianos, and victrolas, radios or radio supplies, and domestic ice machines; paragraph 80, imposing a tax upon news dealers; paragraph 81, imposing a tax upon packinghouses, brokers and butcher plants; paragraph 82, imposing a tax upon sellers of patent rights; paragraph 82A, imposing a tax upon the business of selling articles in baseball parks; paragraph 83, imposing a tax upon pawnbrokers; paragraph 84, imposing a tax upon the selling and delivering of photographs, etc; paragraph 86, imposing a tax upon dealers of playing cards; paragraph 87, imposing a tax upon photographers and similar artists; paragraph 88, imposing a tax upon operators of pressing clubs and pressing and cleaning businesses; paragraph

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283

89, imposing a tax upon itinerant practitioners; paragraph 90, imposing a tax upon operators of skating rinks; paragraph 91, imposing a tax upon salary and wage buyers; paragraph 92, imposing a tax upon sellers of safes or vaults; etc; paragraph 93, imposing a tax upon hospitals and sanitariums conducted for gain; paragraph 94, imposing a tax upon dog and pony, etc, shows; paragraph 95, imposing a tax upon vaudeville shows which are given under tents or places other than regular licensed theatres; paragraph 96, imposing a tax upon automatic sprinkler companies or agents;
Paragraph 97, imposing a tax upon the operators of soda fountains; paragraph 98, imposing a tax upon the business of manufacturing or selling soft drink syrups; paragraph 99, imposing a tax upon operators of swimming pools; paragraph 100, imposing a tax upon operators of toll bridges and ferries; paragraph 102, imposing a tax upon undertakers; paragraph 103, imposing a tax upon operators of cotton warehouses; paragraph 104, imposing a tax upon operators of merchandise, etc., warehouses; paragraph 105, imposing a tax upon wood dealers; paragraph 106, imposing a tax upon plumbing, heating, steam-fitting, and tinning and roofing contractors; paragraph 107, imposing a tax upon the business of manufacturing or selling malt extract and malt products; paragraph 108, imposing a tax upon peddlers of fish and sea food; paragraph 109, imposing a tax upon operators of filling stations; paragraph 110, imposing a tax upon automobile financing businesses; parag1aph 111, imposing a tax upon tax adjusters; and by further striking from said Act, Section 3 thereof providing for a tax upon dogs; and by further striking from said Act, Section 4, thereof, imposing a tax upon sewing-machine dealers; and Section 18 of said Act, imposing a tax upon convict and/or prison made goods sold within the State; and Section 23 of said Act, imposing a tax upon raw fur dealers; to repeal in its entirety an Act, approved March 27, 1937, and found in Georgia Laws 1937, pages 75 through 83, entitled, "An Act requiring a license for the opening, operating, and maintenance of a store or a chain of stores, and fixing an occupation tax thereon; to define "store" and "chain of stores" as used in the Act; to provide for certain duties of the State Revenue Commission in connection therewith; to provide for the collection of the tax and its allocation and the manner in which, and conditions on which its legality may be inquired into; to provide penalties for a violation thereof; to provide for permanent automobile operators licenses for residents of this State; to provide for permanent hunting and non-commercial fishing licenses for residents of this State; providing that if any part of this Act be declared invalid, the invalidity shall not affect other portions of it; and for other purposes."; and to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
Section 1. That Section 2 of the Act appearing in Georgia Laws 1935 on pages 11 through 72, inclusive, and approved March 28, 1935, entitled: "An Act to annually, in addition to the ad valorem on real and personal property as now required by law, levy and collect a tax for the support of the State Government and public institutions; for educational purposes in instructing children in the elementary branches

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of an English education only; to pay the interest on the public debt; to pay maimed and indigent Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by laws; to pay the public debt when due; to prescribe what persons, corporations, professions, business and property are liable to taxation; to prescribe the method of collecting and of receiving certain of said taxes; to prescribe questions to be propounded to taxpayers, and to provide penalties for violations thereof; and to repeal conflicting laws, and for other purposes,"
Be amended by striking from and repealing within said Section the following numbered paragraphs in their entirety, such amendment to be effective after January 1, 1951, as well as any and all laws amendatory of said paragraphs: Paragraph 3, imposing a tax upon professions; paragraph 4, imposing a tax upon presidents of certain corporations; paragraph 5, imposing a tax upon persons, firms, or corporations conducting an advertising business; paragraph 6, imposing a tax upon collection agencies; paragraph 7, imposing a tax upon detective agencies; paragraph 9, imposing a tax upon persons, firms, or corporations operating amusement parks; paragraph 10, imposing a tax upon auctioneers; paragraph 11, imposing a tax upon dealers in automobiles and trucks; paragraph 12, imposing a tax upon used car dealers; paragraph 13, imposing a tax upon wholesale dealers in automobile accessories; paragraph 13A, imposing a tax upon wholesale automobile radio dealers; paragraph 14, imposing a tax upon retail automobile accessory dealers; paragraph 15, imposing a tax upon automobile and truck assembly plants; paragraph 16, imposing a tax upon automobile garages; paragraph 17, imposing a tax upon the operation of automobile parking places; paragraph 18, imposing a tax upon awning and tent makers; paragraph 19, imposing a tax upon operators of bagatelle, billiard, Jenny Lind, pool, or Tivoli tables; paragraph 20, imposing a tax upon operators of ball parks and other parks; paragraph 21, imposing a tax upon operators of barber shops; paragraph 22, imposing a tax upon agents for barber supplies; paragraph 23, imposing a tax upon operators of beauty parlors and manicure shops; paragraph 24, imposing a tax upon bicycle dealers; paragraph 25, imposing a tax upon bill distributors; paragraph 26, imposing a tax upon book agents; paragraph 27, imposing a tax upon bottlers of carbonated beverages; paragraph 28, imposing a tax upon brokers in stocks and bonds; paragraph 29, imposing a tax upon brokers in real estate; paragraph 30, imposing a tax upon burglar-alarm dealers; paragraph 31, imposing a tax upon the operation of cafes and restaurants; paragraph 32, imposing a tax upon the manufacturing or vending of carbonated soft drinks; paragraph 33, imposing a tax upon the operation of cars for hire; paragraph 34, imposing a tax upon the operation of cars for hire over fixed routes; paragraph 35, imposing a tax upon "Drive-It-Your-self" cars for hire; paragraph 36, imposing a tax upon dealers in coal and coke; paragraph 37, imposing a tax upon cemetery companies; paragraph 38, imposing a tax upon circuses; paragraph 39, imposing a tax upon circus side shows; paragraph 40, imposing a tax upon concert shows and exhibitions; paragraph 41, imposing a tax upon commercial reporting agencies; paragraph 42, imposing a tax upon street carnivals; paragraph 43, imposing an annual license or occupation tax on domestic and domesticated foreign corporations; paragraph 44, imposing an an-
nual license or occupation tax on foreign corporations; paragraph 45, providing for the payment of the tax imposed by paragraph 44; para-

WEDNESDAY, JANUARY 24, 1951

285

graph 46, imposing a tax upon dance halls and dancing instructors; paragraph 47A, imposing a tax upon the operation of devices, caneracks, shooting galleries, machine games, etc.; paragraph 47B, imposing a tax upon the operation of bowling alleys and ten-pin alleys; paragraph 48, imposing a tax upon the compiling of city directories; paragraph 49, imposing a tax upon the operation of dry cleaning businesses; paragraph 50, imposing a tax upon electrical contractors. The amendment to this paragraph embracing the same subject matter and appearing in Georgia Laws 1939 at page 96 is also hereby repealed. Paragraph 51, imposing a tax upon emigrant agents; paragraph 52, imposing a tax upon employment agencies; paragraph 53, imposing a tax upon dealers in fire engines and apparatus; paragraph 54, imposing a tax upon fish dealers; paragraph 55, imposing a tax upon hotels and tourist camps; paragraph 56, imposing a tax upon traveling horse traders and traveling livestock dealers; paragraph 56A, imposing a tax upon fortune tellers and clairvoyants. The amendment to this paragraph embracing the same subject matter and appearing in Georgia Laws 1947 pp. 1136, 1137 is also hereby repealed. Paragraph 56B, imposing a tax upon persons, firms, and corporations engaged in palmistry. The amendment to this paragraph embracing the same subject matter and appearing in Georgia Laws 1947 pp. 1136, 1137 is also hereby repealed. Paragraph 57, imposing a tax upon ice cream dealers; paragraph 59, imposing a tax upon junk dealers; paragraph 60, imposing a tax upon exhibition of legerdemain and sleight of hand; paragraph 62, imposing a tax upon operators of laundries; paragraph 63, imposing a tax upon dealers in lighting systems; paragraph 64, imposing a tax upon lightning rod dealers; paragraph 65, imposing a tax upon livestock dealers;
Paragraph 66, imposing a tax upon manufacturers of wholesale or retail dealers and brokers in forest products, timber, lumber; paragraph 67, imposing a tax upon each manufacturer or wholesale dealer in, or agent for the sale of, any cash or account register; paragraph 68, imposing a tax upon dealers in weighing or calculating machines; paragraph 69, imposing a tax upon dealers in adding or calculating machines and check protectors; paragraph 70, imposing a tax upon dealers in typewriters; paragraph 71, imposing a tax upon operators or users of slot machines, punch boards, or other such devices; paragraph 72, imposing a tax upon manufacturers of machinery and equipment; paragraph 73, imposing a tax upon the operators of merry-go-rounds or other such devices or contrivances; paragraph 74, imposing a tax upon monument dealers; paragraph 75, imposing a tax upon the operators of a motor bus or buses for the transportation of passengers upon a fixed route which is entirely or the greater portion of which is within the corporate limits of any town or city of this state; paragraph 76, imposing a tax upon motorcycle dealers; paragraph 77, imposing a tax upon exhibition of moving pictures, etc; paragraph 78, imposing a tax upon motion picture supply houses or film distribudting agencies; paragraph 79, imposing a tax upon those engaged in the business of musical instruments, graphophones, organs, phonographs, pianos, and victrolas, radios or radio supplies, and domestic ice machines; paragraph 80, imposing a tax upon news dealers; paragraph 81, imposing a tax upon packinghouses, brokers and butcher plants. The amendment to the paragraph embracing the same subject matter and appearing in Georgia Laws 1941 pp. 209, 210 is also hereby repealed.

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Paragraph 82, imposing a tax upon sellers of patent rights; paragraph 82A, imposing a tax upon the business of selling articles in baseball parks; paragraph 83, imposing a tax upon pawnbrokers; paragraph 84, imposing a tax upon the selling and delivering of photographs, etc; paragraph 86, imposing a tax upon dealers of playing cards; paragraph 87, imposing a tax upon photographers and similar artists; paragraph 88, imposing a tax upon operators of pressing clubs and pressing and cleaning businesses; paragraph 89, imposing a tax upon itinerant practitioners; paragraph 90, imposing a tax upon operators of skating rinks; paragraph 91, imposing a tax upon salary and wage buyers; paragraph 92, imposing a tax upon sellers of safes or vaults, etc; paragraph 93, imposing a tax upon hospitals and sanitariums conducted for gain; paragraph 94, imposing a tax upon dog and pony, etc, shows; paragraph 95, imposing a tax upon vaudeville shows which are given under tents or places other than regular licensed theaters; paragraph 96, imposing a tax upon automatic sprinkler companies or agents; paragraph 97, imposing a tax upon the operators of soda fountains; paragraph 98, imposing a tax upon the business of manufacturing or selling soft drink syrups, paragraph 99, imposing a tax upon operators of swimming pools; paragraph 100, imposing a tax upon operators of toll bridges and ferries; paragraph 102, imposing a tax upon undertakers; paragraph 103, imposing a tax upon operators of cotton warehouses; paragraph 104, imposing a tax upon operators of merchandise, etc, warehouses; paragraph 105, imposing a tax upon wood dealers; paragraph 106, imposing a tax upon plumbing, heating, steam-fitting and tinning and roofing contractors; paragraph 107, imposing a tax upon the business of manufacturing or selling malt extract and malt products; paragraph 108, imposing a tax upon peddlers of fish and sea food; paragraph 109, imposing a tax upon operators of filling stations; paragraph 110, imposing a tax upon automobile financing businesses; paragraph 111, imposing a tax upon tax adjusters.
All paragraphs of said Section not specifically referred to herein by number or otherwise repealed shall remain in full force and effect.
Section 2. That the above described Act of 1935 is hereby further amended by striking and repealing in its entirety Section 3 thereof, said Section providing for a tax upon dogs.
Section 3. That the above described Act of 1935 is hereby further amended by striking and repealing in its entirety Section 4 thereof. said Section imposing a tax upon sewing machine dealers.
Section 4. That the above described Act of 1935 is hereby further amended by striking and repealing in its entirety Section 18 thereof, said Section imposing a tax upon convict and/or prison made goods sold within the State.
Section 5. That the above described Act of 1935 is hereby further amended by striking and repealing in its entirety Section 23 thereof, said Section imposing a tax upon dealers in raw fur.
Section 6. Be it further enacted, by the authority aforesaid, that the Act approved March 27, 1937, and found in Georgia Laws 1937, pages 75 through 83, entitled, "An Act requiring a license for the opening, operating, and maintenance of a store or a chain of stores, and fixing an occupation tax thereon; to define 'store' and 'Chain of

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287

stores', as used in the Act; to provide for certain duties of the State Revenue Commission in connection therewith; to provide for the collection of the tax and its allocation and the manner in which, and conditions on which its legality may be inquired into; to provide penalties for a violation thereof; providing that if any part of this Act be declared invalid, the invalidity shall not affect other portions of it; and for other purposes", be and the same is hereby repealed.
Section 7. Be it further enacted by the authority aforesaid that the Act approved March 19, 1937, and found in Georgia Laws 1937, page 322, et seq., creating the Public Safety Department, and all Acts amendatory thereto, is hereby amended by striking therefrom Section 5 of Article IV of said Act, which said section reads as follows:
"Section 5. Be it further enacted, that the expiration date of all licenses as first issued under this Act shall be June 30, 1939, and all licenses issued after the first expiration date shall expire on the 30th day of June each two years thereafter; Provided, that any license granted not more than sixty days before the nearest biennial expiration date shall be valid until the following biennial expiration period. It is further provided, that in the event any license is suspended, revoked or canceled for cause that the applicant shall not be entitled to the return of any application or examination fee.
Application for license shall be made on forms furnished by the Commissioner of the Department of Public Safety and must be accompanied by the fee charged; the name and address of the applicant, and any other information required by the Commissioner."
and by substituting in lieu thereof a new Section 5 of Article IV to read as follows:
"Section 5. Be it further enacted, that all licenses issued under this Act shall be permanent in nature and the fees therefor once having been paid, no further fee shall be charged and no renewal of such licenses shall be necessary. All such licenses presently in force are hereby made permanent. Provided, however, that nothing herein contained shall prevent the revocation of any such license now in force or hereafter issued for any legal reason as now or hereafter provided by law.
"Applications for licenses shall be made on forms furnished by the Director of Public Safety, and must be accompanied by the fee charged; the name and address of the applicant, and any other information required by the Director."
Section 8. Be it further enacted by the authority aforesaid that the Act approved February 25, 1949, and found in Georgia Laws 1949, page 1577, et seq., increasing the fees for hunting licenses issued to residents of the State, is hereby amended by adding to the changes made in Section II thereof, the following proviso to be added at the end of the Act as amended:
"Provided further that hunting licenses issued to residents of this State shall be permanent in nature and the fees therefor once having been paid, no further fee shall be charged and no renewal of such licenses shall be necessary. All such licenses presently in force are hereby made permanent. Provided, however, that nothing herein contained shall prevent the revocation of the license now in force or here-

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after issued for any legal reason as now or hereafter provided by law." so that Section II of said Act as amended shall read:
"Section II. Be it further enacted that there is stricken from said Section 6, page 176 all of the words and figures beginning at the semicolon in line 11 of said section and ending with the word "law" in the last sentence on page 176, Section 6, so that said section as amended in this and the preceding Section I will read as follows to wit: "Director of the Game and Fish Commission a"; in line 19, "Director of the Game and Fish Commissioner". Said quoted Section 2 as set out in Section 1 of said Act of 1949, is further amended by adding at tne end thereof the following proviso:
"Provided further that non-commercial fishing licenses issued to residents of this State shall be permanent in nature and the fees therefor once having been paid, no further fee shall be charged, and no renewal of such licenses shall be necessary. All such licenses presently in force are hereby made permanent. Provided, however, that nothing herein contained shall prevent the revocation of any license now in force or hereafter issued for any legal reason as now or hereafter provided by law." so that said Section 1 of said Act of 1949 as so amended shall read as follows:
"Section 2. Be it further enacted by the authority aforesaid, that no resident of this State shall fish in any of the waters of this State, as described in Section 1 hereof, by means of any artificial bait commonly known as plugs, wooden minnows, live minnows, flies, dabblers, spinners, or any other like bait or lure whether in the county of his residence or in any other county of the State without first procuring from the Director of the Game and Fish Commission a license for which there shall be charged and shall be paid the sum of two ($2.50) dollars and fifty cents. No resident of this State shall fish in any way or by any means in any of said waters of this State other than that of the county of his residence without first procuring from the Director of the Game and Fish Commission a license for which there shall be charged and shall be paid the sum of two ($2.50) dollars and fifty cents. Provided, however, that no person under the age of 16 years shall be required to buy the license created under this Act. No non-resident of this State shall fish in any of said waters hereinbefore described in any manner or by any means until such person shall have procured from the Director of the Game and Fish Commission an annual license to do so, for which there shall be charged and be paid the sum of five ($5.25) dollars and twentyfive cents. Seiners and netters shall pay one ($1.25) dollar and twentyfive cents as lure fishmen. Provided, further, that non-commercial fishing licenses issued to residents of this State shall be permanent in nature and the fees therefor once having been paid, no further fee shall be charged, and no renewal of such licenses shall be necessary. All such licenses presently in force are hereby made permanent. Provided, however, that nothing herein contained shall prevent the revocation of any license now in force or hereafter issued for any legal reason as now or hereafter provided by law."
"Be it further enacted for the authority aforesaid, that a license shall be issued to a person permitting him to hunt in his own resident county upon the payment of fee of $1.25; a license authorizing a resident of this State to hunt throughout this State shall be issued upon the payment of a fee of $5.25; provided that before any person shall be

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entitled to purchase a resident hunting license, he shall have been a bona fide resident of the State of Georgia for a period of six months prior to the date such license is applied for. Provided, that nothing herein shall prevent a landowner or his tenants and their families, with the landowner's consent from hunting on his own land without a license. Provided further that hunting licenses issued to residents of this State shall be permanent in nature and the fees therefor once having been paid, no further fee shall be charged and no renewal of such licenses shall be necessary. All such licenses presently in force are hereby made permanent. Provided, however, that nothing herein contained shall prevent the revocation of any license now inforce or hereafter issued for any legal reason as now or hereafter provided by law."
Section 9. Be it further enacted by the authority aforesaid that the Act approved February 25, 1949, and found in Georgia Laws 1949, page 1189, et seq., increasing the fees for fishing licenses is hereby amended, by striking the words "Director of Wild Life an annual" as the same appear in line 7 of quoted Section 2 in Section 1 of said act of 1949, and further by striking the words "Director of Wild Life an annual" as the same appear in line 12 of said quoted Section 2 in Section 1 of said Act of 1949, and further by striking the words "Director of Wild Life" as the same appear in line 19 of said quoted Section 2 in Section 1 of said Act of 1949, and by substituting for such stricken words in their respective lines of said quoted Section 2, the following: in line 7, "Director of the Game and Fish Commission a"; in line 12,
Section 10. Be it further enacted by the authority aforesaid that should any provision of this Act be held illegal or unconstitutional by a court of competent jurisdiction the same shall not vitiate the remaining provisions of said Act but all such provisions not held illeg-al or uncJ!cstitutional shall remain in full force and effect.
Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. No such repeal, however, shall be construed to repeal any former law as to any tax liability which accrued before the effective date of this Act, nor shall any such repeal be construed to affect any offense committed against any former law, or any act done, any penalty, forfeiture, or punishment incurred, or any right accrued, or claim arising under the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, forfeiture, or punishment so incurred, or any right accrued, or claim arising before the effective date of this Act.
Section 12. This bill shall not become operative unless the General Assembly passes and the Governor signs into law a Sales Tax Bill by January 1, 1952.
The Committee Substitute to HB 3, was adopted:
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 142, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Twitty of Mitchell moved that the House recess until 1 :30 o'clock, P. M., this afternoon and the motion prevailed.

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The Speaker announced the House recessed until 1:30 o'clock, P. M., this afternoon.

AFTERNOON SESSION The Speaker called the House to order.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate adopted the following resolutions of the Senate to wit:

SR 33. By Senators Stephens of the 50th, Williams of the 19th, Trotter of the 37th and others:
A resolution, the House concurring, commemorating the commencing of the Sesquicentennial Celebration of the granting of the charter of the University of Georgia.

The following Resolution of the Senate was read and adopted:

SR 33. A Resolution, the House concurring, commemorating the commencing of the Sesquicentennial Celebration of the granting of the charter of the University of Georgia, 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 2.

By Messrs. Ray of Warren, Matthews of Clarke, Twitty of Mitchell, Key of Jasper, Langdale of Lowndes and many others:
A Bill to be entitled an Act to authorize the levy and collection of a general retailers sales and use tax, and for other purposes.

The following Committee Substitute to HB 2, was read:

A BILL
To be entitled an Act to authorize the levy and collection of a general retailers sales and use tax; to provide the rate of such tax; to provide that such tax shall be cumulative of all other taxes; to define words and terms as used in the Act; to show what is not included under such definitions; to provide from whom such tax is collectible; to provide for collection of the tax from the purchaser; to provide that the "dealer" pay the tax on items of tangible personal property imported or used in this State; to provide for method of proof of sales not subject to the tax; to provide in what instances such tax shall not apply for use, consumption, or distribution of tangible personal property; to provide that such tax shall be a debt from purchaser or consumer until paid; to provide that dealers failing to collect the tax shall be personally liable for the same; to provide that dealers failing to collect the tax shall be guilty of a misdemeanor; to prohibit and provide a penalty for dealers offering to absorb the tax; to exclude gross proceeds from

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sale in this State of livestock, poultry, and other farm products made directly by producers; to exclude livestock, poultry and farm products from "use tax" when such items are produced by the farmer and used by him and his family; to provide how the tax shall be computed on credits and trade-ins; to provide for a final return upon sale or termination of a business when the dealer is liable for the tax, interest or penalty; to provide for successors to withhold sufficient funds to cover such tax, interest or penalties; to provide for notice of delinquency in payment of tax; to provide for the due date of the tax; to provide how returns shall be made; to provide that it is intention of this Act to tax leases and rentals of tangible personal property, where they are part of regularly established business; to provide for an allowance of 1% to dealers, as compensation for accounting for and remitting the tax, provided the same is not delinquent; to provide for penalties against dealers violating the provisions of this Act; to provide that on failure to make a return, Commissioner may estimate tax; to provide for records to be kept by wholesale dealers and jobbers; to provide that wholesale dealers and jobbers failing to comply with provisions relating to records shall be guilty of a misdemeanor; to permit inspection of all records of transportation companies by the Commissioner, and to provide a penalty for refusal of such companies to permit an inspection; to provide for records by dealers and a punishment for violation of provisions concerning such records; to provide for returns by dealers and punishment for failing to comply with the provisions of this Act concerning such returns; to provide a punishment for dealers violating any of the provisions of this Act; to provide procedure when a tax becomes delinquent; to provide for remedy of tax payer; to provide for a system of permits for the importing of property; to provide for seizure and confiscation of vehicles and taxable property imported without a permit; to set up procedure after such seizure for confiscation; to provide for reimbursement of tax to dealer upon returns of purchases by purchaser or consumer; to provide for administering oath for enforcing and administering provisions of this Act; to provide that Commissioner shall have power to make reasonable rules and regulations not inconsistent with this Act; to provide for costs of administering this Act; to provide for certain duties and powers of the Commissioner; to provide that funds collected under this Act shall be paid into general fund of State Treasury; to provide for certificates of registration for places of business, and a fee for such registration; to provide for revocation and suspension of such certificate of registration; to provide punishment for failing to register; to prohibit counties, municipalities, school districts, or political sub-divisions of the State from imposing, levying, or collecting tax upon gross receipts, sales or use taxes, or tax on amusements, admissions or services included in this Act; to repeal conflicting laws, and for other purposes:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:
Section 1. This Act shall be known as the "Georgia Retailers' Sales and Use Tax Act.''
Section 2. There is hereby levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege or license tax upon every person who engages in the business of selling tangible personal property at retail in this State, or who rents or furnishes any

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of the things or services taxable under this Act, or who stores for use or consumption in this State any item or article of tangible property as defined herein or who leases or rents such property within the State of Georgia, the same to be collected in the amount to be determined by the application of the following rates against gross sales, to wit:
(a) At the rate of three per cent (3%) of the sales price of each item or article of tangible personal property when sold at retail in this State; the tax to be computed on gross sales for the purpose of remitting the amount of tax due the State, and to include each and every retail sale.
(b) At the rate of three per cent (3%) of the cost price of each item or article of tangible personal property when the same is not sold but is used, consumed, distributed or stored for use or consumption in this State; provided there shall be no duplication of the tax.
(c) At the rate of three per cent (3%) of the gross proceeds derived from the lease or rental of tangible personal property, as defined herein, except the rental of motion picture films where the lease or rental of such property is an established business, or part of an established business, or the same is incidental or germane to said business.
(d) At the rate of three per cent (3%) of the monthly lease or rental price paid by lessee or rentee, or contracted or agreed to be paid by lessee or rentee, to the owner of the tangible personal property.
(e) At the rate of three per cent (3%) of the gross sales of all services taxable under this Act.
(f) The said tax shall be collected from the dealer as defined herein and paid at the time and in the manner as hereinafter provided. Provided, however, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such business at the rates specified, when proper books are kept showing separately the gross proceeds of sales for each business. If such records are not kept separately, the tax shall be paid as a retailer, or dealer on the gross sales of the business.
(g) The tax so levied is and shall be in addition to all other taxes, whether levied in the form of excise, license, or privilege taxes, and shall be in addition to all other fees and taxes levied.
Section 3. Be it further enacted by the authority aforesaid, that the following words, terms, and phrases, when used in this Act, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:
(a) "Person" includes any individual, firm, co-partnership, cooperatives, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate, or other group or combination acting as a unit, and the plural as well as the singular number.
(b) "Sale" means any transfer of title or possession, or both, exchange, barter, lease or rental, conditional or otherwise, in any manner or by any means whatsoever of tangible personal property for a consideration, and includes the fabrication of tangible personal property for consumers who furnish, either directly or indirectly, the materials used

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in fabrication work, and the furnishing, repairing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, preparing, or serving such tangible personal property. A transaction whereby the possession of property is transferred but the seller retains title as security for the payment of the price shall be deemed a sale.
(c) 1. "Retail Sale" or a "Sale at Retail" means a sale to a consumer or to any person for any purpose other than for resale in the form of tangible personal property, or services taxable under this Act, and shall mean and include any such transactions as the State Revenue Commissioner upon investigation finds to be in lieu of sales; provided that sales for resale must be made in strict compliance with rules and regulations.
Any dealer making a sale for resale which is not in strict compliance with rules and regulations shall himself be liable for and pay the tax. For the purpose of the tax imposed by this Act, these terms shall include but shall not be limited to the following:
(a) The sale of natural or artificial gas, oil, gasoline, electricity, solid fuel, transportation and local telephone services, when made to any purchaser for purposes other than resale.
(b) The sale or charges for any room or rooms, lodgings, or accommodations furnished to transients by any hotel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. The tax shall not apply, however, to rooms, lodgings, or accommodations supplied for a period of 90 continuous days or more.
(c) Sales of tickets for admission to places of amusement, sports, or entertainment, including billiard and poolrooms, bowling alleys, amusement devices, musical devices, theaters, opera houses, moving picture shows, vaudeville, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball gam~s, skating rinks, race tracks, public bathing places, public dance halls or any other place at which any exhibition, display, amusesment or entertainment is offered to the public or place or places where an admission fee is charged.
2. The terms "sale at retail," "use," "storage," and "consumption" shall not include the sale, use, storage or consumption of industrial materials for future processing, manufacture or conversion into articles of tangible personal property for resale where such industrial materials become a component part of the finished product or are used directly in fabricating, converting, or processing such materials or parts thereof, nor shall such terms include materials, containers, labels, sacks or bags used for packaging tangible personal property for shipment or sale.
The terms "retail sale" and "sale at retail" shall also not include the following:
(a) Professional, insurance, or personal service transactions which involve sales as inconsequential elements for which no separate charges are made nor services rendered by repair men for which a separate charge is made.
(b) Fertilizer which is applied to land for the growing of crops,

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seed or insecticides used for agricultural purposes, or feed for livestock and poultry.
(c) Gross proceeds from the sale or sales of fuel and supplies for use or consumption aboard ships plying the high seas, either in intercoastal trade between ports in the State of Georgia and ports in other States of the United States or its possessions, or in foreign commerce between ports in the State of Georgia and ports in foreign countries.
(d) Sales which a State would be without power to tax under the limitations of the Constitution of the State or the United States, together with sales to the State of Georgia, any county or municipality of said State.
(e) The tax levied by this Act shall not apply to sales of goods made puxsuant to bona fide written contracts entered into before the date of the approval of this Act, or the purchase price of any buildings supplies, fixtures or equipment that enter into or become a part of b\lilding or other kind of structure in this State, where plans, specifications and construction contract for a specific project has been entered into prior to the date of approval of this Act, provided delivery is made within ninety (90) days.
3. The term "gross sales" means the sum total of all retail sales of tangible personal property or services as defined herein, without any deduction whatsoever of any kind or character, except as provided in this Act.
The term "gross sales," when applied to sales of telephone service, under the provisions of this Act, shall mean the charges made for local exchange telephone service, except local messages which are paid for by inserting coins in coin-operated telephones, but including the total amount of the guaranteed charge for semi-public coin box telephone services.
(a) "Sales price" means the total amount for which tangible personal property or services are sold, including any services that are a part of the sale, valued in money, whether paid in money or otherwise, and includes any amount for which credit is given to the purchaser by the seller, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest charged, losses or any other expenses whatsoever; provided, that cash discounts allowed and taken on sales shall not be included, nor shall the sales price include the amount charged for labor or services rendered in installing, applying, remodeling or repairing property sold.
(b) "Cost Price" means the actual cost of articles of tangible personal property without any deductions therefrom on account of the cost of materials used, labor, or service costs, transportation charges, or any expenses whatsoever.
(c) "Lease or rental" means the leasing or renting of tangible personal property and the possession or use thereof by the lessee or rentee for a consideration, without transfer of the title of such property.
(d) "Storage" means and includes any keeping or retention in

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this State of tangible personal property for use or consumption in this State, or for any purpose other than sale at retail in the regular course of business.
(e) "Use" means and includes the exercise of any right or power over tangible personal property incident to the ownership thereof, except that it shall not include the sale at retail of that property in regular course of business.
(f) "Business" includes any activity engaged in by any person, or caused to be engaged in by him with the object of gain, benefit or advantage, either direct or indirect.
(g) "Retailer" means and includes every person engaged in the business of making sales at retail, or for distribution, or use, or consumption, or storage to be used or consumed in this State.
(h) The term "commissioner" means the State Revenue Commissioner.
( i) "Tangible personal property" means and includes personal property, which may be seen, weighed, measured, felt, or touched, or in any other manner perceptible to the senses. The term "tangible personal property" shall not include stocks, bonds, notes, insurance or other obligations or securities.
(j) The term "use tax" referred to in this Act includes the "use, the consumption, the distribution, and the storage" as herein defined.
Section 4. Be it further enacted, by the authority aforesaid, that the aforesaid tax at the rate of three per cent ( 3 o/o) of the retail sales price, as of the moment of sale, or three per cent (3%) of the cost price, as of the moment of purchase, as the case may be, shall be collectible from all persons as defined herein engaged as dealers, as hereinafter defined, in the sale at retail, the use, the consumption, the distribution, and the storage for use or consumption in this State, of tangible personal property.
The term "dealer" as used in this Act shall include every person, as used in this Act, who manufactures or produces tangible personal property for sale at retail, for use, or consumption, or distribution, or for storage to be used or consumed in this State.
The term "dealer" is further defined to mean every person, as used in this Act, who imports or causes to be imported, tangible personal property from any State or foreign country, for sale at retail, for use, or consumption, or distribution, or for storage to be used or consumed in this State.
The term "dealer" is further defined to mean every person, as used in this Act, who sells at retail, or who offers for sale at retail, or who has in his possession for sale at retail, or for use, or consumption, or distribution, or storage to be used or consumed in this State, tangible personal property as defined herein.
The term "dealer" is further defined to mean any person who has sold at retail, or used, or consumed, or distributed, or stored for use of consumption in this State, tangible personal property and who cannot prove that the tax levied by this Act has been paid on the sale at retail,

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the use, the consumption, the distriution, or the storage of said tangible personal property.
The term "dealer" is further defined to mean any person, as used in this Act, who leases or rents tangible property, as defined in this Act, for a consideration, permitting the use or possession of said property without transferring title thereto.
The term "dealer" is further defined to mean any person, as used in this Act, who is the lessee or rentee of tangible personal property, as defined in this Act, and who pays to the owner of such property a consideration for the use or possession of such property without acquiring title thereto.
The term "dealer" is further defined to mean any person, as used in this Act, who maintains or has within this State, directly or by a subsidiary, an office, distributing house, sales room, or house, warehouse, or other place of business.
Every "dealer" making sales, whether within or outside the State, of tangible personal property, for distribution, storage, use, or other consumption, in this State, shall at the time of making sales, collect the tax imposed by this Act from the purchaser.
On all tangible personal property imported, or caused to be imported from other States or foreign country, and used by him, the "dealer" as thus defined, shall pay the tax imposed by this Act on all articles of tangible personal property so imported and used, the same as if the said articles had been sold at retail for use or consumption in this State. For the purposes of this Act, the use, or consumption, or distribution, or storage to be used or consumed in this State of tangible personal property shall each be equivalent to a sales at retail, and the tax shall thereupon be immediately levied and collected in the manner provided herein, provided there shall be no duplication of the tax in any event.
It is not the intention of this Act to levy a tax upon articles of tangible personal property imported into this State or produced or manufactured in this State for export, the repairing or storage of such property in the State for use in another state, nor is it the intention of this Act to levy a tax on bona fide interstate commerce.
It is, however, the intention of this Act to levy a tax on the sale at retail, the use, the consumption, the distribution, and the storage to be used or consumed in this State of tangible personal property after it has come to rest in this State and has become a part of the mass of property in this State.
Section 5. Be it further enacted, by the authority aforesaid, That all gross sales of a retailer are subject to the tax until the contrary is established. The burden of proving that a sale of tangible personal property is not a sale at retail is upon the person who makes the sale unless he takes from the purchaser a certificate to the effect that the property is purchased for resale.
Section 6. The certificate relieves the seller from the burden of proof only if taken in good faith from a person who is engaged in the business of selling tangible personal property and who holds the permit provided for in this Act and who, at the time of purchasing the

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tangible personal property, intends to sell it in the regular course of business or is unable to ascertain at the time of purchase whether the property will be sold or will be used for some other purpose.
Section 7. The certificate shall be signed by and bear the name and address of the purchaser, shall indicate the number of their permit issued to the purchaser, and shall indicate the general character of the tangible personal property sold by the purchaser in the regular course of business. The certificate shall be substantially in such form as the Commissioner may prescribe.
Section 8. If a purchaser who gives a certificate makes any use of the property other than retention, demonstration, or display while holding it for sale in the regular course of business, the use shall be deemed a retail sale by the purchaser as of the time the property is first used by him, and the cost of the property to him shall be deemed the gross receipts from such retail sale. If the sole use of the property other than retention, demonstration, or display in the regular course of business is the rental of the property while holding it for sale, the purchaser may elect to include in his gross receipts the amount of the rental charged rather than the cost of the property to him.
Section 9. If a purchaser gives a certificate with respect to the purchase of fungible goods and thereafter commingles these goods with other fungible goods not so purchased but of such similarity that the identity of the constituent goods in the commingled mass can not be determined, sales from the mass of commingled goods shall be deemed to be sales of the goods so purchased until a quantity of commingled goods equal to the quantity of purchased goods so commingled has been sold.
Section 10. The provision of this Act shall not apply in respect to the use or consumption, or distribution, or storage of tangible personal property for use or consumption in this State upon which a like tax equal to or greater than the amount imposed by this Act has been paid in another State, the proof of payment of such tax to be according to rules and regulations made by the Commissioner. If the amount of tax paid in another State is not equal to or greater than the amount of tax imposed by this Act, then the dealer shall pay to the Commissioner an amount sufficient to make the tax paid in the other State and in this State equal to the amount imposed by this Act.
Section 11. It is further specifically provided that the "use Tax" shall not apply to tangible personal property owned or acquired in this State, or imported into this State, or held or stored in this State prior to the effective date of this Act. But, the "use Tax" will apply to all tangible personal property imported or caused to be imported into this State on or after the effective date of this Act, unless said property has previously borne a sales or use tax in another State equal to or greater than the tax imposed by this Act.
Section 12. Be it further enacted, by the authority aforesaid, That:
(a) The privilege tax herein levied, measured by retail sales shall be collected by the dealer from the purchaser or consumer.
(b) Dealers shall, as far as practicable, add the amounts of the tax imposed under this Act to the sales price or charge, which shall

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be a debt from the purchaser or consumer to the dealer, until paid, and shall be recoverable at law in the same manner as other debts. Any dealer who shall neglect, fail, or refuse to collect the tax herein provided, upon any, every, and all retail sales made by him, or his agents, or employees, of tangible personal property which is subject to the tax imposed by this Act, shall be liable for and pay the tax himself.
(c) When the tax collected for any period is in excess of three per cent (3%) the total tax collected must be paid over to the Commissioner, less the compensation to be allowed the dealer as hereinafter set forth. This provision shall be construed with other provisions of this Act and give effect so as to result in the payment to the State Revenue Commissioner of the total tax collected if in excess of three per cent (3% ) .
(d) Any dealer who shall fail, neglect, or refuse to collect the tax herein provided, either by himself or through his agents or employees, shall, in addition to the penalty of being liable for and paying the tax himself, be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than One Hundred ($100.00) Dollars or imprisonment in the County jail for not more than three months, or both, in the discretion of the Court.
(e) A person engaged in any business taxable under this Act shall not advertise or hold out to the public, in any manner, directly or indirectly, that he will absorb all or any part of the tax, or that he will relieve the purchaser of the payment of all or any part of the tax. A person who violates this provision with respect to advertising shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Twenty-Five ($25.00) Dollars, nor more than Two Hundred Fifty ($250.00) Dollars, or imprisonment in the County jail for not exceeding three months, or both, in the discretion of the Court. For a second or subsequent offense the penalty shall be double.
(f) It is specifically provided that the "use tax" as defined herein shall not apply to livestock and livestock products, to poultry and poultry products, to farm, and agricultural products, when produced by the farmer and used by him and the members of his family.
(g) Provided, however, that each and every agricultural commodity sold by any person, other than a producer, to any other person, who purchases not for direct consumption but for the purpose of acquiring raw products for use or for sale in the process of preparing, finishing, or manufacturing such agricultural commodity for the ultimate retail consumer trade shall be and is exempted from any and all provisions of this Act, including payment of the tax applicable to the sale, storage, use, transfer, or any other utilization or handling thereof, except when such agricultural commodity is actually sold as a marketable or finished product to the ultimate consumer, and in no case shall more than one tax be exacted.
The term "agricultural commodity", for the purposes hereof, shall mean horticultural, poultry, and farm products, and livestock and livestock products.
Section 13. Be it further enacted, by the authority aforesaid, That where used articles are taken in trade, or a series of trades as a credit or part payment on the sale of new and used articles, the tax levied

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by this Act shall be paid on the net difference of the new or used articles less the credit for the used article.
Section 14. Any person taxable under this Act, having cash and credit sales, may report such cash sales, and the taxpayer shall thereafter include in each monthly report all credit collections made during the month preceding, and shall pay the taxes due thereon at the time of filing such report, but in no event shall the gross proceeds of credit sales be included in the measure of the tax to be paid until collection of such credit sales shall have been made.
Section 15. Be it further enacted, by the authority aforesaid, That:
(a) If any dealer liable for any tax, interest or penalty levied hereunder shall sell out his business or stock of goods, or shall quit the business, he shall make a final return and payment within fifteen (15) days after the date of selling or quitting the business. His successor, successors, or assigns, if any, shall withhold sufficient of the purchase money to cover the amount of such taxes, interest, and penalties due and unpaid until such former owner shall produce a receipt from the Commissioner showing that they have been paid, or a certificate stating that no taxes, interest, or penalties are due. If the purchaser of a business or stock of goods shall fail to withhold the purchase money as above provided, he shall be personally liable for the payment of the taxes, interest, and penalties accruing and unpaid on account of the operation of the business by any former owner, owners, or assigns.
(b) In the event any dealer is delinquent in the payment of the tax herein provided for the Commissioner may give notice of the amount of such delinquency by registered mail to all persons having in their possession or under their control any credits or other personal property belonging to such dealer, or owing any debets to such dealer at the time of receipt by them of such notice, and thereafter any person so notified shall neither transfer or make any other disposition of such credits, other personal property, or debts, until the Commissioner shall have consented to a transfer or disposition, or until thirty (30) days shall have elapsed from and after the receipt of such notice. All persons so notified must, within five ( 5) days after receipt of such notice, advise the Commissioner of any and all such credits, other personal property, or debts, in their possession, under their control, m owing by them, as the case may be.
(c) Any violation of the provisions of this section shall be a misdemeanor and punishable as such.
Section 16. Be it further enacted, by the authority aforesaid, That:
(a) Beginning on the first day of March, 1951, and for the purpose of ascertaining the amount of tax payable under this Act it shall be the duty of all dealers on or before the last day of the month following the month in which this tax shall become effective to transmit to the State Revenue Commissioner, upon forms prescribed, prepared and furnished by him, returns, showing the gross sales, or purchases, as the case may be, arising from all sales or purchases taxable under this Act during the preceding calendar month, or during the part of the preceding calendar month running from the effective date of this Act to the end of such month; and thereafter like returns shall be prepared and transmitted to said Commissioner by all dealers on or before

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the last of each month, for the preceding calendar month. The State Revenue Commissioner may by regulation, however, provide for quarterly returns, or upon applications permit a dealer to file a return on such quarterly basis if found advisable.
(b) Gross proceeds from rentals or leases of tangible personal property shall be reported and the tax be paid with respect thereto in accordance with such rules and regulations as the Commissioner may prescribe.
It is hereby declared to be the intention of this Act to impose a tax on the gross proceeds of all leases and rentals of tangible personal property in this State where the lease or rental is a part of the regularly established business, or the same is incidental or germane thereto.
For the purpose of compensating the dealer and accounting for and remitting the tax levied by this Act, such dealer shall be allowed one per cent ( 1 % ) of the amount of tax due and accounted for and remitted to the Commissioner in the form of a deduction in submitting his report and paying the amount due by him; providing the amount due was not delinquent at the time of payment.
(c) When any dealer shall fail to make any return and pay the full amount of the tax required by this Act there shall be imposed, in addition to other penalties provided herein, specific penalty to be added to the tax in the amount of five per cent ( 5 o/o), if the failure is for not more than for thirty (30) days with an additional five (5%) per cent for each additional thirty (30) days, or fraction thereof, during which the failure continues, not to exceed twenty-five (25 o/o) per cent in the aggregate. In the case of a false or fraudulent return, where wilful intent exists to defraud the State of any tax due under this Act, a specific penalty of fifty (50 o/o) per cent of the tax bill shall be assessed.
When any dealer fails to remit the tax, or any portion thereof, on or before the day when such tax shall be required by law to be paid, there shall be added to the amount due interest at the rate of six per cent ( 6 o/c ) per annum from the date due until paid.
All penalties and interest imposed by this Act shall be payable and collectible by the Commissioner in the same manner as if they were a part of the tax imposed.
The Commissioner for good cause may extend for not to exceed thirty (30) days the time for making any returns required under the provisions of this Act.
(d) In the event any dealer fails to make a report and pay the tax as provided by this Act, or in case any dealer makes a grossly incorrect report, or a report that is false or fradulent it shall be the duty of the Commissioner to make an estimate for the taxable period of retail sales of such dealer, or of the gross proceeds from rentals or leases of tangible personal property by the dealer, and an estimate of the cost price of all articles of tangible personal property imported by the dealer, and an estimate of the cost price of all articles of tangible personal property imported by the dealer for use or consumption or distribution or storage to be used or consumed in this State and assess and collect the tax and interest, plus penalty, if such have accrued, on

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the basis of such assessment, which shall be considered prima facie correct, and the burden to show the contrary shall rest upon the dealer.
(e) It shall be the duty of every dealer required to make a report and pay any tax under this Act, to keep and preserve suitable records of the sales or purchases, as the case may be, taxable under this Act, such other books of account as may be necessary to determine the amount of tax due hereunder, and other information as may be required by the Commissioner; and it shall be the duty of every such dealer, moreover, to keep and preserve, for a period of two years, all invoices and other records of goods, wares and merchandise, or other subjects of taxation under this Act; and all such books, invoices, and other records shall be open to examination at all reasonable hours to the Commissioner or any of his duly authorized agents.
In the event the dealer has imported the tangible personal property and he fails to produce an invoice showing the cost price of the articles as defined in this Act, which are subject to tax, or the invoice does not reflect the true or actual cost price, as defined herein, then the Commissioner shall ascertain, in any manner feasible, the true cost price, and assess and collect the tax with interest plus penalties, if such have accrued on the true cost price as assessed by him. The assessment so made shall be considered prima facie correct, and the duty shall be on the dealer to show the contrary.
In the case of the lease or rental of tangible personal property, if the consideration given or reported by the dealer does not, in the judgment of the Commissioner, represent the true or actual consideration, then the Commissioner is authorized to fix the same and collect the tax thereon in the same manner as above provided, with interest plus penalties, if such have accrued.
(f) In order to aid in the administration and enforcement of the provisions of this Act, and collect all of the tax imposed by this Act, all wholesale dealers and jobbers in this State are hereby required to keep a record of all sales of tangible personal property made in this State, whether such sales be for cash or on terms of credit. The record required to be kept by all wholesale dealers and jobbers shall contain and include the name and address of the purchaser, the date of the purchase, the article purchased, and the price at which the article is sold to the purchaser. These records shall be kept for a period of three (3) years and shall be open to the inspection of the Commissioner, or his duly authorized deputies, agents or assistants, at all reasonable hours during the day. The failure of any wholesale dealer or jobber in this State to keep such records, or the failure of any wholesale dealer or jobbed in this State to permit an inspection of such records by the Commissioner as aforesaid, shall be deemed a misdemeanor and upon conviction thereof shall be punished as provided by law.
Section 17. Be it further enacted, by the authority aforesaid, That:
(a) For the purpose of enforcing the collection of the tax levied by this Act the Commissioner is hereby specifically authorized and empowered to examine at all reasonable hours during the day the books, records, and other documents of all transportation companies, agencies, firms, or persons as defined herein that conduct their business by truck, rail, water, airplane, or otherwise, in order to determine what dealers, as provided in this Act, are importing or are otherwise shipping articles

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or tangible personal property which are liable for said tax. In the event said transportation company, agency, firm, or person as defined herein, shall refuse to permit such examination of its books, records, and othar documents by the Commissioner, as aforesaid, it shall be deemed guilty of a misdemeanor and punishable as provided by law; provided further, that the Commissioner shall have the right to proceed, by citing said transportation company, agency, firm or person as defined herein, to show cause before the Superior Court of the County in which said defendant resides or has its principal place of business, as to why such books, records, etc., should not be examined and said Superior Court shall have jurisdiction to order the production of all necessary books, records, etc., and to punish for contempt of such order, any person, firm or corporation violating the same.
(b) Each dealer, as defined in this Act, shall secure, maintain, and keep for a period of three (3) years a complete record of tangible personal property received, used, sold at retail, distributed or stored, leased, or rented within this State, by said dealer together with invoices, bills of lading, and other pertinent records and papers as may be required by the Commissioner for the reasonable administration of this Act, and all such records shall be open for inspection to the Commissioner at all reasonable hours during the day. Any dealer subject to the provisions of this Act who shall violate these provisions shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law.
Section 18. Be it further enacted, by the authority aforesaid, That:
(a) If any dealer subject to make and file a return required by any provision of this Act fails to render such return within the time required or renders a return which is false or fraudulent in that it contains statements which differ from the true gross sales, purchases, leases, or rentals taxable under this Act or otherwise fails to comply with the provisions of this Act for the taxable period for which said return is made, the Commissioner shall give such dealer ten (10) days notice in writing requiring such dealer to appear before him or his assistant with such books, records, and papers as he may require relating to the business of such dealer for such taxable period; and said Commissioner may require such dealer or the agents and employees of such dealer to give testimony or to answer interrogatories under oath administered by the Commissioner or his assistants respecting the sale at retail, the use, consumption, or distribution, or storage for use or consumption in this State or lease or rental of tangible personal property subject to tax or the failure to make report thereof as provided in this Act.
(b) If any dealer fails to make any such return or refuses to permit an examination of his, the dealer's books, records or papers, or to appear and answer questions within the scope of such investigation relating to the sale, use, consumption, distribution, storage, lease, or rental of tangible personal property, the Commissioner is hereby authorized to make an assessment based upon such information as may be available to him and to issue a fi.fa. for the collection of any such taxes, interest or penalties found to be due. Any such assessment shall be deemed prima facie correct.
(c) At the time of transmitting the return required hereunder to the Commissioner the dealer shall remit to him therewith the amount

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of tax due under the applicable provisions of this Act and failure to so remit such tax shall cause said tax to become delinquent.
(d) All taxes, interest, and penalties imposed under this Act shall be paid to the Commissioner in the form of remittance required by him.
(e) Any dealer subject to the provisions of this Act failing or refusing to furnish any return herein required to be made or failing or refusing to furnish a supplemental return or other data required by the Commissioner, or who shall violate any other provision of this Act, punishment for which is not otherwise herein provided, shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law.
(f) Any dealer required to make, render, sign, or verify any return as aforesaid who makes a false or fraudulent return with intent to evade the tax hereby levied shall be guilty of a misdemeanor and upon conviction shall be fined not less than One Hundred ($100.00) Dollars nor more than Three Hundred ($300.00) Dollars or be imprisoned in the County jail not less than thirty (30) days nor more than three (3) months, or shall be punished by both fine and imprisonment in the discretion of the Court.
(g) Any dealer who shall violate any other provision of this Act, punishment for which is not otherwise herein provided, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law.
Section 19. Be it further enacted, by the authority aforesaid, That the tax imposed by this Act shall for each month become delinquent on the last day of each succeeding month.
The State Revenue Commissioner is empowered and it shall be his duty when any tax becomes delinquent under this Act, to issue a fi. fa. for the collection of the tax, interest and penalty from each delinquent taxpayer. Said fi. fa. may be addressed and delivered to the sheriff wherein such delinquent taxpayer resides, or has his principal office or place of business, or to the sheriff of any county in which the Commissioner has reason to believe property of such delinquent taxpayer may be found.
The sheriff into whose hands such fi. fa. may come, or his deputy, may execute same by the distraint and sale of personal property belonging to such taxpayer and the proceedings in respect thereto shall be the same as are provided by law for proceedings under an execution at law from a court of record; and the executing officer shall be entitled to the same fees, commissions, and necessary expense of removing and keeping property levied upon as in case of an execution from a court of record.
If the officer cannot find any personal property to satisfy said fi. fa., he may levy same upon any real estate belonging to such delinquent taxpayer; and if levied on land, the same shall be sold under the law applying to sheriff's sales in other cases.
Upon any claim of illegal assessment and collection the taxpayer shall have his remedy under the Code of Georgia, Section 92-8445, et seq., and also shall be allowed to file claims for refund in the manner authorized by the general law.

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Section 20. Be it further enacted, by the authority aforesaid, That:
(a) In order to prevent the illegal importation of tangible personal property which is subject to tax in this State, and to strengthen and make more effective the manner and method of enforcing payment of the tax imposed by this Act, the Commissioner is hereby authorized and empowered to put into operation a system of permits whereby any person or dealer as defined in this Act may import tangible personal property by truck, automobile, or other means of transportation other than a common carrier, without having said truck, automobile, or other means of transportation seized and subjected to legal proceeding for its forfeiture. Such system of permits shall require the person or dealer who desires to import. tangible personal property into this State, which property is subject to tax imposed by this Act, to apply to the Commissioner or his Assistant for a permit stating the kind of vehicle to be used, the name of the driver, the license number of the vehicle, the kind or character of tangible personal property to be imported, the date, the name and address of the consignee and such other information as the Commissioner may deem proper or necessary to prevent the illegal transportation of tangible personal property into this State. Such permit shall be free of cost to the applicant and may be obtained from the State Revenue Department. Any violation of the provisions of this section shall be deemed a misdemeanor and upon conviction shall be punished as provided by law. If the value of the property imported exceeds Five Hundred ($500.00) Dollars, the violation shall be a felony and upon conviction shall be sentenced to a term on the public works and/or penitentiary of Georgia for a term of not less than one year and not more than three years, provided, however, that the same shall be construed as a reducible felony and upon recommendation by the jury the presiding judge may treat the same as a misdemeanor and punishable as provided by law.

Section 21. Be it further enacted, by the authority aforesaid, That in the event purchases are returned to the Dealer by the purchaser or consumer after the tax imposed by this Act has been collected, or charged to the account of the consumer or user, the dealer shall be entitled to reimbursement of the amount of tax so collected or charged by him, in the manner prescribed by the Commissioner; and in case the tax has not been remitted by the dealer to the Commissioner, the dealer may deduct the same in submitting his return upon receipt of a signed statement of the dealer as to the gross amount of such refunds during the period covered by said signed statement, which period shall not be longer than ninety (90) days. The Commissioner shall issue to the dealer an official credit memorandum equal to the net amount remitted by the dealer for such tax collected. Such memorandum shall be accepted by the Commissioner at full face value from the dealer to whom it is issued, in the remittance for subsequent taxes accrued under the provisions of this Act, provided in cases where a dealer has retired from business and has filed a final return, a refund of tax may be made if it can be established to the satisfaction of the Commissioner that the tax was not due. The Commissioner shall design, prepare, print and furnish to all dealers, or make available to said dealers, all necessary forms for filing returns and instructions to insure a full collection from dealers and an accounting for the taxes due, but failure of any dealer to secure such forms shall not relieve

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such dealer from the payment of said tax at the time and in the manner herein provided.
The Commissioner and his assistants are hereby authorized and empowered to administer the oath for the purpose of enforcing and administering the provisions of this Act.
The Commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this Act, or the other laws, or the Constitution of this State or the United States, for the enforcement of the provisions of this Act and the collection of revenues hereunder.
Section 22. Be it further enacted, by the authority aforesaid, That
(a) The cost of preparing and distributing the reports forms and material needed for the collection of said tax and the inspection and enforcement duties required herein shall be borne from the general appropriations to the State Department of Revenue.
(b) The Commissioner shall administer and enforce the assessment and collection of the taxes and penalties imposed by this Act. He may prepare suitable brackets of prices for the collection of the tax imposed.
Federal excise taxes shall be excluded by the Commissioner in collecting the tax imposed on the sale price of any item or commodity or value admission or services. The use of tokens is forbidden and prohibited.
The Commissioner is hereby granted the power and authority to employ all necessary personnel and to purchase such supplies and equipment as may be necessary and incur any other necessary expenses as are proper for the enforcement and administration of this Act.
Section 23. Be it further enacted, by the authority aforesaid, that all moneys collected by the State Revenue Commissioner under this Act shall be paid into the general funds of the State Treasury.
Section 24. Be it further enacted by the authority aforesaid, that every person desiring to engage in or conduct business as a seller in this State shall file with the Commissioner an application for a "certificate of registration" for each place of business. Every application for a certificate of registration shall be made upon a form prescribed by the Commissioner and shall set forth the name under which the applicant transacts or intends to transact business, the location of his place or places of business, and such other information as the Commissioner may require. The application shall be signed by the owner if a natural person; in the case of an association or partnership, by a member or partner; in the case of a corporation, by an executive officer or some person specifically authorized by the corporation to sign the application, to which shall be attached the written evidence of his authority. Provided, however, that persons, firms, or corporations whose business extends into more than one county shall be required to secure only one license under the provisions of this Act which license shall cover all operations of such company throughout the State of Georgia.

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When the required application has been made the Commissioner shall grant and issue to each applicant a separate certificate of registration for each place of business within the State. A certificate of registration is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall be at all times conspicuously displayed at the place for which issued.
A seller whose certificate of registration has been previously suspended or revoked, shall pay the Commissioner a fee of one ($1.00) Dollar for the renewal or issuance of a certificate of registration.
Whenever any person fails to comply with any provision of this Act or any rule or regulation of the Commissioner relating thereto, the Commissioner upon hearing after giving the person ten days notice in writing, specifying the time and place of hearing and requiring him to show cause why his certificate of registration should not be revoked, may revoke or suspend any one or more of the certificates of registration held by the person. The notice .may be served personally or by registered mail directed to the last known address of the person.
Any person who engages in business as a seller in this State without a certificate of registration after a certificate of registration has been suspended or revoked, and each officer of any corporation which so engaged in business shall be guilty of a misdemeanor and punishable as provided by the general law.
Section 25. No county, municipality, school district or political subdivision of the State, shall impose, levy, or collect a gross receipts, sales or use tax, or tax on amusement admission or services included in this Act; Provided, however, that the provisions of this Section shall not be construed to apply to a fixed license, occupational or franchise tax based on gross receipts or on a gross' receipts basis and provided further that no county or municipality shall be prohibited from levying or collecting an excise tax on malt beverages and/or wine.
Section 26. The amount of taxes imposed by this law shall be assessed within three (3) years after such taxes become due and payable, and no proceeding of any kind for the collection of such taxes, interest or penalty shall be begun after the expiration of such period.
Section 27. Be it further enacted, by the authority aforesaid, that should any provision of this Act be held illegal or unconstitutional by a court of competent jurisdiction the same shall not vitiate the remaining provisions of said Act but all such provisions not held illegal or unconstitutional shall remain in full force and effect.
Section 28. All laws and part of laws in conflict with this Act, be and the same are, hereby repealed.
An amendment offered by Mr. Freeman of Monroe, was read and lost.
An amendment offered by Messrs. Hale of Dade, Best of Clay, Abney of Catoosa and Campbell of Walker, was read and lost.
An amendment offered by Mr. Freeman of Monroe, was read and ruled out of order.
An amendment offered by Messrs. Covington of Floyd, McWhorter, Mackay, and Bell of DeKalb, was read and lost.

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307

An amendment offered by Messrs. Adams of Evans and others, was read and lost.
An amendment offered by Mr. H. Smith of Fulton, was read and lost.
An amendment offered by Mr. Bolton of Spalding, was read and lost.
An amendment offered by Messrs. Henderson of Atkinson, Wood of Bibb, Greer of Lanier, Green of Rabun and Wilkes of Cook, was read and lost.
An amendment offered by Mr. Boggus of Ben Hill, was read and lost.

The following amendments to the Committee Substitute to HB 2, were read and adopted :
Mr. Ray of Warren moves to amend Substitute to HB 2, Section 3, Sub Section C-1A by inserting after the words "and local telephone services" the following words to-wit:
", beverages, and tobacco products" so that said sub section when so amended shall read as follows:
(a) The sale of natural or artificial gas, oil, gasoline, electricity, solid fuel, transportation, local telephone services, beverages, and tobacco products, when made to any purchaser for purposes other than resale.
Mr. Jones of Bartow moves to amend Substitute to HB 2 by striking the following phrase from Section 3 Sub-paragraph 2:
"or are used directly in fabricating, converting or processing such materials, or parts thereof", so that said sub-paragraph of said section shall read as follows, to-wit:
The terms "sale at retail," "use," "storage," and "consumption" shall not include the sale, use, storage or consumption of industrial materials for future processing, manufacture or conversion into articles of tangible personal property for resale where such industrial materials become a component part of the finished product nor shall such terms include materials, containers, labels, sacks or bags used for packaging tangible personal property for shipment or sale.
The terms "retail sale" and "sale at retail" shall also not include the following:
Messrs. Adams and Brantley of Upson:
To amend HB 2 (Substitute), Section 3, subsection 3(a), the seventh line of said paragraph by striking the words "interest charged", so that the said paragraph shall be made to read as follows:
(a) "Sales price" means the total amount for which tangible personal property or services are sold, including any services that are a part of the sale, valued in money, whether paid in money or otherwise, and includes any amount for which credit is given to the purchaser by the seller, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, losses or any other expenses whatsoever; provided, that cash discounts allowed and taken on sales shall not be included, nor shall the sales price include the amount charged for labor or services ren-

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dered in installing, applying, remodeling or repairing property sold."
Mr. Smith of Emanuel moves to amend Substitute to HB 2, Section 16b as follows: By inserting the words and figures three per cent (3%) in lieu of the words and figures one per cent (1%) wherever they appear in the last paragraph of sub-section 16b.
Mr. Hollis of Muscogee moves to amend Paragraph (a), Section 20, of the Substitute for HB 2 by deleting therefrom the second sentence which commences "such system of permits . . ." and substituting therefor the following:
"The application for such permits shall contain such information as the Commissioner may require, and such permits may be issued for such periods and upon such conditions as the Commissioner may desire."
Mr. Hollis of Muscogee moves to amend Section 21 of the Substitute for HB 2 by adding at the end of the first sentence thereof, which ends ninety (90) days", a new sentence reading as follows:
"Provided, however, the amount of the tax so reimbursed to the dealer shall not include the tax paid upon any cash retained by the dealer after such return of merchandise."
Mr. Gowen of Glynn moves to amend the Substitute for HB 2 by adding an additional section, the same to be known as Section 29, to-wit:
Section 29. The taxes imposed hereby shall be of full force and effect on and after March 1st, 1951.
Mr. Gowen of Glynn moved the previous question.
On the motion, Mr. Smith of Bryan moved the ayes and nays and the call was not sustained.
The motion for the previous question prevailed.
The Committee Substitute to HB 2, was adopted, as amended.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, Mr. Cranford of Coweta moved the ayes and nays and the call was not sustained.
On the passage of the bill, by substitute, as amended, the ayes were 139, nays 29.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The following Members of the House requested that the Journal show that they voted for the passage of HB 2, the "Sales Tax" Bill.
Messrs. Greer of Lanier, Britton of Whitfield, Green of Cherokee, Trapnell of Bulloch, Green of Irwin, Kennedy of Turner, Tillman of Appling, Smith of Bryan, Whitworth of Madison, Biggers of Meriwether, Henderson of Atkinson, McGarity of Henry, Kemp of Clayton, Stewart of Habersham, Tarpley of Union, Scott of Thomas, Ramsey of Effingham, Otwell of Forsyth and Boggus of Ben Hill.

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309

The following Members of the House requested that the Journal show that they voted against the passage of HB 2, the "Sales Tax" Bill.
Messrs. Bennett of Barrow, Fears of Butts, Barber of Jackson, Wright of Ware, Wood of Bibb, Stevens of Marion, Callier of Talbot, Clay of Bibb, Denton of Paulding, Vandiver of Bibb, Campbell and Abney of Walker, Pickard of Muscogee and McGee of Chatham.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., and the motion prevailed.

Leave of absence was granted to Mr. Simmons of Gilmer.

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

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REGULAR SESSION

Representative Hall, Atlanta, Georgia. Thursday, January 25, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. F. H. Sills, Metter, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB. 311. By Messrs. Wheeler of Seminole, Baughman of Early and Deen of Bacon:
A Bill to be entitled an Act to require motor common carriers transporting persons for hire to be equipped with two-way radios; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 312. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to provide that the State Revenue Commissioner shall not issue a liquor license for any place of business

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311

when the license for such place was obtained illegally and was subsequently revoked, and for other purposes.
Referred to the Committee on State of Republic.

HB 313. By Mr. Walker of Crawford:
A Bill to be entitled an Act to remove all taxes now levied under the law upon automobiles except the State license plate taxes; to increase said license plate taxes, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 314. By Mr. Walker of Crawford:
A Bill to be entitled an Act to require all persons who drive automobiles to carry liability insurance, and for other purposes.
Referred to the Committee on Insurance.

HB 315. By Mr. Walker of Crawford:
A Bill to be entitled an Act to make it unlawful to sell fire crackers or cannon crackers within the State of Georgia, and for other purposes.
Referred to the Committee on Public Welfare.

HB 316. By Mr. Walker of Crawford:
A Bill to be entitled an Act to prohibit the transportation of carcasses or bodies of dead animals upon the roads and highways of this State for a distance of more than five miles, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 317. By Mr. Walker of Crawford:
A Bill to be entitled an Act to require operators of trucks hauling logs to secure the same on the trucks with metal chains, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 318. By Messrs. Rogers of Heard, Overby of Hall, Byrd of Taylor and many others:
A Bill to be entitled an Act to amend an Act known as "Eggs; Marketing Regulations", and for other purposes.
Referred to the Committee on General Agriculture #2.

HB 319. By Messrs. Adams of Upson, Wiggins of Stephens, Fears of Butts, Brantley of Upson and Parker of Baldwin:
A Bill to be entitled an Act to provide the manner in which notices of cancellation of insurance policies must be effected, and for other purposes.
Referred to the Committee on Insurance.

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HB 320. By Messrs. Adams of Upson and Peacock of Dodge:
A Bill to be entitled an Act to provide that in all cases in which a defendant would heretofore be sentenced to death by electrocution, it shall be mandatory upon the trial judge to direct that the defendant be sentenced to 99 years and a day, and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 321. By Messrs. Gowen of Glynn and Murr of Sumter:
A Bill to be entitled an Act to allow the Sheriff in his discretion to accept cash bail from those accused of a misdemeanor in certain instances, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 322. By Messrs. Langdale of Lowndes and Stewart of Habersham:
A Bill to be entitled an Act to create an Agricultural Commodities Authority, etc., and for other purposes.
Referred to the Committee on General Agriculture #2.

HB 323. By Messrs. Abney and Campbell of Walker, Hall of Floyd, Alverson of Fulton and Cornelius of Polk:
A Bill to be entitled an Act to amend an Act relating to "Membership in Labor Organizations", and for other purposes.
Referred to the Committee on Industrial Relations.

HB 324. By Messrs. Johnson and Overby of Hall and Smith of Carroll:
A Bill to be entitled an Act to repeal an Act, to provide that in all civil and criminal cases, it shall be good cause of challenge that a juror has expressed an opinion as to which party ought to prevail, etc., and for other purposes.
Referred to the Committee on Special Judiciary.

HB 325. By Messrs. Smith of Carroll, Bennett of Barrow and Pittard of Clarke:
A Bill to be entitled an Act to authorize the Governor to take possession of the Plant, equipment, and/or facility of any public utility for the use and operation by the State of Georgia where the public interest, health and welfare of its people is threatened because of a strike, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 326. By Messrs. Herren of Echols, Greer of Lanier, Greene of Crisp, and many others:
A Bill to be entitled an Act to provide for the installation of head .and rear lights on track motor cars operated by common carriers, and for other purposes.
Referred to the Committee on Motor Vehicles.

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313

HB 327. By Messrs. Herrin of Echols, Greer of Lanier, Greene of Crisp and many others:
A Bill to be entitled an Act to provide for the installation of windshields and tops on track cars operated by common carriers, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 328. By Messrs. Jessup of Bleckley, Stewart of Habersham, Kemp of Clayton, Kitchens of Twiggs and many others:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commission of Special License Tags to Motor Vehicle owners who operate amateur radio stations, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 329. By Mr. Smith of Emanuel:
A Bill to be entitled an Act providing a method of returning Vehicles for Property Taxation and for State Registration purposes, and for other purposes.
Referred to the Committee on State of Republic.

HB 330. By Mr. Smith of Fulton:
A Bill to be entitled an Act to define accounts receivable, to provide a method for giving notice of assignments of accounts receivable through a recording system, etc., and for other purposes.
Referred to the Committee on Banks and Banking.

HB 331. By Messrs. Rowland of Johnson, Holley of Richmond, McGee of Chatham and others :
A Bill to be entitled an Act to amend an Act which added a new chapter to the Workmen's Compensation Law, and for other purposes.
Referred to the Committee on Industrial Relations.

HR 71-331a. By Messrs. Abney and Campbell of Walker and Hale of Dade:
A Resolution proposing an amendment so as to authorize the General Assembly to provide by law for the payment of the following sums: $80,000, $60,000, $40,000 and $20,000 to the first person, firm, partnership or corporation which puts down and brings in the first commercial oil well in the State of Georgia, and for other purposes.
Referred to the Committee on Mines and Mining.

HR 72-331b. By Messrs. Johnson and Overby of Hall, Mackay and McWhorter of DeKalb, Wood of Bibb and Otwell of Forsyth:
A Resolution to request that the lake formed by the dam now under construction near Buford, Georgia, be named and henceforth called Lake Lanier, and for other purposes.

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Referred to the Committee on Historical Research.

HR 73-33lc. By Mr. Alverson of Fulton:
A Resolution to compensate F. C. Sturmer for damages to his automobile caused by the negligence of an employee of the Georgia State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 74-33ld. By Mr. Mishoe of Tattnall:
A Resolution to compensate F. L. Pearson and D. B. Wilds for loss of cattle, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 75-33le. By Mr. McCracken of Jefferson:
A Resolution to compensate Joseph Keating and Rose Mary Keating, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 332. By Messrs. Hale of Dade, Abney and Campbell of Walker, and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 333. By Mr. Wiggins of Stephens:
A Bill to be entitled an Act to amend an Act to incorporate the City of Toccoa, and for other purposes.
Referred to the Committee on Municipal Government.

HB 334. By Mr. Wilkinson of Long:
A Bill to be entitled an Act to provide that the Ordinary of Long County shall receive $50.00 per month in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 335. By Mr. Wilkinson of Long:
A Bill to be entitled an Act to amend an Act which Act created the City Court of Ludowici, and for other purposes.
Referred to the Committee on Municipal Government.
HB 336. By Mr. Wilkinson of Long:
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 Long, and for other purposes.

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315

Referred to the Committee on Counties and County Matters.

HB 337. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to require Jury Commissioners in counties of 300,000 or more to place all tickets containing the names of traverse jurors in one box, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 338. By Messrs. Johnston and Sumner of Worth:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, and for other purposes. Referred to the Committee on Municipal Government.

HB 339. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to amend an Act creating the office of Commissioners of Roads and Revenue of Walker County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 340. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Evans County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 341. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 342. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act providing for counties having a population between 108,000 and 112,000, a county planning and zoning commission, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 343. By Messrs. Barber and Short of Colquitt:
A Bill to be entitled an Act to amend the Charter of the City of Moultrie, and for other purposes.
Referred to the Committee on Municipal Government.

HB 344. By Mr. Scott of Thomas:
A Bill to be entitled an Act to amend an Act to amend the Charter of the City of Thomasville, and for other purposes.

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Referred to the Committee on Municipal Government.

HB 345. By Messrs. Langdale and Register of Lowndes:
A Bill to be entitled an Act to incorporate the Town of Remerton, and for other purposes.

Referred to the Committee on Municipal Government. Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to the Constitution # 1, submitted the following report:

Mr. Speaker:

Your Committee on Amendments to the Constitution #1 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:

HR 57-277a. Do Pass.

SR 8. Do Pass.

SR 9. Do Pass.

SR 10. SR 11. SR 12. SR 13. SR 20.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Freeman of Monroe, Chairman.

Mr. Alverson of Fulton 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:

HR 68-310b. Do Pass.

HR 67-310a. Do Pass.

HB 309. Do Pass. SB 40. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

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317

Mr. Hollis of Muscogee County, Chairman of the Committee on General Judiciary #2, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary #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 42. Do Pass, as Amended.
Respectfully submitted,
Hollis of Muscogee,
Chairman.

Mr. Lewis of Hancock 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 186. Do Pass.
Respectfully submitted,
Lewis of Hancock,
Chairman.

Mr. Bennett of Barrow 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:
SB 24. Do Pass. SB 23. Do Pass. SB 19. Do Pass. HB 296. Do Pass. HB 292. Do Pass. HB 287. Do Pass. HB 291. Do Pass. HB 308. Do Pass.

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JOURNAL OF THE HOUSE,

HB 307. Do Pass. HB 297. Do Pass. HB 304. Do Pass.

Respectfully submitted, Bennett of Barrow, Chairman.

By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HB 186. By Mr. Kemp of Clayton: A Bill to be entitled an Act to amend an Act relating to apportionment of members of the House of Representatives among the several counties, and for other purposes.
HB 287. By Messrs. Groover, Birdsong and Lam of Troup: A Bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the City of West Point, and for other purposes.
HB 291. By Mr. Kemp of Clayton: A Bill to be entitled an Act to create and incorporate the City of Lake City, and for other purposes.
HB 292. By Messrs. Groover, Birdsong and Lam of Troup: A Bill to be entitled an Act to amend an Act to create a new charter for the City of West Point; to provide for zoning ordinances, and for other purposes.
HB 296. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to correct a typographical error in the Caption of an Act relating to the charter of the City of Louisville, and for other purposes.
HB 297. By Mr. Twitty of Mitchell: A Bill to be entitled an Act to amend an Act relating to the filing of a written demand as a prerequisite to the bringing of any suit at law or equity against any municipal corporation for injuries to person on property, and for other purposes.
HB 304. By Messrs. Cornelius and McKelvey of Polk: A Bill to be entitled an Act to amend the Charter of the City of Cedartown, and for other purposes.
HB 307. By Messrs. Scoggin, Hall and Covington of Floyd:

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319

A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, and for other purposes.

HB 308. By Messrs. Scoggin, Hall and Covington of Floyd:
A Bill to be entitled an Act to amend an Act to create a new charter and municipal government for the City of Rome, and for other purposes.

HB 309. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to provide that a member of an executive Committee of any political party or organization which may nominate candidates for political office by primary or otherwise shall be ineligible to hold other public office in counties of a certain population, and for other purposes.

HR 57-277a. By Mr. Greene of Crisp:
A Resolution proposing an amendment to provide for the division of Crisp County into School Districts, and for other purposes.

HR 67-310a. By Mr. Durham of Baker:
A Resolution requesting the State Librarian to furnish law books to the Ordinary of Baker County, and for other purposes.

HR 68-310b. By Mr. Hale of Dade:
A Resolution to authorize the State Librarian to furnish certain Supreme Court and Court of Appeals Reports to the officials of Dade County, and for other purposes.

SB 19.

By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend the Act relating to and incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.

SB 23.

By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act relating to and incorporating the Town of Thunderbolt, and for other purposes.

SB 24.

By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act relating to the Mayor and Aldermen of the City of Savannah, and for other purposes.

SB 40. By Senator Harden of the 45th:
A Bill to be entitled an Act to supplement the compensation now received by the Sheriff of Telfair County, and for other purposes.

SB 42. By Senators Cornell of the 6th, Rawls of the lOth, Carlisle of the 7th and Willingham of the 39th:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to authorize and provide a contingent expense allowance for the Judges of the Superior Courts of the Judicial Circuits of the State of Georgia, and for other purposes.

SR 8.

By Senator Strickland of the 38th:
A Resolution ratifying and approving the proposed amendment to the Constitution of the United States, relating to the terms of the office of President, and for other purposes.

SR 9.

By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters an amendment to the Constitution to authorize Chatham County to incur a bonded indebtedness for a new road to Savannah Beach, and for other purposes.

SR 10.

By Senator Grayson of the 1st:
A Resolution proposing to the qualified voters an amendment to the Constitution to authorize the City of Savannah to incur a bonded indebtedness, and for other purposes.

SR 11.

By Senator Grayson of the 1st:
A Resolution proposing an amendment to the Constitution to authorize the City of Savannah to incur a bonded indebtedness for a new hospital, and for other purposes.

SR 12. By Senator Grayson of the 1st:
A Resolution proposing an amendment to the Constitution to authorize the City of Savannah to incur a bonded indebtedness for the purpose of repairing streets, etc., and for other purposes.

SR 13. By Senator Grayson of the 1st: A Resolution proposing an amendment to the Constitution creating the "Savannah District Authority", and for other purposes.

SR 20.

By Senator Grayson of the 1st: A Resolution proposing an amendment to the Constitution to authorize Chatham County to incur a bonded indebtedness to establish a new hospital, and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:

HB 231. By Messrs. McWhorter, Mackay and Bell of DeKalb and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act by providing that in counties of a certain population, it shall not be necessary for the Clerk of the Superior Court to keep duplicate issue and motion dockets for the use of the bar, and for other purposes.

The report of the Committee, which was favorable to the passage of the

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321

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 275. By Mr. Coogle of Macon:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue for 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 277. By Messrs. Scoggin, Hall and Covington of Floyd:
A Bill to be entitled an Act authorizing the Board of Commissioners of Roads and Revenues for Floyd County to establish rules and regulations governing the payment of pensions to county employees, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 286. By Mr. Owens of Tift:
A Bill to be entitled an Act requmng all candidates for the General Assembly in counties of a certain population 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.
The report 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 289. By Messrs. Williams and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act providing for the creation of the office of Tax Commissioner of Cobb County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 290. By Mr. Rowland of Johnson:
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 Johnson, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutionat majority, was passed.

HB 293. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide that in counties of a certain population, the tax commissioner shall have the authority to appoint . an assistant 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 294. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act to change the fee system to the salary system in the County of Clayton, the Ordinary 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 295. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Lumpkin County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 38. By Senator Stephens of the 50th:
A Bill to be entitled an Act to amend an Act to supplement the salary -of the Judge of the Superior Courts of the Western 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 112, nays 0.

THURSDAY, JANUARY 25, 1951

323

The bill, having received the requisite constitutional majority, was passed.

SB 39. By Senator Stephens of the 50th:
A Bill to be entitled an Act to supplement the salary of the Solicitor General of the Western Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, 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 5. By Senators Carlisle of the 7th, Rawls of the lOth and many others: A Bill to be entitled an Act to amend an Act known as the Aid to the .Blind Act, and for other purposes.
Referred to the Committee on Aid for the Blind.
SB 6. By Senators Rawls of the lOth, Pittman of the 53rd and many others: A Bill to be entitled an Act to amend an Act to provide for the leasing of the overhead of underground rights or property not useful for railroad purposes of the Western-Atlantic Railroad, and for other purposes.
Referred to the Committee on Western and Atlantic Railroad.
SB 8. By Senators Rawls of the lOth, Connell of the 6th and many others: A Bill to be entitled an Act to establish a program of assistance to the totally and permanently disabled and to define eligibility requirements and other terms, and for other purposes.
Referred to the Committee on State of Republic.
SB lL By Senators Rawls of the lOth, Pittman of the 53rd, Mavity of the 4th and many others: A Bill to be entitled an Act to amend an Act known as the "Voters' Registration Act", and for other purposes.
Referred to the Committee on State of Republic.
SB 41. By Senators Hargreaves of the 5th, Connell of the 6th and others: A Bill to be entitled an Act to amend an Act relating to the continuance of business of a deceased by an administrator, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 51. By Senators Mashburn of the 33rd, Lancaster of the 28th and Wall of the 9th:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to transfer the duties, powers, and functions vested in the State Department of Public Welfare, and for other purposes.
Referred to the Committee on State of Republic.

SB 53. By Senators Hagan of the 17th, Mallory of the 25th and others:
A Bill to be entitled an Act recognizing alcoholism as an illness and public health problem, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 55. By Senators Bray of the 36th, Ellard of the 31st and others:
A Bill to be entitled an Act to authorize the Governor to fix the compensation of the Director of Entomology and for other purposes.
Referred to the Committee on State of Republic.

SB 56. By Senator Mashburn of the 33rd:
A Bill to be entitled an Act to amend the pre-marital examination Law, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

The following Resolution of the Senate was read and adopted:
SR 31. By Senator Edenfield of the 2nd: A Resolution appointing a Committee from the Senate and House to visit Jekyll Island and make a report to the General Assembly, and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 52. By Senators Dunn of the 8th, Millican of 52nd, Rawls of lOth and Drinkard of the 29th:
A Bill to be entitled an Act to amend Section 68-214 of the Code of Georgia 1933, providing that the number plates issued by the State Revenue Commission shall show the number of the Senatorial District in which the applicant resides; and for other purposes. Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing bas examined the following Bills and Reso-

THURSDAY, JANUARY 25, 1951

325

lutions of the House and find them properly engrossed: HB 2. HB 3. HB 5. HB 26. HB 41. HB 211. HB 209. HB 214. HB 232. HB 237. HB 240. HB 246. HB 247. HB 272. HB 273. HB 274. HB 276. Respectfully submitted, Green of Rabun, Chairman.

HB 15. By Messrs. Bell of Richmond, Page of Chatham, and Bennett of Barrow:
A Bill to amend the Code so as to provide that instruments shall be conclusively considered to be executed by the attesting officer in the state and county in which he had authority to act; and for other purposes.

HB 16. By Messrs. Bell of Richmond and Page of Chatham:
A Bill to amend Sec. 29-406 of the Code so as to provide that Notaries Public may attest instruments in any county of the State; and for other purposes.

HB 24. By Messrs. Gowen of Glynn, Lewis of Hancock and Twitty of Mitchell:
A Bill to repeal Title 22, Section 1104 of the 1933 Code, providing for service by publication on a non-resident corporation having no public place of business, no office, or agent in the State of Georgia, and for other purposes.

HB 28. By Messrs. Edenfield of Emanuel, Wheeler of Seminole, Clary of McDuffie and others:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act creating the State Hospital Authority, and for other purposes.

HB 44. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee, and others:
A Bill to be entitled an Act to amend an Act entitled "University System Building Authority", and for other purposes.

HB 56. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act granting corporate authority to the City of Americus, and for other purposes.

HB 66. By Messrs. Murr and Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act granting corporate authority to the City of Americus, and for other purposes.

HB 80. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta; to provide for the compensation of Judges and Solicitor General; and for other purposes.

HB 85. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to amend the Act creating and relative to the Board of Commissioners of Roads and Revenues of Clarke County, and for other purposes.
HB 86. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to amend an Act creating and relative to the City Court of Athens; and for other purposes.

HB 91. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing the Criminal Court of Atlanta; to provide for the compensation of the First Assistant Solicitor General, etc., and for other purposes.

HB 119. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon; and for other purposes.

HB 120. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an .Act re-enacting the charter of the City of Macon; and for other purposes.

HB 121. By Messrs. Vandiver, Clay and Wood of Bibb:
A bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon; and for other purposes.

THURSDAY, JANUARY 25, 1951

327

HB 122. By Messrs. Vandiver, Clay and Wood of Bibb: A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon; and for other purposes.

HB 124. By Mr. Jolly of Franklin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lavonia; and for other purposes.

HB 128. By Me~srs. Bentley and Williams of Cobb:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Marietta; and for other purposes.

HR 20-129b. By Mr. Boone of Wilkinson:
A Resolution to honor Lee W. Pennington by designating the .road from Gordon to Scottsboro as "Pennington Highway"; and for other purposes.

HR 19-129a. By Mr. Boone of Wilkinson:
A Resolution to honor J. W. Vinson, Sr., deceased, by designating the road from Mcintyre to Dederich as "Vinson Road"; and for ~ther purposes.

By unanimous consent, .the following Bill of the House was recommitted to the Committee on General Judiciary #2:

HB 46. By Messrs. Twitty of Mitchell, H. Smith and Alverson of Fulton, Overby of Hall, Lewis of Hancock and Greer of Lanier:

A Bill to be entitled an Act to levy a privilege tax upon recording of

certain documents, and for other purposes.



Mr. Smith of Bryan arose on a point of personal privilege and addressed the House.

Under the regular order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:

SB 1. By Senators Willingham of the 39th, Rawls of the lOth, D1inkard of the 29th, Mavity of the 44th, Dunahoo of the 27th and others:
A Bill to be entitled an Act to amend an Act to create the offices of State Highway Board, Chairman of State Highway Department, to provide for the management of county road mileage and determination thereof, and for other purposes.
Mr. Green of Cherokee moved that SB 1 be postponed until Monday, January 29th, 1951, and the motion was lost.
Mr. Twitty of Mitchell moved the previous question.
An amendment offered by Mr. Gr~er of Lanier was read and lost.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

328

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 150, nays 9. The bill, having received the requisite constitutional majority, was passed.

HB 10. By Messrs. Lewis of Hancock, Gowen of Glynn, Jackson of Jones, Smith of Emanuel, Twitty of Mitchell and Freeman of Monroe:
A Bill to be entitled an Act to amend an Act entitled "Public Safety Department", to change and increase the salaries of all Troopers and Officers up to and including Sergeant Majors, and for other purposes.
The following amendment to HB 10, was read and adopted:
Messrs. Lewis of Hancock, Gowen and Nightingale of Glynn move to amend HB 10 by adding at the end of Section 1 thereof the following words:
"Subsistence allowance shall be not less than four dollars per day for Troopers and Officers".
And the title of said bill is also amended by adding the following words in said title after the word "salaries" and before the word "of" "and provide for a minimum subsistence allowance", and substituting the word "for" in place of said "of" in said title.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 128, nays 7.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 4. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Campbell of Walker, Gowen of Glynn and Key of Jasper:
A Bill to be entitled an Act to amend an Act to prevent discrimination against residents of the State of Georgia on the subject of taxation of accounts receivable and notes not secured by real estate, and for other purposes.
Mr. Twitty of Mitchell moved that the House do now recess until 2:00 o'clock, P. M., this afternoon and the motion prevailed.

AFTERNOON SESSION
The Speaker called the House to order.
Further consideration of HB 4, was resumed.
The following amendment to HB 4, was read and adopted:
Mr. Ray of Warren moves to amend House Bill Number Four (4) by striking sub-paragraph (b) from Section 2 in its entirety of said bill and substituting in lieu thereof the following sub-section:
(b) A property tax is also,hereby levied for the year 1952 and annually thereafter at the rate of ten cents ($.10) on each one thousand ($1,000.00) dollars of the fair market value of all accounts re-

THURSDAY, JANUARY 25, 1951

329

ceivables and/or non-interest and charge bearing notes as of the first day of January, (than that subject to tax under sub-section (a) and (aa), without deduction of any indebtedness or liability of the taxpayer. A property tax is also hereby levied for the year 1951 and annually thereafter at the rate of one dollar ($1) per thousand (1,000) of the fair market value of all interest and/or charge bearing notes and instruments as of the first day of January, (than that subject to tax under sub-section (a) and (aa), without deduction of any indebtedness or liability of the taxpayer. This tax shall not apply, however, to those classes of intangible personal property explicitly excluded under the terms of Section 2 of this Act. Any sale or transfer of accounts receivable or notes not representing credits secured by real estate to a non-resident of this State shall be void so far as tax liability hereunder is concerned. Sales or transfers to non-residents of such accounts and notes receivable retaining any interest whatever to the seller shall be void as against tax liability hereunder. The physical removal of said accounts receivable and notes from the State of Georgia by any person doing business in said State shall not avoid liability for the tax herein imposed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

On the passage of the bill, Mr. Ray of Warren 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 Evans Adams of Upson Aycock Ball Barber of Colquitt Bargeron Barrett Battles Baughman Bennett Best Birdsong Black Boggus Boone Brannen Brantley Britton Burgamy Burkett Byrd Campbell of Oconee Campbell of Walker
Cates Clary Coffin Coogle Cornelius

Cranford Dally Deen Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Green of Cherokee Green of Rabun Greene of Crisp Griffith Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Hawkins Henderson

Herrin Hollis Jackson Jessup Johnson of Hall Johnston Jolly Jones of Lumpkin Kelley Kemp Kidd Kitchens Knight Langdale Lavender Leach Lewis of Greene Lewis of Hancock Lovett McCracken McGee McKelvey Mangum Mims Murphy Murr
~Iusgrove
Nelson

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JOURNAL OF THE HOUSE,

Newman Otwell Overby Owens Parker Peacock Pickett Ramsey Ray Register Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Scott Scoggin Short

Sivell Smiley Smith of Bryan Smith of Carroll Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stanton Stephens of Towns Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Todd

Trapnell Turk Twitty Vickers Waldrop Wanen Weems White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Willis Wooten

Those voting in the negative were Messrs:

Abney of Catoosa Abney of Walker Alverson Beasley Bell of DeKalb Bentley Biggers Bolton Carr

Clark Denton Greer Groover Hale Jones of Bartow Little McWhorter Mackay

Matthews Nightingale Page Pittard Tumlin Vandiver Wheeler Wood

Those not voting were Messrs.: Adams of Brantley, Barber of Jackson, Bell of Richmond, Brazeal, Brooks, Callier, Claxton, Clay, Covington, Deason, Gillis, Gowen, Graham, Green of Irwin, Harris, Hilton, Holley, Hood, Hopkins, Huddleston, Jordan, Kennedy, Key, King, Lam, Lanier, McGarity, Mishoe, Mull, Neville, Pickard, Raulerson, Risner, Sheffield, Simmons Stevens of Marion, Tippens, Ursrey, Walker of Crawford, Walker of Telfair, Wilkinson, Wright, Mr. Speaker.

By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, as amended, the ayes were 136, nays 26.
The bill, having received the requisite constitutional majority, was passed, as amended.
HB 257. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to authorize the Public Service Commission to grant special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles, and for other purposes.
The following Committee Substitute to HB 257, was read:

THURSDAY, JANUARY 25, 1951

331

A BILL
To be entitled an Act to authorize the Chairman of the State Highway Board of Georgia, or to the official of the State Highway Department of Georgia designated by the Chairman to grant special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles; to authorize the Chairman of the State Highway Board of Georgia or to the official of the State Highway Department of Georgia designated by the Chairman to refuse in its discretion any application for special permit to operate a vehicle in excess of the weight and load limits provided by law; to authorize the Chairman of the State Highway Board of Georgia or to the official of the State Highway Department of Georgia designated by the Chairman to set up the conditions under which such motor vehicles may be operated under special permit; to provide for punishments for the violation of the terms of such special permit; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:

Section l. -The Chairman of the State Highway Board of Georgia or the official of the State Highway Department of Georgia designated by the Chairman may in his discretion upon application in writing and good cause being shown therefor issue a special permit in writing authorizing the applicant to operate or move a motor vehicle or combination of vehicles, the weight of which such vehicle or vehicles and load exceeds the maximum limit specified by law, upon the public highways of this State; provided that the load transported by such vehicle or vehicles is of such nature that it is a unit which cannot be readily dismantied or separated.
Section 2. The application for any such special permit shall specifically describe the motor vehicle or vehicles and load to be operated or moved, and the particular highway for which permit to operate is requested.
Section 3. The Chairman of the State Highway Board of Georgia or the official of the State Highway Department of Georgia designated by the Chairman is authorized to withhold such permit at his discretion, or, if such permit is issued, to limit the number of trips, or to establish seasonal or other time limitation within which the vehicles described may be operated on the highway indicated, or otherwise to limit or prescribe conditions of operation of such vehicle, or vehicles, when necessary to assure against undue damage to the road foundations, surfaces or bridge structures, and require such undertaking or other security as may be deemed necessary to compensate the State for any injury to any road way or bridge structure.
Section 4. Every such special permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or state patrolman or authorized agent of the State Highway Department of Georgia.
Section 5. Any operator of any such motor vehicle operating under such special permit, or the owner of such vehicle, shall be guilty of a

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JOURNAL OF THE HOUSE,

misdemeanor if such operator or owner shall violate any of the terms or conditions of such special permit.
Section 6. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The Committee Substitute to HB 257, was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 118, nays 2.
The bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, the Clerk was directed to correct typographical errors in the following bill of the House, to wit:
HB 41. By Messrs. Ray of Warren, Campbell of Oconee, Gowen of Glynn, Rogers of Heard, Twitty and Hand of Mitchell and Smith of Emanuel:
A Bill to be entitled an Act to amend Title 92 (Public Revenue) Motor Fuel Tax Law, and for other purposes.
Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 51. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to the purchase and ownership of stocks, bonds and other investment securities by banks, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 6. By Messrs. Twitty of Mitchell, Greer of Lanier, Bargeron of Burke, Byrd of Taylor and Lewis of Hancock.
A Bill to be entitled an Act to repeal an Act with reference to application of rates and schedules of tax collectors, and for other purposes.
The following Committee Substitute to HB 6, was read:
A BILL
To be entitled an Act to amend an Act entitled, "An act to amend Section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes; to provide for the fees to be allowed taxcollectors on delinquent taxes; to provide for the time of payment of commissions to tax-receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes,"

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33.3

approved January 17, 1938 (Georgia Laws, 1937-38 Ex. Sess. Page 297), as amended, so as to change certain commissions allowed to taxcollectors or tax-commissioners; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That an Act entitled, "An Act to amend section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes; to provide for the fees to be allowed tax-collectors on delinquent taxes; to provide for the time of payment of commissions to tax-receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes", approved January 17, 1938 (Georgia Laws, 1937-38 Ex. Sess. page 297), as amended, is hereby amended by striking the provisions of Section 3 as amended and inserting in lieu thereof new provisions so that said Section 3 when so amended shall now read as follows:
"Section 3. Be it further enacted by the authority aforesaid that as far as the tax-collectors and tax-commissioners are concerned, the above rates and schedules shall apply upon the first eighty per cent of the ad valorem net digests collected by the tax-collector or tax-commissioner. On all taxes collected in excess of eighty per cent of the total of taxes due according to the taxnet digest, the tax-collectors' and taxcommissioners' commission shall be for such taxes ten per cent of all such collections, irrespective of the above and foregoing schedule and rates. Provided that in those counties where the tax-collector or taxcommissioner is paid on a salary basis, the Board of County Commissioners, or the Ordinary in those counties having no Board of Commissioners, shall have the authority by resolution to provide that the ten per cent commission provided for herein shall be applied only to those taxes collected in excess of ninety per cent of the total of taxes due according to the tax net digest. Provided, further, that in those counties where the tax-collector or tax-commissioner is paid on a salary basis, the commission provided for herein shall be paid to the tax-collector or tax-commissioner in addition to the said salary. Provided, further, that in counties having a population of 75,000 or more according to the Federal census of 1950 or any future census where the tax-collector or tax-commissioner is paid on a salary basis, the commission provided for herein shall be paid into the treasudry of such counties."
Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed.
Mr. Smith of Carroll moved that the bill be tabled. On the motion to table, Mr. Twitty of Mitchell 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.:

Abney of Catoosa Abney of Walker

Adams of Evans Aycock

Barrett Battles

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Baughman Bell of DeKalb Bell of Richmond Bennett Biggers Birdsong Bolton Boone Britton Carr Covington Denton Dicus Durden Flynt Greene of Crisp

Hadden Hale Hollis Johnson of Hall Johnston Jolly Kelley Kemp Kidd Lanier Leach Lovett McKelvey Mangum Murphy Murr

Neville Otwell Owens Parker Robertson of Dawson Scoggin Short Sivell Smith of Carroll Stocks Sumner Tillman Trapnell Vandiver Vickers White

Those voting in the negative were Messrs.:

Adams of Upson Alverson Ball Barber of Jackson Beasley Bentley Best Black Boggus Brannen Brantley Brooks
.. Byrd Campbell of Oconee Cates Clark Clary Coogle Cornelius Cranford Dally Deen Dews Dorsey Durham Edenfield Fears Freeman Garrard Graham Green of Cherokee

Green of Rabun Greer Griffith Groover Guthrie Hall of Toombs Harrell Hawkins Henderson Herrin Jackson Jones of Bartow Jones of Lumpkin Knight Langdale Lavender Lewis of Greene Lewis of Hancock Little McCracken McWhorter Mackay Matthews Mims Mull Musgrove Nelson Newman Nightingale Overby Pittard

Ramsey Ray Register Robertson of Coweta Rollins Rowland Scott Smiley Smith of Bryan M. M. Smith of Fulton Hoke Smith of Fulton Stanton
Stephens of Towns Stewart Tamplin Tarpley Terry Tippens Todd Tumlin Turk Twitty Waldrop Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Wood Wooten

Those not voting were Messrs.: Adams of Brantley, Barber of Colquitt, Bargeron, Brazeal, Burgamy, Burkett, Callier, Campbell of Walker, Claxton, Clay, Coffin, Deason, Duncan, Gardner, Gary, Gillis, Gowen, Green of Irwin, Hall of Floyd, Harper, Harris, Hilton, Holley, Hood, Hopkins, Huddleston, Jessup, Jordan, Kennedy, Key, King, Kitchens, Lam, McGarity, McGee, Mishoe, Page,

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335

Peacock, Pickard,' Pickett, Raulerson, Risner, Rogers, Sheffield, Simmons, Smith of Emanuel, Stevens of Marion, Tarbutton, Ursrey, Walker of Crawford, Walker of Telfair, Warren, Weems, Wheeler, Wilkinson, Willingham, Willis, Wright, Mr. Speaker.

By unanimous consent, verification of the roll call was dispensed with.
On the motion to table, the ayes were 54, nays 92.
The motion was lost.
Mr. McCracken of Jefferson moved the preVious question.
Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., and the motion prevailed.
Leave of absence was granted to Mr. Gardner of Dougherty for Friday, January 26th, 1951.
The Speaker announced the House adjourned until .10:00 o'clock; A. M., tomorrow morning, and HB 6 went over as unfinished business with a motion for the previous question pending.

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Representative Hall, Atlanta, Georgia, Friday, January 26, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. W. C. Chandler, Pastor, Savannah Primtive Baptist Church, Savannah, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 346. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to authorize the eligible officials and employees of the State Department of Law to become members of the "Employees Retirement System of Ga." and for other purposes.
Referred to the Committee on State of Republic.
HB 347. By Mr. Overby of Hall:
A Bill to be entitled an Act authorizing the State Highway Board to employ personnel to enforce statute laws with reference to length, size and weight of motor vehicles and trailers, authorizing said personnel to make arrests, and for other purposes.
Referred to the Committee on Motor Vehicles.

FRIDAY, JANUARY 26, 1951

337

HB 348. By Mr. Covington of Floyd:
A Bill to be entitled an Act to provide for making photostatic copies of plats, blue prints or other copies of plats of real estate on file in the offices of the Clerks of the Superior Courts, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 349. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act providing the method of the execution of surety bonds, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 350. By Messrs. Mackay and McWhorter of DeKalb, Johnson of Hall, Bentley of Cobb and many others:
A Bill to be entitled an Act to prohibit and make penal the possession, ownership, sale, intrastate transportation, shooting, discharging, or using of any explosives commonly known or included in what is commonly known as fireworks, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 351. By Messrs. Rogers of Heard, Biggers of Meriwether and Murr of Sumter:
A Bill to be entitled an Act authorizing parasitic control and eradication for Livestock, and for other purposes.
Referred to the Committee on General Agriculture #2.

HB 352 By Messrs. Nightingale of Glynn and Durden of Dougherty:
A Bill to be entitled an Act to provide that municipal corporations of the State of Georgia be empowered to levy any tax of any form or nature and without limitation provided the levy of such tax be not in conflict with the provisions of the Constitution of the Uuited States and of the State of Georgia, and for other purposes.
Referred to the Committee on State of Republic.

HB 353. By Messrs. Jones of Lumpkin, McGarity of Henry, Byrd of Taylor, Twitty of Mitchell, Ursrey of Jeff Davis and others:
A Bill to be entitled an Act to provide that the Director of Mines, Mining, and Geology shall receive a salary of $6,000.00 per annum, and for other purposes.
Referred to the Committee on State of Republic.

HB 354. By Messrs. Gary of Quitman, Best of Clay, Lovett of Laurens and Ray of Warren:
A Bill to be entitled an Act to amend an Act to create and establish a board of Funeral Service, and for other purposes.
Referred to the Committee on State of Republic.

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JOURNAL OF THE HOUSE,

HB 355. By Messrs. Smith of Carroll and Bennett of Barrow:
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, brandy, rum, whiskey, or any other distilled alcoholic beverage, and for other purposes
Referred to the Committee on Temperance.

HB 356. By Messrs. M. Smith, H. Smith and Alverson of Fulton, Bell and McWhorter of DeKalb, Jessup of Bleckley, Willingham of Lincoln, and others:
A Bill to be entitled an Act to provide that after a person has been convicted for the commission of three felonies the penalty upon conviction of such person for the commission of a fourth felony shall be life imprisonment, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 357. By Messrs. Covington, Scoggin and Hall of Floyd, Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act creating the State School Building Authority for the Deaf and Blind, and for other purposes.
Referred to the Committee on State of Republic.

HB 358. By Messrs. Abney of Walker, Hall of Floyd, Britton of Whitfield, Holley of Richmond and many others:
A Bill to be entitled an Act to amend an Act known as the "Unemployment Compensation Law," and for other purposes.
Referred to the Committee on Industrial Relations.

HB 359. By Messrs. Abney of Walker, Hall of Floyd, Britton of Whitfield, Alverson of Fulton, Kemp of Clayton and Carr of Whitfield:
A Bill to be entitled an Act to amend an Act, the same relating to "Membership in Labor Organizations-fees-requirements, contracts, illegal Acts, injunction", and for other purposes.
Referred to the Committee on Industrial Relations.

HB 360. By Messrs. Abney and Campbell of Walker, Carr of Whitfield, Hall of Floyd, Britton of Whitfield, Holley of Richmond and many others:
A Bill to be entitled an Act to amend an Act relating to how injunctions are granted, notices, hearings and restraining orders, etc., and for other purposes.
Referred to the Committee on Industrial Relations.

HB 361. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to amend the Motor Common Carriers Act,

FRIDAY, JANUARY 26, 1951

339

by providing for the application of the said Chapter to certain taxicabs, etc., and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 7G-361a. By Messrs. Henderson of Atkinson, Green of Irwin, Greene of Crisp and many others:
A Resolution to provide that all automobiles hereafter purchased by the Department of Public Safety for use as State Patrol cars by members of the Uniform Division of the Department of Public Safety shall be purchased in their original stock colors and properly identified by having a reproduction of the Georgia State Seal placed on each side of the vehicle, etc., and for other purposes.
Referred to the Committee on Public Property.

HR 77-361b. By Messrs. Boone of Wilkinson and Rowland of Johnson:
A Resolution proposing an amendment so as to authorize the General Assembly to exercise the powers of taxation for the purpose of the payment of a pension of $50.00 per month to any mother who has twelve living children, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

HR 78-361c. By Mr. Adams of Upson:
A Resolution to compensate Mr. H. E. Hartsfield, Jr. and his mother for damages and injuries received in an accident with a certain State owned vehicle driven by a State Highway Patrolman, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 79-36ld. By Mr. Pickett of Pickens:
A Resolution to provide funds to compensate Willis Rackley for the loss of one Bay Horse due to the negligence of a State Highway Patrol car, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 80-361e. By Mr. Murr of Sumter:
A Resolution authorizing compensation to Mrs. C. R. Morgan for injuries received as the result of an attack by a State prisoner; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 81-361f. By Messrs. Covington, Scoggin and Hall of Floyd:
A Resolution to compensate Millard Eugene Weaver, Clinton Brock, William Thomas, Harvey Bishop, Paul Payne and James Johnson for expenses incurred from injuries sustained in a jeep accident while in line of duty as State Militiamen in the National Guard of Georgia, and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to the Committee on Special Appropriations.

HR 82-361g. By Messrs. Parker of Baldwin, Boggus of Ben Hill and Harrell of Grady, and many others:
A Resolution proposing an amendment so as to provide that the members of the General Assembly shall be elected for four years, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

HR 83-361h. By Mr. Green of Rabun:
A Resolution to authorize the Governor and Director of the Department of Parks, to negotiate with the Ordinary of Rabun County, for the purpose of trading or swapping certain lands within the County of Rabun, and for other purposes.
Referred to the Committee on Public Property.

HB 362. By Messrs. Smith and Duncan of Carroll:
A Bill to be entitled an Act establishing a new charter for the City of Carrollton; so as to provide for the rate of taxation for school purposes, and for other purposes.
Referred to the Committee on Municipal Government.

HB 363. By Messrs. Smith and Duncan of Carroll:
A Bill to be entitled an Act to amend the charter of the City of Carrollton, and for other purposes.
Referred to the Committee on Municipal Government.

HB 364. By Messrs. Duncan and Smith of Carroll:
A Bill to be entitled an Act to amend an Act creating and adopting a new charter for the Town of Temple, and for other purposes.
Referred to the Committee on Municipal Government.

HB 365. By Messrs. Duncan and Smith of Carroll:
A Bill to be entitled an Act to amend an Act entitled "Carrollton Ad Valorem Tax Rate", and for other purposes.
Referred to the Committee on Municipal Government.

HB 366. By Messrs. Page, Hood and McGee of Chatham:
A Bill to entitled an Act to authorize the Mayor and Aldermen of the City of Savannah to incur an additional debt; to permit the Mayor and Aldermen of the City of Savannah to levy a tax upon all the taxable property, etc., and for other purposes.
Referred to the Committee on Municipal Government.

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341

HB 367. By Mr. Page of Chatham:
A Bill to be entitled an Act to amend the Charter of the Mayor and Council of the Town of Garden City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 368. By Messrs. Johnson and Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Gainesville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 369. By Messrs. Vandiver and Clay of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the charter of the City of Macon; to allow the present mayor to run for another two-year term, and for other purposes.
Referred to the Committee on Municipal Government.

HB 370. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to establish the salaries of City Court Judges in counties of not less than 108,000 and not more than 112,000 and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 371. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act to amend, consolidate and supersede the Several Acts incorporating the City of Quitman, and for other purposes.
Referred to the Committee on Municipal Government.

HB 372. By Mr. Overby of Hall: A Bill to be entitled an Act providing that owners of hunting dogs in certain specified counties of North Georgia be required to place a collar on said dogs with the name and address of owner, etc., and for other purposes.
Referred to the Committee on Game and Fish.
HB 373. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to establish the salary of the Judge and Solicitor of the City Court of Augusta, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 374. By Messrs. Hand and Twitty of Mitchell: A Bill to be entitled an Act to amend an Act entitled "Warm Air Heating Contractors", in certain counties, and for other purposes.

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Referred to the Committee on State of Republic.

HB 375. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to authorize certain cities to contract with the counties of 300,000 or more in which they are located for the operation of schools within an area of such county to be annexed to such City, and for other purposes.
Referred to the Committee on Counties and County Mattters.

HB 376. By Mr. Waldrop of Douglas:
A Bill to be entitled an Act to amend an Act incorporating the Town of Douglasville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 377. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to repeal an Act authorizing the Commissioners of Roads and Revenues of Spalding County to create and establish restricted zones or districts, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 378. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to fix the compensation of the Chairman and the members of the Board of Education in counties having a population not less than 28,427 and not more than 28,437, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 379. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to fix the compensation of the Commissioners of Roads and Revenues of Spalding County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 84-379a. By Mr. Raulerson of Pierce:
A Resolution proposing an amendment so as to provide for the division of Pierce County into school districts, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.
Mr. Nightingale of Glynn County, Chairman of the Committee on Amendments to the Constitution #2, submitted the following report:

Mr. Speaker:
Your Committee on Amendments to the Constitution #2 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 11-89b. Do Pass, by Substitute.

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343

HR 36-189c. Do Pass. HR 60-296a. Do Pass.

Respectfully submitted, Nightingale of Glynn, Chairman.

Mr. Tarbutton of Washington 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 229. Do Pass.
Respectfully submitted, Tarbutton of Washington, Chairman.

Mr. Langdale of Lowndes 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 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:

HR 53-271. Do Pass.

SB 29. Do Pass.

SB 34. Do Pass.

Respectfully submitted,

Langdale of Lowndes,

Chairman.

Mr. Rogers of Heard County, Chairman of the Committee on General Agriculture #2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture # 2 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:

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JOURNAL OF THE HOUSE,

HR 61-303a. Do Pass.

Respectfully submitted, Rogers of Heard, Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General Judiciary #2, submitted the following report:
Mr. Speaker: Your Committee on General Judiciary #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 283. Do Pass, by Substitute. HB 320. Do Not Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.

Mr. Smith of Emanuel County, Chairman of the Committee on Interstate Co-operation, submitted the following report:
Mr. Speaker: Your Committee on Interstate Co-operation 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 270. Do Pass. Respectfully submitted, Smith of Emanuel, Chairman.
Mr. Abney of Walker County, Chairman of the Committee on Mines and Mining, submitted the following report:
Mr. Speaker:
Your Committee on Mines and Mining has had under consideration the following Resolution of the House and has instructed me as Chairman, to report the same back to the House wit hthe following recommendations:
HR 71-331a. Do Pass. Respectfully submitted, Abney of Walker, Chairman.

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345

Mr. Smiley of Liberty 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 52-271a. Do Pass. HR 39-189f. Do Pass. HR 33-153c. Do Pass, as Amended.
Respectfully submitted, Smiley of Liberty, Chairman.

Mr. Smith of Carroll County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary 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 17. Do Pass. HB 187. Do Pass. HB 148. Do Pass. HB 284. Do Pass. HB 332. Do Pass. HB 306. Do Pass. HB 324. Do Pass. SB 49. Do Pass.
Respectfully submitted, Smith of Carroll, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE,

HB 298. Do Pass. HB 252. Do Pass. HB 303. Do Pass. HB 278. Do Pass. HB 282. Do Pass. SB 33. Do Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Dorsey of White County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker: Your Committee on Enrolling has examined the following Bills and Resolu-
tions of the House, and finds the same properly enrolled: HB 80. Respectfully submitted, Dorsey of White, Chairman.

By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HB 17. By Messrs. Bell of Richmond and Bennett of Barrow:
A Bill to be entitled an Act to amend an Act which relates to the application for Homestead Exemption to provide that the owner occupying his residence, applys only once; and for other purposes.
HB 148. By Mr. Hale of Dade:
A Bill to be entitled an Act to amend an Act relating to the compensation of Ordinaries, Sheriffs, Clerks of Superior Courts for public services, and for other purposes.
HB 187. By Mr. Kemp of Clayton: A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Judge of the Superior Court, Emeritus, and for other purposes.
HB 229. By Messrs. Ray of Warren, Key of Jasper, Twitty of Mitchell, Smith of Emanuel and Tarbutton of Washington:

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347

A Bill to be entitled an Act to amend an Act known as an Act to authorize the establishment and maintenance of common trust funds, to define the rights, powers and duties of fiduciaries, etc., and for other purposes.

HB 252. By Messrs. Hand of Mitchell, Gillis of Treutlen, Jordan of Wheeler. Hilton of Montgomery, Garrard of Wilkes, and many others:
A Bill to be entitled an Act to provide that any name placed on General Election ballot must have been nominated in a primary election, and for other purposes.

HB 270. By Messrs. Dicus and Hollis of Muscogee:
A Bill to be entitled an Act to make uniform the procedure on Interstate Extradition and providing comity with other States in relation to prisoners and fugitives from justice, and for other purposes.

HB 278. By Messrs. Hand of Mitchell, Murr and Burgamy of Sumter, Rogers of Heard and Stewart of Haralson :
A Bill to be entitled an Act to create Vocational Trade School Building Authority, and for other purposes.

HB 282. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to the salary of the Secretary of the Georgia Public Service Commission, and fpr other purposes.

HB 283. By Messrs. Hale of Dade and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act to extend, fix and prescribe a right to redeem property sold under an execution issued for the collection of taxes or special assessments, and for other purposes.

HB 284. By Messrs. Tarpley of Union, Twitty of Mitchell, Murr of Sumter and Overby of Hall.
A Bill to be entitled an Act to amend an Act relating to the punishment of the crime of rape, and for other purposes.

HB 298. By Mr. Garrard of Wilkes:
A Bill to be entitled an Act to authorize the fixing of the compensation of the physicians and attorneys at law who serve on a Commission of Lunacy, and for other purposes.

HB 303. By Mr. Overby of Hall:
A Bill to be entitled an Act to establish the Governor's Safety Coordinating Committee and to provide who shall compose its membership, and for other purposes.

HB 306. By Messrs. Wheeler of Seminole, Baughman of Early, Best of Clay, Gary of Quitman and others:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act to abolish the fee system now existing in the Superior Courts of the Pataula Judicial Circuit, and for other purposes.

HB 324. By Messrs. Johnson and Overby of Hall and Smith of Carroll:
A Bill to be entitled an Act to repeal an Act, to provide for cause of challenge in all civil and criminal causes, and for other purposes.

HB 332. By Messrs. Hale of Dade, Abney and Campbell of Walker, and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating the Lookout Judicial Circuit, and for other purposes.

HR ll-89b. By Messrs. Adams of Evans, Edenfield of Emanuel, Gowen of Glynn, Hall of Floyd, Overby of Hall and others:
A Resolution providing for the elimination of ad valorem taxes for state purposes, except in certain instances, and for other purposes.

HR 33-153c. By Mr. Overby of Hall:
A Resolution to provide funds to compensate King Clarence Bryant for injuries sustained by accident caused by the negligent operation of Milledgeville State Hospital Tractor-Trailer, and for other purposes.

HR 36-189c. By Mr. Key of Jasper:
A Resolution to propose an amendment to the Constitution to limit the levy of any sales or use tax to 3%, and for other purposes.

HR 39-189f. By Messrs. Vandiver, Clay and Wood of Bibb:
A Resolution providing compensation for J. E. Bostwick, and for other purposes.

HR 52-27la. By Messrs. Gardner of Dougherty and Twitty of Mitchell:
A Resolution to compensate Jeff Rose for damages to automobile, and for other purposes.

HR 53-271b. By Messrs. Matthews of Clarke, Brooks of Oglethorpe, Dally of Walton, Stanton of Newton, Scoggin of Floyd, and others:
A Resolution to ascertain why the split season dove hunting regulation was abandoned in Georgia when it is allowed in other states, and for other purposes.

HR 60-296a. By Mr. Tarpley of Union:
A Resolution proposing an amendment to the Constitution to provide for the division of Union County into School Districts, and for other purposes.
HR 61-303a. By Messrs. Johnson and Overby of Hall:

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349

A Resolution to provide for a Committee to consult with the officials of neighboring states for the purpose of developing and promoting the Poultry and Egg Industry of the State, and for other purposes.

HR 71-331a. By Messrs. Abney and Campbell of Walker and Hale of Dade:
A Resolution proposing an amendment to the Constitution to provide a bonus to the first person bringing in an oil well in the State, and for other purposes.

SB 29.

By Senators Harden of the 45th, Pittman of the 53rd and Dunn of the 8th.
A Bill to be entitled an Act ao amend an Act which now makes it a misdemeanor to use dynamite or other explosives or destructive substances for the purpose of killing fish, and for other purposes.

SB 33. By Senators Carlisle of the 7th, Gould of the 4th, Wilson of the 23rd, Drinkard of the 29th and others.
A Bill to be entitled an Act to create the State Office Building Authority, and for other purposes.

SB 34.

By Senators Pittman of the 53rd, Hargreaves of the 5th, Deen of the 46th, and others:
A Bill to be entitled an Act assenting to the provisions of the Act of Congress, entitled an Act to provide that the U. S. shall aid the States in fish restoration and management problems, and for other purposes.

SB 49.

By Senators Trotter of the 37th, Farrar of the 42nd and Ellard of the 31st.
A Bill to be entitled an Act to repeal an Act which provides for the punishment for one found guilty of the offense of involuntary manslaughter, and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 287. By Messrs. Groover, Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the City of West 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 291. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to create and incorporate the City of Lake City, and for other purposes. The report of the Committee, which was favorable to the passage of the

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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 292. By Messrs. Groover, Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of West Point, to provide for zoning ordinances, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 296. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to correct a typographical error in the Caption of an Act relating to the charter of the City of Louisville, and for other purposes.
The report 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 304. By Messrs. Cornelius and McKelvey of Polk:
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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 307. By Messrs. Scoggin, Hall and Covington of Floyd:
A Bill to be entitled an Act to amend an Act creating a new charter and municipal government for the City of Rome, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 308. By Messrs. Scoggin, Hall and Covington of Floyd:
A Bill to be entitled an Act to amend an Act to create a new charter and municipal government for the City of Rome, and to define the corporate limits, and for other purposes.

FRIDAY, JANUARY 26,' 1951

351

The report of the Committee, which was favorable to the passage of the bill, \vas agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 233. By Messrs. McWhorter, Mackay and Bell of DeKalb:

A Bill to be entitled an Act to amend an Act creating the Municipal

Court of Atlanta, to provide for the territorial jurisdiction of the Civil

Court of DeKalb County, arid for other purposes.

.

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

On the passage of the bill, the ayes were 110, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 68-310b. By Mr. Hale of Dade:
A Resolution to authorize the State Librarian to furnish certain Supreme Court and Court of Appeals Reports to the officials of Dade County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 111, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 67-310a. By Mr. Durham of Baker:
A Resolution requesting the State Librarian to furnish law books to the Ordinary of Baker 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 112, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 23. By Senator Grayson of the 1st:

A Bill to be entitled an Act to amend an Act relating to and incorporating the Town of Thunderbolt, and for other purposes.

The report 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.

SB 24. By Senator Grayson of the 1st:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act relating to and incorporating 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 19. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend the Act relating to and incorporating 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 115, 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 52. By Senators Dunn of the 8th, Millican of the 52nd, Rawls of the lOth and others. A Bill to be entitled an Act to amend Section 68-214 of the Code of 1933, to provide that the number plates issued by the State Revenue Commission shall show the number of the Senatorial District; and for other purposes.
The following Communication was filed: Tax Revision Committee State of Georgia Atlanta
William M. Lester, Director
January 23, 1951
The Honorable The President of the Senate:
The Honorable The Speaker of the House of Representatives:
Gentlemen: Additional recommendations have been made by the Tax Revision Committee
since their report was filed with you in 1950. I am accordingly attaching hereto

FRIDAY, JANUARY 26, 1951

353

copy of the resolution adopted by the Committee on November 14, 1950. It is the hope of the Committee that their recommendations will assist you
in finding a solution for our revenue problems.
Respectifully submitted,
William M. Lester,
Director.

A RESOLUTION
WHEREAS, It has become evident to the Tax Revision Committee that the people of Georgia desire additional and expanded State services, particularly in the fields of education, highway improvement, public welfare, and public health, and
WHEREAS, Information and investigation discloses that in order to finance the Minimum Foundation Program for Education, the improvements of our existing system of highways, bridges, and program of new Highway construction over the State, as well as improved welfare and health services, will require not less than $75,000,000.00 in additional revenue, and
WHEREAS, The Tax Revision Committee, after many months of study, has reached a conclusion, and
WHEREAS, It is the desire of the Tax Revision Committee to make known its recommendations:
THEREFORE, BE IT RESOLVED by the Tax Revision Committee that the following be their recommendations to the General Assembly of the State of Georgia for raising the required revenue at the next session of the General Assembly:

RECOMMENDATION NUMBER 1:
The Tax Revision Committee recommends to the General Assembly for consideration the adoption of a 3 per cent consumer retail sales and use tax, without exemptions.

RECOMMENDATION NUMBER 2:
Your Committee on Tax Revision recommends that if additional revenue is needed, over and above the amount calculated to be produced by Recommendation Number 1, that the General Assembly consider a revision of the present income tax law, by co-ordinating such tax with the sales tax imposed so as to equalize the taxation in producing the revenue required.

RECOMMENDATION NUMBER 3:
We further recommend that the General Assembly give consideration to the following:
1. Abandoning the taxation of property by the State.
2. Clarifying the duties of the State Revenue Commissioner with a provision for an Assistant Commissioner.

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JOURNAL OF THE HOUSE,

3. The substitution of a transaction tax on all notes, security deeds, bonds, certificates of stock and other indentures at a reasonable rate for the present intangibles tax.
4. The filing of a more complete and detail annual financial report by all corporations with the Secretary of State.
5. Authorizing cities and counties to impose a crown tax on beer and wine.
6. The repeal of all unnecessary "so-called nuisance licenses or taxes".
Under the order of unfinished business, the following Bill of the House was again taken up for consideration:

HB 6.

By Messrs. Twitty of Mitchell, Greer of Lanier, Bargeron of Burke, Byrd of Taylor and Lewis of Hancock:
A Bill to be entitled an Act to repeal an Act with reference to application of rates and schedules of tax collectors, and for other purposes.

By unanimous consent, further consideration of HB 6, was postponed until Wednesday, January 31st, 1951, and the motion prevailed.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 249. By Messrs. Hand and Twitty of Mitchell: A Bill to be entitled an Act to amend an Act entitled "Housing Cooperation 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.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
Bills of the House and Senate to wit:
HB 200. By Messrs. Langdale and Register of Lowndes. A Bill to be entitled an Act to amend the charter of the Town of Hahira, and for other purposes.
HB 198. By Mr. Lavender of Elbert: A Bill to be entitled an Act to amend an Act which provided for one Commissioner for the County of Elbert, and for other purposes.

FRIDAY, JANUARY 26, 1951

355

HB 197. By Mr. Dally of Walton:
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 Walton, and for other purposes.

HB 196. By Mr. Lavender of Elbert:
A Bill to amend an Act which provides for one Commissioner for the County of Elbert, and for other purposes.

HB 199. By Mr. Kemp of Clayton:
A Bill to create and incorporate the City of Riverdale, and for other purposes.

HB 195. By Messrs. Bolton and Harper of Spalding:
A bill to amend an Act known as the Griffin Retirement Pensions Act, and for other purposes.

HB 193. By Mr. Coffin of Schley:
A Bill to provide for the election of the Board of Commissioners of Roads and Revenues of Schley County, and for other purposes.

HB 192. By Messrs. Register and Langdale of Lowndes:
A Bill to amend the Charter of the City of Valdosta, and for other purposes.

HB 191. By Mr. Hall of Toombs:
A Bill to amend an Act creating a new charter for the City of Vidalia, and for other purposes.

HB 161". By Messrs. Durden and Gardner of Dougherty:
A Bill to amend the Act creating and establishing a new charter for the City of Albany, and for other purposes.

HB 160. By Mr. Walker of Telfair:
A Bill to supplement the compensation now received by the Clerk of the Superior Court of Telfair County, and for other purposes.

HB 159. By Mr. Walker of Telfair:
A Bill to amend an Act to create a new charter for the Town of Lumber City, and for other purposes.

HB 157. By Messrs. Carr and Britton of Whitfield:
A Bill to amend an Act incorporating the City of Dalton, and for other purposes.

356

JOURNAL OF THE HOUSE,

HB 14. By Messrs. Bell of Richmond, Page of Chatham and Bennett of Barrow:
A Bill to amend the Code of Georgia of 1933, relating to recording of deeds shall be presumed to be executed in the State and County of the official attesting witness, notwithstanding the caption to the contrary, and for other purposes.

SB 60.

By Mr. Rawls of the lOth:
A Bill to require liability and indemnity insurers to pay the loss recovered by a judgment in favor of the injured in excess of the amount of the policy if the insurer has had an opportunity to settle the loss with the injured within the amount of the policy before a suit to recover the loss sustained is instituted by the injured or their legal representatives and fails to do so; to repeal conflicting laws; and for other purposes.

HB 190. By Messrs. Page, Hood and McGee of Chatham:
A Bill to amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, and for other purposes.

HB 169. By Mr. Black of Webster:
A Bill to amend an Act approved August 28, 1931, (Georgia Laws 1931, pages 597-608), as amended by Act approved February 22, 1943, so as to provide compensation to the Commissioner for expenses incurred while on County business outside of the county, and so as to provide an increase of the compensation of the Clerk, and other purposes.

HB 168. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act to carry into effect in the City of Atlanta the provisions of the amendment to the Constitution of the State of Georgia ratified October 2, 1912, relating to the creation of the Municipal Court of Atlanta and later amended and now known as the Civil Court of Fulton County, and for other purposes.
HB 165. By Mr.Rowland of Johnson:
A Bill to amend an Act to establish the City Court of Wrightsville, and for other purposes.
HB 164. By Messrs. Newman and Wright of Ware:
A Bill to amend an Act to create the office of Commissioner of Roads and Revenues of the County of Ware, and for other purposes.

HB 163. By Messrs. Durden and Gardner of Dougherty:
A Bill providing for the merger of the existing independent school system of the City of Albany and the existing school district in the County of Dougherty, and for other purposes.
HB 162. By Messrs. Durden and Gardner of Dougherty: A Bill to amend an Act establishing a new charter for the City of

FRIDAY, JANUARY 26, 1951

357

Albany, and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed as amended by the requisite constitutional majority
the following Bill and Resolution of the House to wit:
HB 83. By Mr. Herrin of Echols: A Bill to amend an Act providing for the dividing of Echols County into three Commissioner Districts, and one Commissioner from each District, and for other purposes.
HR 18. By Messrs. Twitty and Hand of Mitchell: A Resolution to provide for the furnishing of certain lost or destroyed Georgia Report and Code to Mitchell County; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 18-89a. By Messrs. Hand and Twitty of Mitchell: A Resolution to provide for the furnishing of certain lost or destroyed Georgia Report and Code to Mitchell County, and for other purposes.
The following Senate amendment to HR 18-S9a, was read:
The Committee on General Judiciary offered the following amendment:
Amend HR 18 by striking therefrom the following language "a complete set of the Code of Georgia Annotated".
Mr. Twitty of Mitchell moved that the House agree to the Senate amendment. On the motion, the ayes were 103, nays 0.
The Senate amendment to HR 18-89a was agreed to.
Under the regular order of business, the following Bills and Resolution of the House and Senate, were taken up for consideration and read the third time:
SB 37. By Senator Farrar of the 42nd and Senator Willingham of the 39th: A Bill to be entitled an Act to amend an Act relating to reapportionment of members of the House of Representatives, etc., 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 106, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 250. By Messrs. Twitty and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Housing Authorities 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 253. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to validate and declare legal the creation and establishment of housing authorities, all bonds, notes, contracts, agreements, obligation and undertakings of said housing authorities, and for other purposes.
The report 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.

HR 32-153b. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Resolution to approve, confirm and ratify a lease agreement by and between the W & A Railroad Commission and Peachtree-Whitehall, Inc., for the lease of the overhead rights over the W & A Railroad right--ofway, etc., and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., Monday morning and the motion prevailed.

Leaves of absence were granted to Messrs. McGarity of Henry and Brannen of Dooly.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday morning.

MONDAY, JANUARY 29, 1951

359

Representative Hall, Atlanta, Georgia, Monday, January 29, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. R. C. Johnson, Pastor, New Providence Baptist Church, Guyton, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of Friday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolution, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 380. By Overby of Hall:
A Bill to be entitled an Act to repeal an Act relating to trade-marks, labels and advertising, the counterfeiting or imitating thereof, etc., and for other purposes.
Referred to the Committee on State of Republic.
HB 381. By Messrs. Otwell of Forsyth, Ursrey of Jeff Davis, Kemp of Clayton, Wiggins of Stephens, Overby of Hall and others:
A Bill to be entitled an Act to authorize and direct the Georgia Department of Commerce to establish and maintain welcome information stations at the main highway entrances into this State, and for other purposes.

360

JOURNAL OF THE HOUSE,

Referred to the Committee on Commerce.

HB 382. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act relating to county line schools, etc., and for other purposes.
Referred to the Committee on Educaton # 1.

HB 383. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", and for other purposes.
Referred to the Committee on State of Republic.

HR 85-383a. By Messrs. Parker and Kidd of Baldwin:
A Resolution authorizing the Governor to sell or otherwise dispose of and execute conveyances to certain property on the old State Prison Farm property at Milledgeville, and for other purposes.
Referred to the Committee on Public Property.

HR 87-383c. By Mr. Barber of Jackson:
A Resolution by the House of Representatives, the Senate concurring, that the State Highway Department is hereby ordered and directed to pay to Paul E. King the sum of $340.00 as compensation for damages, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 88-383d. By Mr. Bolton of Spalding:
A Resolution authorizing the Adjutant General to enter into a contract with the City of Griffin, concerning the use of a certain trust fund now held by said City as Trustee, for the local Military Company, etc., and for other purposes.
Referred to the Committee on Military Affairs.

HB 384. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act relating to the public schools in the City of Tallapoosa, and for other purposes.
Referred to the Committee on Municipal Government.

HB 385. By Messrs. Gowen and Nightingale of Glynn.
A Bill to be entitled an Act to fix the salary of the Tax Commissioner of Glynn County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 386. By Messrs. Battles and Clark of Decatur, Harrell of Grady, Durham of Baker, Durden of Dougherty, Twitty of Mitchell and Dews of

MONDAY, JANUARY 29, 1951

36'1

Calhoun.
A Bill to be entitled an Act to change the times of holding the Superior Court of Decatur County, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 387. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act to create the City Court of Springfield, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 388. By Mr. Kitchens of Twiggs:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 389. By Mr. Coogle of Macon:
A Bill to be entitled an Act to provide that the tax receiver in counties having a population of not less than 14,180 or more than 14,200, shall be paid from ad valorem school tax collected, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 390. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act to incorporate the City of Buchanan, and for other purposes.
Referred to the Committee on Municipal Government.
HB 391. My Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act by providing that in counties having a population of not less than 14,645 and not more than 14,780, the amount of compensation payable to the members of county boards of education shall not exceed $7.50 per diem for each days actual service, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 392. By Messrs. Kemp of Clayton and Weems of Chattooga:
A Bill to be entitled an Act requiring all candidates for the General Assembly in counties having a population between 21,150 and 21,300 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.
Referred to the Committee on Counties and County Matters.
HB 393. By Mr. Gary of Quitman:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act to provide for the compensation of the Treasurer of Quitman County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 394. By Messrs. Sumner and Johnston of Worth:
A Bill to be entitled an Act to amend an Act to create and establish a board of Commissioners of Roads and Revenues of Worth County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 395. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; to provide the City of Atlanta may lease a strip of land to the Atlanta Tennis Development Fund, and for other purposes.
Referred to the Committee on Municipal Government.

The following Resolution of the House was filed on Friday, January 26, 1951:
HR 86-383b. By Mr. Kidd of Baldwin:
A Resolution to provide for a sub-committee of the University of Georgia Committee to investigate and recommend to the House any measures whatsoever to improve the Medical College of the University System of Georgia and Georgia State College for Women, and for other purposes.
By unanimous consent, HR 86-383b, was withdrawn from further consideration of the House.
Mr. Alverson of Fulton 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 377. Do Pass.
HB 370. Do Pass.
HB 341. Do Pass. HB 340. Do Pass. HB 342. Do Pass.
HB 334. Do Pass. HB 337. Do Pass.

MONDAY, JANUARY 29, 1951

363

HB 373. Do Pass. HB 379. Do Pass. HB 375. Do Pass. HB 378. Do Pass. HB 242. Do Pass, by Committee Substitute. HB 245. Do Pass, by Committee Substitute. HB 243. Do Pass, by Committee Substitute. HB244. Do Pass, by Committee Substitute.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Dorsey of White County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker: Your Committee on Enrolling has examined the following Bills and Reso-
lutions of the House, and finds the same properly enrolled: HB 9. HB 12. HB 13. HB 55. HB 57. HB 58. HB 60. HB 62. HB 64. HB 65. HB 67. HB 68. HB 69. HB 70. HB 71. HB 72. HB 73. HB 74.

364
HB 81. HB 87. HB 88. HB 123. HB 125. HB 126. HB 127. HR 46. HB 85. HB 86.

JOURNAL OF THE HOUSE,
Respectfully submitted, Dorsey of White, Chairman.

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker: Your Committee on Engrossing has examined the following Bills and Reso-
lutions of the House and find them properly engrossed: HB 233. HB 249. HB 250. HB 253. HB 287. HB 291. HB 292. HB 296. HB 304. HB 307. HB 308. HR 32-153b. HR 67-310a. HR 68-310b. HB 4. HB 10.

HB 51. HB 231. HB 257. HB 275. HB 277. HB 286. HB 289. HB 290. HB 293. HB 294. HB 295.

MONDAY, JANUARY 29, 1951

365

Respectfully submitted, Green of Rabun, Chairman.

By unanimous consent, the following Bills of the House, favorably reported were read the second time:
HB 242. By Messrs. Dicus, Pickard and Hollis of Muscogee: A Bill to be entitled an Act to amend an Act to create the Board of Commissioners of Roads and Revenues of the County of Muscogee, and for other purposes.
HB 243. By Messrs. Dicus, Pickard and Hollis of Muscogee: A Bill to be entitled an Act to amend an Act creating a Municipal Court of Columbus, and for other purposes.
HB 244. By Messrs. Dicus, Pickard and Hollis of Muscogee: A Bill to be entitled an Act to amend an Act establishing a City Court in Columbus, and for other purposes.
HB 245. By Messrs. Dicus, Pickard and Hollis of Muscogee: A Bill to be entitled an Act to amend an Act establishing a City Court in Columbus, and for other purposes.
HB 334. By Mr. Wilkinson of Long: A Bill to be entitled an Act to provide that the Ordinary of Long County shall receive $50.00 per month in addition to fees, and for other purposes.
HB 337. By Messrs. Alverson, H. Smith and M. Smith of Fulton:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to require Jury Commissioners in counties of a certain population to place all tickets containing the names of traverse jurors in one box, and for other purposes.

HB 340. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Evans County, and for other purposes.

HB 341. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act establishing the City Court of Claxton, and for other purposes.

HB 342. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act providing for counties of a certain population, a planning and zoning commission, and for other purposes.

HB 370. By Messrs. Bell, Holley and Graham of Richmond: A Bill to be entitled an Act to establish the salaries of City Court Judges in counties of a certain population, and for other purposes.
HB 373. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to establish the salary of the Judge and Solicitor of the City Court of Augusta, and for other purposes.
HB 375. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to authorize certain cities to contract with the counties of a certain population, for the operation of schools to be annexed to such city, and for other purposes.

HB 377. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to repeal an Act authorizing the Commissioners of Roads and Revenues of Spalding County to create and establish restricted zones or districts, and for other purposes.

HB 378. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to fix the compensation of the Chairman and members of the Board of Education in counties of a certain population, and for other purposes.

HB 379. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to fix the compensation of the Commissioners of Roads and Revenues of Spalding County, and for other purposes.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

MONDAY, JANUARY 29, 1951

367

HB 332. By Messrs. Hale of Dade, Abney and Campbell of Walker, and Weems of Chattooga:
A Bill to be entitled an Act to amend an Act creating the Lookout 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 306. By Messrs. Wheeler of Seminole, Baughman of Early, Best of Clay, Gary of Quitman, and others:
A Bill to be entitled an Act to amend an Act to abolish the fee system now existing in the Superior Courts of the Pataula 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 40. By Senator Harden of the 45th:
A Bill to be entitled an Act to supplement the compensation now received by the Sheriff of Telfair County, and for other purposes.
The repo1t 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 60. By Senator Rawls of the lOth:
A Bill to be entitled an Act to require liability and indemnity insurers to pay the loss recovered by a judgment in favor of the insured in excess of the amount of the policy if the insurer has had an opportunity to settle the loss with the injured within the amount of the policy before a suit to recover the loss sustained is instituted by the injured or their legal representatives and fails to do so, and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the following Bills of the House were recommitted to the Committee on Counties and County Matters:
HB 378. By Messrs. Bolton and Harper of Spalding:

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A Bill to be entitled an Act to fix the compensation of the Chairman and the members of the Board of Education in counties of a certain population, and for other purposes.

HB 379. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to fix the compensation of the Commissioners of Roads and Revenues of Spalding County, and for other purposes.

Under the regular order of business, the following Resolution of the House was taken up for consideration and read the third time:
HR 54-27tc. By Messrs. Matthews and Pittard of Clarke, Smith of Emanuel, Ray of Wanen, Campbell of Oconee and Tamplin of Morgan:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VII, Section I, Paragraph II, of the Constitution of the State of Georgia so as to provide for the creation of a State Medical Education Board; to prescribe its duties and authority; to provide for loans and scholarships to students desiring to study medicine and to engage in the practice of medicine; to provide for the terms and conditions of such loans or scholarships; to provide for the recipients of such loans or scholarships to practice medicine in this State; to authorize the General Assembly to provide funds to carry out the purposes of this resolution; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That Article VII, Section I, Paragraph II of the Constitution of the State of Georgia shall be amended by adding at the end thereof a new paragraph as follows, to-wit:
"That there is hereby created a board to be known as the State Medical Education Board to consist of five members, one of whom shall be the President of the Georgia Medical Association, one of whom shall be the immediate past President of the Georgia Medical Association, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the board shall hold office for a term of four years beginning on the first day of April, 1953, and every four years thereafter the Governor shall appoint three members for a term of four years, and shall appoint the President and the immediate Past President of the Georgia Medical Association pursuant to their position and office in those respective capacities. Vacancies shall be filled by appointment of the Governor for the unexpired term.
The members of the Board shall serve without pay but shall be allowed $7.50 per day expenses and travelling expenses for five cents (5) per mile for attending meetings of the board or in travelling elsewhere in the discharge of their duties requiring their absence from their respective places of above, same to be paid upon the approval of the chairman or vice-chairman of the Board, out of any funds made

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available to said board.
The secretary of the board shall be whomsoever is serving as the secretary of the Board of Regents, who shall keep the records and minutes of the proceedings of the board and who shall also keep the books, records and accounts of the board and whose compensation as secretary of this board shall not exceed the sum of $2,400.00 per annum payable monthly. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the funds of the board, and the same shall be signed by the chairman of the board. The secretary shall also be the treasurer of the board and shall keep and account for all the funds of the board, and shall execute and file with the board a surety bond in the sum of $10,000.00, payable to the State of Georgia, and conditioned upon the faithful performance of his duties and that he shall properly account for all funds coming into his hands as such secretary, the premium on such bond to be paid out of the funds of the board. He shall devote his full time to the duties of his office.
The board may employ clerical assistance as is required and needed.
The board shall elect a chairman and also a vice-chairman to serve in the absence or inability of the chairman. The Board shall maintain an office at the Medical College of Georgia, and shall meet at the said office or elsewhere at least once each quarter at such time as may be fixed by the board. Special meetings shall be held upon call of the chairman. Three members of the Board shall constitute a quorum for the transaction of business, and the board shall keep full, complete and permanent minutes and records of all its proceedings and actions.
It shall be the duty of the board to receive and pass upon, allow or disallow all applications for loans or scholarships made by students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are acceptable for enrollment in a qualified four-year medical school. The purpose of such loans shall be to enable such appli(:ants to obtain a standard fouryear medical education which will qualify them to become licensed, practicing physicians within the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character and qualifications of each applicant and determine his fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant which it deems proper, and the said board may prescribe such rules and regulations as it deems necessary and proper to carry out the purpose and intention of this bill. The investigation of the applicant shall include an investigation of the ability of the applicant, or of the parents of such applicant, to pay his own tuition at such a medical school and the board in granting such loans and scholarships shall give preference to qualified applicants who, or whose parents, are unable to pay the applicant's tuition at such a medical school.
The said board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same, a loan or scholarship for the purpose of acquiring a medical education as herein provided for, upon such terms and conditions to be imposed by the board as provided for in this bill.

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Applicants who are granted loans or scholarships by the board shall receive a loan not to exceed $5,000.00 to any one applicant to be paid in annual installments not exceeding $1,500.00 per annum, with which to defray his or her tuition and other expenses in any reputable, accepted and accredited four-year medical college or school in the United States, or a scholarship in such medical college or school for a term not exceeding four years, the cost of such scholarship not to exceed $5,000.00 same to be paid at such time and in such manner as may be determined by the board. The loans and scholarships herein provided shall not exceed the sums herein stated, but they may be prorated in such manner as to pay to the medical school to which any applicant is admitted such funds as are required by that school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the Board. The said loans or scholarships to be granted to each applicant shall be based upon tl1e condition that the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the state on such loan or scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the State of Georgia in services to be rendered by the applicant by practicing his profession at some place within the State of Georgia to be approved by the board. One fifth of the loan or scholarship, together with interest thereon, to be credited to the applicant for each year of practicing his profession, in a community of 5000 population or less, according to 1950 census, and no annual interest on the scholarship loan shall be paid during such practice or service. After the second full year of practice or service within this State as herein provided, but not before, the said applicant shall be privileged to pay off the balance of the scholarship loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship.
Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia, agreeing to the terms and conditions upon which the loan or scholarship shall be granted to him, which said contract shall include such terms and provisions as will carry out the full purpose and intent of this act and the form thereof shall be prepared and approved by the attorney general of this state, and shall be signed by the chairman of the board, countersigned by the secretary, and shall be signed by the applicant. For the purposes of this act the disabilities of minority of all applicants granted loans or scholarships hereunder shall be and the same are hereby removed and the said applicants are declared to be of full lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by any applicant is hereby declared to be a valid and binding contract the same as though the said applicant were of the full age of 21 years and upward. The board is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the board on any such contract.
It shall be the duty of the board to contact and make inquiry of such of the four-year medical colleges and schools as herein provided as it deems proper, and make such arrangements and enter into such contracts, within the limitations as to cost as herein provided, for the admission of students granted loans or scholarships by the board,

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371

such contracts to be approved by the attorney general of this state, and the money obligations of such contract as made by the board with any such colleges shall be paid for out of funds to be provided by law for such purposes, and all students granted loans or scholarships shall attend a medical school with which the board has entered into a contract, or any accredited four-year medical school or college in which said applicant may obtain admission, and which is approved by the board.
The board shall have authority to cancel any contract made between it and any applicant for loans or scholarships upon cause deemed sufficient by the board. And the board shall have authority to cancel such contracts which it may lawfully cancel made with any of the colleges or schools as herein provided.
All payments of funds for loans or scholarships hereunder shall be made by requisition of the board signed by the chairman and the secretary directed to the auditor of public accounts, who shall thereupon issue a warrant on the treasury of the State of Georgia for the amount fixed in the requisition and payable to the person designated thereon, which said warrant upon presentation shall be paid by the treasurer out of any funds appropriated by the Legislature for the purposes provided for under this act.
All funds made available to the board by act of the Legislature for the purpose of defraying expenses of the board and the salaries of its secretary and employees shall be paid over and received by the treasurer of this board and by him deposited in some solvent bank within the State of Georgia, selected by the board, and such funds may be drawn and expended by check or warrant signed by the chairman and attested by the secretary.
The board shall make a biennial report to the Legislature at each session thereof of its activities, loans or scholarships granted, names of persons to whom granted and the institution attended by those receiving the same, the location of the applicants who have received their education and become licensed physicians and surgeons within this state as a result of the said loans and/or scholarships, and where they are practicing, and shall make a full report of all of its expenditures for salaries and expenses incurred hereunder.
It is the purpose and intent of this bill to bring about an adequate supply of doctors of medicine in the more sparsely populated areas of the State of Georgia by increasing the number of medical students from Georgia in the various medical schools, and inducing a sufficient number of the graduates from medical schools to return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia."
Section 2. Be it resolved by the General Assembly of the State 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 journal 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 1952, 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

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ratification of amendment to Article VII, Section I, Paragraph II of the Constitution, so as to authorize the General Assembly to provide for scholarships to medical students who agree to practice medicine in the State of Georgia". Those voting against the ratification herein p1oposed shall have written or printed on their ballots the words "Against ratification of amendment to Article VII, Section I, Paragraph II of the Constitution, so as to authorize the General Assembly to provide for scholarships to medical students who agree to practice medicine in the State of Georgia. If a majority of the electors qualified to vote for members of the General Assembly voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia.
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.:

Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Best Birdsong Black Boggus Bolton Boone Brantley Britton Brooks Burgamy Byrd Campbell of Oconee Cates Clark Clary Claxton Clay Coffin

Coogle Covington Cranford Dally Deason Deen Denton Dews Dicus Dorsey Duncan Durham Edenfield Fears Flynt Freeman Gardner Gillis Gowen Graham Green of Irwin Green of Rabun Greene of Crisp Greer Groover Guthrie Hadden Hall of Toombs Harper Harrell Harris Henderson

Hilton Holley Hollis Hood Hopkins Huddleston Jackson Jessup Johnson of Hall Jones of Lumpkin Jordan Key Kidd Kitchens Lavender Lewis of Greene Lewis of Hancock McCracken McWhorter Mangum Matthews Mims Murphy Murr Musgrove Nelson Neville Nightingale Otwell Owens Page

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373

Parker Pickard Pickett Pittard Ramsey Raulerson Ray Risner Robertson of Coweta Robertson of Dawson Rollins Rowland Scott Scoggin Simmons Sivell

Smiley Smith of Carroll Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Tillman Tippens Todd Trapnell

Twitty Vandiver Vickers Waldrop Walker of Telfair Warren Wheeler Whitworth Wiggins Wilkes Wilkinson Williams of Cobb Williams of Houston Willingham Willis Wood

Those voting in the negative were Messrs.:

Lanier

Little

Terry

Those not voting were Messrs.: Abney of Catoosa, Ball, Barber of Colquitt, Bennett, Bentley, Biggers, Brannen, Brazeal, Burkett, Callier, Campbell of Walker, Carr, Cornelius, Durden, Garrard, Gary, Green of Cherokee, Griffith, Hale, Hall of Floyd, Hawkins, Herrin, Johnston, Jolly, Jones of Bartow, Kelley, Kemp, Kennedy, King, Knight, Lam, Langdale, Leach, Lovett, McGarity, McGee, McKelvey, Mackay, Mishoe, Mull, Newman, Overby, Peacock, Register, Rogers, Sheffield, Short, Smith of Bryan, Stanton, Tarbutton, Tumlin, Turk, Ursrey, Walker of Crawford, Weems, White, Wooten, Wright, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 143, nays 3.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following Resolution of the House was read and adopted:
HR 89. By Messrs. Page and Hood of Chatham:
A RESOLUTION
WHEREAS, it has been brought to the attention of the membership of the House of Representatives that Woodrow McDaniels, the son of the sister of our colleague, the Honorable George McGee of Chatham, has been called to his reward by an all wise providence; NOW
THEREFORE BE IT
RESOLVED by the House of Repesentatives that we mourn the passing of this young man.
BE IT FURTHER RESOLVED by the House of Representatives and each member thereof that the deepest and sincerest sympathy of each member of said House be extended to the said Honorable George

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McGee and his family in their hour of bereavement.
BE IT FURTHER RESOLVED, that a copy of this Resolution be given to the Honorable George McGee and his sister.

Under the regular order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 14. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act to incorporate the Ocean Steamship Company 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 251. By Messrs. Twitty and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Housing Allc thorities Law", and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:
HR 90. By Messrs. Sheffield of Brooks, Brazeal of Terrell, Carr of Whitfield, Brannen of Dooly, Jessup of Bleckley, Hood and Page of Chatham and many others.
A RESOLUTION
WHEREAS, the United States Senate has seen fit to appoint a former member and Speaker of the Georgia House of Representatives and a former Governor of this great empire State of the South as Chairman of the Senate Armed Services Committee; and
WHEREAS, the Honorable Richard B. Russell has served in a distinguished manner both this State and our Nation in almost every governmental capacity, and through these services has gained the esteem and confidence of people the country over; and
WHEREAS, this important committee deals with all phases of the activities of our Army, Air Force, Navy, and Marine Corps, and it is of utmost importance in this hour of threatened danger that this Committee function properly; and
WHEREAS, able leadership is essential to this important as~ign ment; NOW THEREFORE BE IT
RESOLVED by the House of Representatives, the Senate concur-

MONDAY, JANUARY 29, 1951

375

ring, that the United States Senate be commended in its appointment of one of the country's ablest statesmen to be Chairman of the Senate Armed Service Committee in these trying times.
BE IT FURTHER RESOLVED that copies of this Resolution be sent to the Honorable Albin W. Barkley, Vice-President, United States Senate and Senator Richard B. Russell.

Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 180. By Messrs. Claxton of Camden and Gowen of Glynn:
A Bill to be entitled an Act authorizing the construction by Fernandina Port Authority of toll roads in the State of Georgia, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, 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 considering the unfavorable report of the Committee:

HB 320. By Messrs. Adams of Upson and Peacock of Dodge:
A Bill to be entitled an Act to provide that in all cases in which a defendant would heretofore be sentenced to death by electrocution, it shall be mandatory upon the trial judge to direct that the defendant be sentenced to 99 years and a day, and for other purposes.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 170. By Messrs. Vandiver, Clay and Wood of Bibb and Carr of Whitfield:
A Bill to be entitled an Act to amend an Act to provide for an investigation and report to the Superior Court in which an adoption petition is filed, and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

HB 94. By Messrs. Overby and Johnson of Hall, Bennett of Barrow, Duncan of Carroll, Green of Rabun and others:
A Bill to be entitled an Act to amend the Peace Officers' Annuity and Benefit Fund Act of 1950, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, Mr. Overby of Hall moved the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Messrs. :

Abney of Walker Adams of Upson Alverson Bargeron Baughman Bell of Richmond Bennett Best Birdsong Black Boggus Brazeal Britton Brooks Burgamy Byrd Callier Cates Clark Coffin Cranford Deason Dews Dicus Duncan Durham Edenfield Freeman Gardner Gillis Gowen Graham Green of Irwin Green of Rabun

Greene of Crisp Greer Griffith Hall of Toombs Harrell Henderson Holley Hood Hopkins Johnson of Hall Jones of Bartow Jones of Lumpkin Key Kidd King Kitchens Lanier Lavender Lewis of Greene Lewis of Hancock McCracken McGee Matthews Mims Mishoe Mull Murphy
Murr Nelson Neville Otwell Overby Owens Peacock

Those voting in the negative were Messrs. :

Adams of Brantley Barber of Jackson Battles Beasley Bolton Brantley Burkett Clay Coogle Dally Deen Denton

Dorsey Durden Fears Flynt Groover Harper Hollis Little Lovett McWhorter Musgrove Nightingale

Pickett Pittard Raulerson Robertson of Coweta Robertson of Dawson Rowland Scott Sheffield Sivell Smiley Smith of Carroll Smith of Emanuel Stephens of Towns Stevens of Marion Stewart Stocks Tamplin Tarpley Tillman Todd Trapnell Twitty Walker of Telfair Warren Wheeler Whitworth Wilkes Wilkinson Williams of Cobb Willingham Willis
Page Pickard Ramsey Rollins Simmons M. M. Smith of Fulton Sumner Terry Waldrop Williams of Houston Wood

MONDAY, JANUARY 29, 1951

377

Those not voting were Messrs. :Abney of Catoosa, Adams of Evans, Aycock, Ball, Barber of Colquitt, Barrett, Bell of DeKalb, Bentley, Biggers, Boone, Brannen, Campbell of Oconee, Campbell of Walker, Carr, Clary, Claxton, Cornelius, Covington, Garrard, Gary, Green of Cherokee, Guthrie, Hadden, Hale, Hall of Floyd, Harris, Hawkins, Herrin, Hilton, Huddleston, Jackson, Jessup, Johnston, Jolly, Jordan, Kelley, Kemp, Kennedy, Knight, Lam, Langdale, Leach, McGarity, McKelvey, Mackay, Mangum, Newman, Parker, Ray, Register, Risner, Rogers, Scoggin, Short, Smith of Bryan, Hoke Smith of Fulton, Stanton, Tarbutton, Tippens, Tumlin, Turk, Ursrey, Vandiver, Vickers, Walker of Crawford, Weems, White, Wiggins, Wooten, Wright, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 99, nays 35.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Overby of Hall gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 94.

HB 95. By Messrs. Overby of Hall, Bennett of Barrow, Duncan of Carroll, Matthews of Clarke, Johnson of Hall, Mull of Fannin and Pickett of Pickens.
A Bill to be entitled an Act to reorganize the Military Forces of this State, to conform the organization and discipline to the requirements of the United States, and for other purposes.

Mr. Twitty of Mitchell moved that the House do now 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., this afternoon.

AFTERNOON SESSION
The Speaker called the House to order. Further consideration of HB 95, was resumed. The report 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 115. By Messrs. Rollins and Biggers of Meriwether:
A Bill to be entitled an Act relating to the practice of Physical Therapy by registered physical therapists, and for other purposes.
The following amendment to HB 115, was read and adopted:
Mr. Twitty of Mitchell moves to amend HB 115 by striking the following language in Section 13 in next to the last sentence, to-wit:

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"medicine, osteopathy, chiropractic or" and add the following at end of said sentence to wit: "as authorized by the laws of Georgia".
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 324. By Messrs. Johnson and Overby of Hall and Smith of Carroll:
A Bill to be entitled an Act to repeal an Act to provide that in all civil and criminal causes, it shall be good cause of challenge that a juror has expressed an opinion as to which party ought to prevail, 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 31. By Messrs. Campbell of Oconee, Tamplin of Morgan, Dally of Walton and Cates of Burke:
A Bill to be entitled an Act requiring purchasers of milk or dairy products on a butter fat basis to make bi-weekly butter fat tests, and for other purposes.

The following Committee Substitute to HB 31, was read:

A BILL
To be entitled an Act reqmrmg purchasers of milk or dairy products on a butter fat basis to make semi-weekly butter fat tests, and to provide for the forwarding of the results of these tests to the seller and to the State Department of Agriculture and the retention of the sample from which the test is made; to provide for using the results of these tests in evidence in the courts of this State, and to provide the penalty for any person, firm or corporation failing to give this report or for giving any false report of the butter fat content of milk or dairy products or for manipulating in any way the butter fat test so as to give an incorrect per cent of butter fat; to make violations of this Act and regulations pursuant thereto a misdemeanor; to provide for the cancellation or suspension of the license of any person violating the provisions of the Act; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That on and after the passage of this Act all persons, firms or corporations purchasing milk or dairy products on a basis which includes the use of butter fat tests as a determining factor of the price shall make butter fat tests at least twice a week on separate

MONDAY, JANUARY 29, 1951

379

days. Such tests shall be made in a manner as may be provided by law and the rules and regulations prescribed by the Commissioner of Agriculture. The result of these butter fat tests shall be returned at least twice a week to those from whom the said milk or dairy products were purchased, and the said return shall bear the date on which the sample was taken in determining the butter fat content; in addition thereto, the return shall show the identity of the producer and the person, firm or corporation making the test. A copy of each return shall be forwarded at the same time by mail to the Chief of the Veterinary Service for the Department of Agriculture of the State of Georgia. The sample of milk or dairy product used in determining said butter fat content for each return shall be retained by those making the return for a period of forty-eight hours from the date of the return.
Section 2. That the said butter fat content returns or the copies thereof may be introduced in the Courts of this State as evidence of the reported or alleged butter fat content of the milk or dairy products concerned.
Section 3. That the Commissioner of Agriculture and the Chief of the Veterinary Service are hereby authorized and directed to make and cause to be published such rules and regulations as are necessary to carry out the provisions of this Act.
Section 4. Any person, firm or corporation purchasing or selling milk or dairy products on a basis which includes the use of butter fat tests as a determining factor of the price who shall be found guilty of failing to give the returns called for in Section 1 of this Act, or of giving any false statement, report or return of the butter fat content of the milk or dairy products bought or sold, or who shall be found guilty of in any way manipulating the butter fat tests so as to give a higher or lower per cent of butter fat than the actual content in the milk or dairy products concerned, or of violating the rules and regulations made pursuant to this Act, shall be guilty of a misdemeanor and punished as for a misdemeanor; and further the permit or license of such person, firm or corporation shall be subject to suspension or cancellation by the Chief of Veterinarian Service -of the Department of Agriculture.
Section 5. Provided that if any section, paragraph or clause of this Act shall be held unconstitutional that it shall not affect the validity of the remaining parts of this Act.
Section 6. That all laws and parts of laws in conflict with this Act shall be and the same are hereby repealed.

The following amendment to the Committee Substitute to HB 31, was read and adopted:
Mr. Campbell of Oconee moves to amend Substitue to HB 31, by:
Striking the words, "Such tests shall be made in a manner as may be provided by law and the rules and regulations prescribed by the Commissioner of Agriculture", from Section 1 and inserting in lieu thereof the following:
"Such tests shall be made in the manner prescribed by law and

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the Commissioner of Agriculture is hereby given the authority to promulgate rules and regulations regarding such tests, provided rules and regulations do not conflict with the provisions of law relating thereto". and by:
Striking the words "A copy of each return shall be forwarded at the same time by mail to the Chief of the Veterinary Service for the Department of Agriculture of the State of Georgia", from Section 1 and inserting in lieu thereof the following:
"A copy of each return shall be retained by those making the return for a period of 60 days from the date of the return." and by:
Striking Section 3 in its entirety. and by:
Re-numbering Section 4, 5 and 6 as Section 3, 4 and 5.
The Committee Substitute to HB 31, was adopted, as amended.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 100. By Mess1s. Freeman of Monroe and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to the cession to the United States, by deleting therefrom the provision that the State retains its civil and criminal jurisdiction over persons and citizens in the ceded territory, and for other purposes.
The report 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 135. By Mr. Stewart of Habersham:
A Bill to be entitled an Act to provide that it shall be unlawful for the owner or person in possession of land in this State to have or maintain an abandoned well or hole with a depth of five feet or more on such land, and for other purposes.

The following amendments to HB 135, were read and adopted:
Mr. Campbell of Oconee moves to amend HB 135, by:
Striking from Section 2 of said Act the following words: "covered with at least four (4) inches of concrete, reinforced with steel or "iron," and substituting in lieu thereof the following words: "adequately covered with some durable material," so that said section, as amended, shall read as follows:

MONDAY, JANUARY 29, 1951

381

"Section 2. That any abandoned well or hole with a depth of five (5) feet or more located on any land in this State not adequately covered with some durable material extending at least two (2) feet from all edges of the well or pit opening shall be deemed an open abandoned well or hole within the meaning of this Act." Mr. Lam of Troup moves to amend HB 135, as follows:
By adding a new section thereto which shall read as follows:
"Section 7. That the provisions of this Act shall not apply to stone, marble, or slate quarries or to sand or gravel pits and the like", and those abandoned shall be enclosed by an adequate fence.
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 96, nays 10.
The bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Stewart of Habersham gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 135.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., and the motion prevailed.

Leave of absence was granted to Mr. Wright of Ware.

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

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Representative Hall, Atlanta, Georgia. Tuesday, January 30, 1951.

The House mE:t pursuant to adjurnment at 10:00 o'dock, A.M., this day and was called to order by the Speaker.

Prayer was offHed by the Chaplain, Rev. R. C. Johnson, Pastor, New Providence Baptist Church, Guyton, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had bten read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as thf:' order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. RE:port of Standing Committees. 4. Second reading of Bills and Resolution, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and refere~tce of Senate Bills and Resolutions. 7. That thf:' Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 396. By Messrs. Stocks of Lee and Greene of Crisp: A Bill to be entitled an Act to regulate the manntr of taking minnowil to use for bait, and for other purposes.
Referred to the Committee on Game and Fish.
HB 397. By Messrs. Ray of WarrE:n, Clary of McDuffie, Garrard of Wilkes, Willingham of Lincoln and others: A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Judge of the Superior Court, Emeritus, and for other purposes.
Rtferred to the Committee on General Judiciary #2.

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383

HB 398. By Mr. Cates of Burke:
A Bill to be entitled an Act to amend an Act so as to provide that prisoners committed to the Milledgeville State Hospital for the Insane shall remain at said hospital until th:ir sanity is restored, and for other purposes.
Referred to the Committee on State Sanitarium.

HB 399. By Messrs..Johnson and Overby of Hall: A Bill to be entitled an Act to amend an Act which relates to the >county tax for roads, etc., and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 400. By Messrs. Ray of Warren, McCracken of Jefferson, Brooks of Ogl:thorpe, Matthews of Clarke and many others: A Bill to be 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 Highway officials, and for other purposes.
Referred to the Committee on Motor V :hicles.
HB 401. By Mr. Bennett of Barrow:
A Bill to be entitled an Act to provide for the appropriation of $25,000.00 for the development, operation and maintenance of Fort Yargo Park in Barrow County, and for other purpos:s. Referred to the Committee on Special Appropriations.
HB 402. By Messrs. Cates and Bargeron of Burke, Ray of Warren and Campbell of Oconee: A Bill to be :ntitled an Act to amend an Act known as the Motor Fuel Tax Law; to provide for the identification of gasoline used for agricultural purposes, and for other purposes.
Referred to the Committee on Ways and Means.
HR 91-402a. By Mr. Harris of Wayne: A Resolution cancelling execution issued on a bond forfeiture by City of Jesup, and for other purposes.
Referred to the Committee on General Judiciary #1.
HR 92-402b. By Mr. Walker of Telfair: A Resolution to authorize the State Board of Corrections to reimburse T. J. Wells for damages to his automobiles, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 93-402c. By Messrs. Warren of Washington, FrE:eman of Monroe, Rowland

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JOURNAL OF THE HOUSE,

of Johnson, Tumlin of Bartow and Green of Cherokee. A Resolution to encourage the State Highway Department to pay the Highway laborers the minimum wag~ of seventy-five cents (75c) per hour, and for other purposes.
Referred to the Committee on State of Republic.

HR 94-402d. By Messrs. Sheffield of Brooks, Leach of Roekdale, Braz~al of Terrell and Lanier of Candler:
A Resolution to provide special license tags for the members of th~ Congressional delegation, and for <>ther purposes.
Referred to the Committ~e on State of Republic.

HB 403 By Messrs. Register and Langdale of Lowndes:
A Bill to be entitled an Act to amend the Cha1ter of the City of Valdosta; to authorize th~ levy and collection of a tax by said City upon consumers of electricity, gas and other products and serviices of Public Utility Companies, and for other purposes.
Referred to the Committee on Municipal Governm~nt.

HB 404. By Mr. Harris of Wayne: A Bill to be entitled an Act to amend an Act establishing the City Court of Jesup, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 405. By Mr. Kemp of Clayton. A Bill to be entitled an Act to amend an Act to incorporate the Town of Forest Park, and for other purposes.
Referred to the Committee on Municipal Governm~nt.
HB 406. 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 othH purposes.
Referred to the Committee on Municipal G<>vernment.
HB 407. By Mr. Denton of Paulding: A Bill to be entitled an Act to amend an Act to create a new charter for thE> town of Dallas, and for other purposes.
Referred to the Committee on Municipal Government.
HB 408. By Messrs. Trapnell and Neville of Bulloch: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Statesboro, and for other purposes.
Referr~d to the Committee on Municipal Government.

TUESDAY, JANUARY 30, 1951

385

HB 409. By Messrs. Alverson, H. Smith and M. .Smith of Fulton:
A Bill to be entitled an Act to provide for the appraisal of real property and improvements attached thereto in Fulton County and the City of Atlanta by an ind&pendent qualified agency, and for other puropses.
Referred to the Committee on Counties and County Matters.

HB 410. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to fix the salary of the Judge of Juvenile Courts in counties having a population of 300,000 or more; to provide for its payment out of the county treasury, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 41L By Messrs. Smith and Duncan of Carroll:
A Bill to be entitled an Act to amend the Act establishing the City Court <>f Carrollton, so as to increase the salary of the Judge of said Court, and for other PUrPOSes.
Referred to the Committee on Municipal Government.

HB 412. By Messrs. B&ll, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors in counties having a population of not less than 108,000 and not more than 112,000, and for other purposes.
RE:ferred to the Committee on Counties and County Matters.

HB 413. By Messrs. Johnson and Overby 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 the Committee on Municipal Gov&rnment.

HB 414. By Messrs. Johnson and Overby of Hall:
A Bill to be entitled an Act to repeal an Act relating to the payment of Goron&rs in counties having a certain population, and for other purPoses.
Referred to the Committee on Counties and County Matters.

HB 415. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act by providing that in counties having a population of 300,000 or more, the clerk of the Superior Court may keep certain records by microfilm or other photographic process, and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Alverson of Fulton County, Chairman of the Committee on Counties

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JOURNAL OF THE HOUSE,

and County Matters, submitted the following report:

Mr. Speaker: Your Committee on Counties and County Matt~::rs has had under considera-
tion 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 336. Do Pass. HB 310. Do Pass. HB 394. Do Pass. HB 393. Do Pass. HB 392. Do Pass. HB 389. Do Pass. HB 391. Do Pass. HB 388. Do Pass. HB 387. Do Pass. HB 385. Do Pass.
Resp~::ctfully submitted, Alverson of Fulton, Chairman.

Mr. Gillis of Treutlen County, Chairman of the Committee on Motor Vehicles, submitted the follQwing report:
Mr. Speaker: Your Committee on Motor Vehicl~::s 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 reCQmmendations:
HB 328. Do Pass, as Amended. HB 347. Do Pass.
Resp~::ctfully submitted, Gillis of Treutlen, Chairman.

Mr. Bennett of Barrow County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker: Your CQmmittee on Municipal Government has had under consid~::ration the
following bills of the House and has instructed me as Chairman, to report the

TUESDAY, JANUARY 30, 1951

387

same back to the House with the following recommendations: HB 344. Do Pass. HB 288. Do Pass. HB 335. Do Pass. HB 365. Do Pass. HB 343. Do Pass. HB 36'8. Do Pass. HB 333. Do Pass. HB 362. Do Pass. HB 345. Do Pass. HB 338. Do Pass. Respectfully submitted, Bennett of Barrow, 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 Bill 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. Respectfully submitted,
McCracken of Jefferson, Chairman.

Mr. Ray of Warren 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 fol-
lowing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 42. Do Pass, by Substitute. Respectfully submitted,
Ray of Warren, Chairman.

388

JOURNAL OF THE HOUSE,

Mr. Dorsey of White County, Chairman of thE:o Committee on Enrolling, submitted the following report:

Mr. Speaker: Your Committee on EnrQlling has examined the following Bills and Reso-
lutions of the House, and finds the same propE:orly enrolled: HB 15. HB 16. HB 24. HB 28. HB 44. HB 56. HB 66. HB 91. HB 119. HB 120. HB 121. HB 122. HB 124. HB 128. HB 159. HB 160. HB 161. HB 162. HB 163. HB 164. HB 165. HB 168. HB 169. HB 61. HB 63. HB 84. HB 190. HB 191. HB 192.

HB 193. HB 195. HB 196. HB 197. HB 198. HB 199. HB 200. HR 18-89a. HR 19-129a. HR 20-129f.

TUESDAY, JANUARY 30, 1951

389

Respectfully submitted, Dorsey of White, Chairman.

By unanimous consent, the following Bills of the House, favorably reported, were read the second time:
HB 264. By Messrs. Twitty of Mitchell, Alverson and Smith of Fulton, Groover of Troup and Adams of Brantley: A Bill to be entitled an Act to regulatf: the profession of Hairdresser or Cosmetologist; and for other purposes.
HB 228. By Messrs. Pickard, Hollis and Dicus of Muscogee: A Bill to be entitled an Act to regulate and permit the practice of law by the Judges of the City Court of Columbus, and for other purposes.
HB 310. By Messrs. Hood and Page of Chatham: A Bill to be entitled an Act to amf:nd an Act to create and organize Commissioners of Chatham County, and for other purposes.
HB 328. By Messrs. Jessup of Bleckley, Stewart of Habersham, Kemp of Clayton, Kitchens of Twiggs and many others: A Bill to be entitled an Act to provide for the issuance by the State Revenue Commission of Special License Tags to Motor Vehicle owners who operate amateur 1adio stations, and for other purposes.
HB 333. By Mr. Wiggins of Stephens: A Bill to be entitled an Act to amend an Act to incorporate thf: City of Toccoa, and for other purposes.
HB 335. By Mr. Wilkinson of Long:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act which Act created the City Court of Ludowici, and for other purposes.

HB 336. By Mr. Wilkinson of Long:
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 Long, and for other purposes.

HB 338. By Messrs. Johnston and Sumner of Worth: A Bill to be entitled an Act to amend an Act to create a new charter for the City of SylvestE:r, and for other purposes.
HB 343. By Messrs. Barber and Short of Colquitt: A Bill to be entitled an Act to amend the Charter of the City of Moultrie, and for other purposes.

HB 344. By Mr. Scott of Thomas:
A Bill to be entitled an Act to amend an Act entitled an Act to amend the Charter of the City of Thomasville, and for other purposes.
HB 345. By Messrs. Langdale and Register of Lowndes:
A Bill to be entitled an Act to incorporate the Town of Remerton, and for other purposes.
HB 347. By Mr. Overby of Hall:
A Bill to be entitled an Act authorizing the State Highway Board to employ personnel to enforce statute laws with reference to length, size and weight of motor vehicles and trailers, authorizing said personnel to make arrests, and for other purposes.

HB 362. By Messrs. Smith and Duncan of GarroII:
A Bill to be entitled an Act establishing a new charter for the City of Carrollton, to provide for the rate of taxation for S<:hool purposes, and for other purposes.
HB 365. By Messrs. Duncan and Smith of Carroll:
A Bill to be entitled an Act to amend an Act entitled "Carrollton Ad Valorem Tax Rate", and for other purposes.

HB 368. By Messrs. Johnson and Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to the charter of the City of Gainesville, and for other purposes.
HB 385. By Messrs. Gowen and Nightingale of Glynn: A Bill to be entitled an Act to fix the salary of the Tax Commissioner of Glynn County, and for other purposes.

TUESDAY, JANUARY 30, 1951

391

HB 387. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act to create the City Court of Springfield, and for other purposes.

HB 388. By Mr. Kitchens of Twiggs:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Rev:nues for the County of Twiggs, and for other purposes.

HB 389. By Mr. Coogle of Macon:
A Bill to b1 entitled an Act to provide that the tax receiver in counties of a certain population, shall be paid from ad valorem School tax collected, and for other purposes.

HB 391. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act to provide that in counties of a certain population, the members of the Board of Education shall be paid $7.50 per diem for each day actual service, and for other purposes.

HB 392. By Messrs. Kemp of Clayton and Weems of Chattooga:
A Bill to be entitled an Act requiring all candidates for the General Assembly in counties of a certain population to name their incumbent opponents, and for other purposes.

HB 393. By Mr. Gary of Quitman:
A Bill to be entitled an Act to amend an Act to provid: for the compensation of the Treasurer of Quitman County, and for other purposes.

HB 394. By Messrs. Sumner and Johnston of Worth:
A Bill to be entitled an Act to amend an Act to create and establish a board of Commissioners of Roads and Revenues of Worth County, and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third tim::
HB 242. By Messrs. Dicus, Pickard and Hollis of Muscogee: A Bill to be entitled an Act to amend an Act to create the Board of Commissioners of Roads and Revenues of the County of Muscogee, and for other purposes.
The following Committee Substitute to HB 242, was r:ad:
A BILL TO BE ENTITLED AN ACT to amend an Act entitled, "An

392

JOURNAL OF THE HOUSE,

Act to amend an Act entitled an Act to create the Board of Commissioners of Roads and Revenues of the County of Muscogee," approved August 24, 1872, as amended by an Act approved February 20, 1875, and as amended by an Act approved October 13, 1885, so as to provide for holding regular and called sessions; to provide that the Board shall keep minutes and other books and records open for public inspection during reasonable hours; to provide for the publication of quarterly financial statements of receipts and disbursements; to provide for the eligibility of the members of the board, and to prescribe an oath and to provide for the giving of bonds by said members; to provide for the continuation in office of the present members of the board and the extension of their terms of office until the first of January, next, after the expiration of their terms of office under the existing laws; to provide for the election of their successors by the qualified voters of Muscogee County and for the election by the qualified voters of Muscogee County biennially thereafter of one member of the board for a term of six years, to provide compensation for the member of said board after the first day of January, 1924, to provide for the filling of vacancies in said board, occurring from death, resignation or otherwise; to more definitely and clearly define the rights, powers and duties of the members of said board; to provide for the submission of this Act to a vote of the qualified electors of Muscogee County, for their ratification or rejection, at an election to be held subsequent to the passage of this Act, under regulations herein prescribed; to provide a method of recall of com-missioners; to provide penalties; to make others and further amendments; and for other purposes.
To provide by this amendment for the repealing of Section 3 of the Acts of 1923, which IS recorded on page 292 of Georgia Laws of 1923, and marked on the margin thereof, "New Section 3. Vacancies, how filled," and to create a new section to be known as Section 3 of said amended .Act; to provide for special elections to fill vacancies that may occur on the Board of Roads and Revenues in Muscogee County, Georgia; to provide that the Ordinary may call special elections to fill vacancies on said board, and to provide that the Ordinary may appoint some competent person to fill such vacancies until an election may be had for such purpose; to provide for the repealing of all laws and parts of laws in conflict with this amendment; 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 3 of the Georgia Laws of 1923, recorded on page 292 of said laws, which reads as follows:
.Section 3. Any vacancies occurring on said commission from death, resignation, or otherwise shall be filled by appointment of the Governor of the State of Georgia, who shall issue a commission to such appointee upon his or her qualification, and such appointee shall hold office to fill such vacancy until the next general State election after the occurring of such vacancy, and at such general State election the qualified voters of said county shall elect the successor of said member who has died, resigned, or otherwise become disqualified, such persons so elected shall hold office until the expiration of the term of the

TUESDAY, JANUARY 30, 1951

393

member who died, resigned, or otherwise became disqualified; Provided, in the event that any such vacancy should occur lE:ss than twenty days before the date of the next general State election, such appointee shall hold office until the qualification of a successor to be elected at the second general election following the occurrence of such vacancy; provided, further, that if the member so dying, resigning, or otherwise becoming disqualified, shall be the same member whose term next expires, such appointee of the Governor shall hold office only until the qualifications of the successor of such member being elected at the next general election," be and the same is hereby repealed in its entirety, and a new section is he:reby enacted and to be known as Section 3, and to read as follows:
"Section 3. It shall be the duty of the Ordinary, in the case of a vacancy in the office of Commissioner of Roads and Revenues, to call an election to be held for the purpose of electing someonE> to fill said vacancy, and it is further provided that the person elected at said election shall serve on said board for and during the term of the board member who resigned or otherwise caused such vacancy, and it is further providE:d that the Ordinary of Muscogee County shall call an election not less than twenty days from the date of said vacancy nor more than thirty-five days from the date of said vacancy. It is further provided that it shall be the duty of the Ordinary to prepare ballots in sufficient number for the purpose of holding said special election, and it is further made the duty of the Ordinary to see that sufficiE:nt number of said ballots are placed in the hands of the managers of said election in each voting precinct of sai dcounty at least twenty-four hours before the voting begins in said special election, and it is further provided that the expenst of holding said election shall be a charge against the Treasury of Muscogee County, Georgia. It is further provided that the returns of said election shall be made to the Ordinary of said county, whose duty it shall be to announce the results of said election, and it is further provided that the person elected at said special election shall hold his office until his succtssor is elected and qualified. Said special election shall otherwise be held under the same rules and regulations as is now provided by law for special elections. Be it further provided that should any part of this Act be held to be unconstitutional by a court of competent jurisdiction, it shall not affect the validity of the remaining portions of said Act. It is further provided that the person appointed by the Ordinary as herein provided shall hold office only until his successor is elected and qualified."
Stction 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed.
Be it further enacted by the authority aforesaid that the General Assembly advises upon investigation and so declares that the notice of intention to apply for the enactment of this Bill was published in the manner required by Article III, Section 7, Paragraph 15, of the Constitution of Georgia of 1945.
A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof.

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JOURNAL OF THE HOUSE,

The Committee Substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes wen: 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, by susbtitute.

HB 243. By Messrs. Dicus, Pickard and Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act creating a Municipal Court of Columbus, and for other purposes.
The following Committee Substitute to HB 243, was read:

A BILL
To be entitled An Act to amend An Act of the Georgia Legislature of 1915, (Ga. Laws 1915, pp. 6'3-69) which was a bill creating the Municipal Court of Columbus, and entitled "An Act to abolish justice courts and the office of justice of the peace and notary public ex-offico justice of the peace, and to establish and create in lieu thereof a Municipal Court in and for the City of Columbus, and County of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge and of other officers thereof; to define their powers and duties, and to fix their compensations; to provide for rules of procedure and new trials in said court, and writs of error therefrom, and for other purposes"; to provide for striking and repealing Section 9 of the Act of the Georgia Legislature of 1915 (Ga. Laws 1915, pp. 63-69), said Section 9 appearing on page 66 of said Georgia Laws; to provide for enacting a new Section to be known as Section 9; to provide for temporary appointments by the Ordinary; to provide for calling elections to fill vacancies; to provide for repealing all laws and parts of laws in conflict with this amendment; 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 9 of the Act of the Georgia Legislature of 1915 (Ga. Laws 1915,) which reads as follows:
"Section 9. Be it further enacted by the authority aforesaid; That every vacancy in the office of the judge of said municipal court, occasioned by death, resignation or other cause, shall be filled by appointment of the Governor, by and with the consent of the Senate, until the first day of January, after th: regular State election, held in and for the County of Muscogee, next, after the expiration of thirty days from the time said vacancy occurs, at which election a successor for the unexpired term shall be elected; provided, however, that should a vacancy occur when the Senate is not in session, the Governor shall appoint to fill such vacancy and submit such appointment for confirmation to the Senate which shall next thereafter convene," is hereby repealed in its entirety.

TUESDAY, JANUARY 30, 1951

395

Section 2. That a new section is hereby enacted to be known as Section 9, and to read as follows:
"Section 9. Be it enacted, and it is hereby enacted by the authority aforesaid that when a vacancy occurs in the office of Judge of said Municipal Court it shall be the duty of the Ordinary of Muscogee County, Georgia to call an election for the purpose of filling said vacancy. Further provided, that said election shall be called not less than twenty (20) days from the date of said vacancy and not more than thirty-five (35) days from thE; date of said vacancy. It is further provided that the person receiving the majority of the votes, if otherwise qualified, shall be declared elected, and to serve the unexpired term caused by such vacancy. It is further provided that it shall be the duty of the Ordinary to have sufficient number of ballots prepared and to distribute said ballots to every voting precinct in said county for the purpose of holding said election. It is further provided that the return of said election shall be made to the Ordinary of said county, who shall announce the result of said election. It is provided further that said election in all respects shall be held under and governed by thE; laws of this State pertaining to special election. It is further provided that the Judge of said court shall be commissioned by the Governor of Georgia." Section 3. It is further provided that should any part of this amendment be held by a court of competent jurisdiction to be unconstitutional, or unenforceable for any reason, the remainder of said Act is to continue of full force and effect.
Section 4. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed.
Section 5. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and so declares that the notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section VII, Paragraph XV of the Constituntion of Georgia of 1945, a copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof.
The Committee Substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 104, nays 0.
The bill, having receivE;d the requisite constitutional majority, was passed, by substitute.

HB 244. By Messrs. Dicus, Pickard and Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act establishing a City Court of Columbus, Georgia, and for other purposes.
The following Committee Substitute to HB 244, was read:

A BILL To be entitled an Act to amend an Act of the Georgia Legislature

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of 1888-89 (Georgia Laws 1888-89, pages 1158-9), approved October 11, 1889, entitled, "An Act to amend an Act entitled 'An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a Judge and Solicitor thereof, and for othE:r purposes, approved Deeember 20th, 1884,' by creating a separate Solicitor for said City Court, and providing for his appointment by the Governor, and for other purposes," by amending Section 1 of said Act so as to provide for electing the Solicitor of the City Court of Columbus by a vote of people in the event of a vacancy; to provide for the qualifications of said Solicitor; to provide for a Solicitor Pro Tern; to provide compensation of said Solicitor; to repE:al all confli_cting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
Section 1. That an Act entitled, "An Act to amend an Act entitled 'An Act to establish a City Court in the City of Columbus, for Muscogee county, and to provide for the appointment of a Judge and Solicitor thereof, and for other purposes, approved December 20, 1884,' by creating a separatE: Solicitor for said City Court, and providing for his appointment by the Governor, and for other purposes, "approved October 11, 1889, (Georgia Laws 1888-89, pages 1158-9), is hereby amended by striking Section 1 thereof in its entirety and substituting a new Section 1 which shall read as follows:
"Section 1. Be it enacted by the authority aforesaid that there shall be a Solicitor of said City Court, who shall be elected by the qualified voters of Muscogee County, who shall hold his office for a term of four years. In the event a vacancy shall occur in said office, it is herE:by made the duty of the Ordinary of Muscogee County to call a special election to fill such vacancy by a vote of the people, said election to be called an to be held in not less than 20 days from the date of such vacancy and not more than 35 days from the date of such vacancy, and the person elected at such election shall take office immeditely and shall be commissioned by the Governor, and shall serve for and during the term of such person causing such vacancy, and it is further made the duty of the Ordinary to prepare a sufficient number of ballots for the purpose of said election and to distribute said ballots in sufficient number to each and every voting precinct of Muscogee County. The returns of said election shall be made to the Ordinary, whose duty it shall be to announce the results thereof, and it is further provided that no person shall be elected Solicitor of said City Court unless at the time of his appointment or election he shall have arrived at the age of 21 years and have been a resideTJt of said county three years, and a practicing lawyer, and shall have practiced law fo1 one year preceding his E:lection or appointment. It shall be the duty of the Solicitor of said court to represent the State in all cases in said court in which the State shall be a party, and shall perform therein such other duties as usually appertain to his office. The Solicitor's compensation shall not be changed by this Act, but shall remain as now fixed by law. Whenever the Solicitor of said court, on account of sickness or other disability, is unable to attend said court, it shall be the duty of the City Court Judge to appoint some competent attorney as Solicitor Pro TE:m, who shall receive the same

TUESDAY, JANUARY 30, 1951

397

compensation that is allowed the Solicitor for the same services."
Section 2. Be it further enacted by the authority aforesaid that the General Assembly finds, upon investigation, and so declares, that the notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section VII, Paragraph XV, of the Constitution of G:orgia of 1945. A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof.
Section 3. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The Committee Substitute was adopted.
The r:port of the Committee, which was favorable to the passage of the bill, by susbstitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 245. By Messrs. Dicus, Picard and Hollis of Muscogee:
A Bill to be entitled an Act to amend an Act establishing a City Court of Columbus, Georgia, and for other purposes.
The following Committee Substitute to HB 245, was read:

A BILL
To be entitled an Act to amend an Act of the Georgia Legislature of 1884-85 (Ga. Laws 1884-85, pages 455-460) entitled, "An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a Judge and Solicitor thereof, and for other purposes," by amending Section 2 of said Act so as to provide that the Judge of the City Court of Columbus shall be elected by the people; to provide for the Ordinary to call special elections to fill vacancies for said Judgeship; to provide that the Ordinary prepare ballots for said election; to provide for th: returns of said election; to provide for qualifications of said Judge; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That an Act entitled, "An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a Judge and Solicitor thereof, and for other purposes," approved December 20, 1884 (Ga. Laws 1884-85, pages 455-460), as am:nded, is hereby amended by striking Section 2 thereof in its entirety and substituting a new Section 2 which shall read as follows:
"Section 2. Be it further enacted that there shall be a Judge of said City Court who shall be elected by the qualified voters of Muscogee County, Georgia, at the same time and in the samf:'

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JOURNAL OF THE HOUSE,

manner for members of the General Assembly are elected, whose term of office shall be for four years and until his successor is elected and qualified. It is hereby made the duty of the Ordinary and it is hereby directed that in the case of a vacancy in the office of the Judge of the City Court of Columbus that he call an election to fill said vacancy. It shall be the duty of the Ordinary to call said special election not later than twenty days from the date of such vacancy and not more than thirty-five days from the date of such vacancy. It shall be the duty of the Ordinary to prepare ballots for the purpose of said special election and to distribute to each of the voting precincts of Muscogee County, Georgia. The returns of said election shall be made to the Ordinary and it shall be his duty to announce the results thereof and the candidate receiving the highest number of votes shall be declared elected and shall upon qualifying serve out the remainder of said term. The compensation for said Judge shall be the same as is now fixed by law. It is not the intention of this Act to change the compensation as is now provided by law which shall not be diminished during his tenure in office, and it shall be the duty of thl::' Ordinary or Commissioners of said County or other proper officer, to make provisions annually for levying taxes for the purpose, and no one shall be appointed or elected to said Judgeship who is at the time of his appointment or election under twenty-five years of age and who has not been a practicing lawyer for six years and who has not been a resident of said County for four years, and he shall receive no other compensation for his services. Said Judge shall be commissioned by the Governor and before entering upon the discharge of his duties, he shall take and subscribe an oath which shall be annexed to his commission for the faithful discharge of the duties Qf his office, and any person appointed or elected under the provisions of this Act shall receive, the same compensation as is now provided by law for such Judge."
Section 2. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
Be it further enacted by the authority aforesaid that the General Assembly advise upon investigation and so declare that the notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section VII, Paragraph XV, Qf the Constitution of Georgia of 1945. A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof.
The Committee Substitute was adopted.
The report of the CQmmittee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 334. By Mr. Wilkinson of Long: A Bill to be entitled an Act to provide that the Ordinary of Long

TUESDAY, JANUARY 30, 1951

399

County shall receive $50.00 per month in addition to fees, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received th~ requisite constitutional majority, was passed.

HB 340. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act ereating the office of Tax Commissioner of Evans 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, wns passed.

HB 341. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act :stablishing the City . Court of Claxton, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 373. By Messrs. Bell, Holley and Graham of Richmond:

A Bill to be .entitled an Act to establish the salary of the Judge and Solicitor of the City Court of Augusta, and for other purposes.

The report of the Committee, which was favorable to the passage of the

bill, was agreed to.



On the passage of the bill, the ayes were 110, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 377. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to repeal an Act authorizing the Commissioners of Roads and Revenues of Spalding County to create and establish restricted zones or 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 111, Rays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 375: By Messrs. Alverson, M. Smith and H. Smith of Fulton:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to authorize certain citiE:s to contract with the counties of a certain population, for the operation of schools within an area of such county to be annexed to such city, and for other purposes.
The rE:port 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 passE:d.

HB 342. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to provide for counties of a certain population, a county planning and zoning commission, and for other purposE:s.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes wue 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 370. By Messrs. Bell, Holley and Graham of Richmond.
A Bill to be entitled an Act to establish thE: salaries of City Court Judges 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 114, nays 0.
The bill, having receivE:d the requisite constitutional majority, was passed.

HB 337. By Messrs. Alverson, H. Smith and M. Smith of Fulton.
A Bill to be entitled an Act to require Jury Commissioners in counties of a certain population to place all tickets containing the names of traverse jurors in on'e box, and for other purposes.
The report 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.

Mr. Overby of Hall moved that the House reconsider its action in failing to pass the following Bill of the House:
HB 94. By Messrs. Overby of Hall, Bennett of Barrow, Duncan of Carroll, Green of Rabun and others: A Bill to be entitled an Act to amend the Peace Officer's Annuity and Benefit Fund Act of 1950, and for other purposes.
The motion prevailE:d and the bill was placed at the foot of the calendar.

TUESDAY, JANUARY 30, 1951

401

Mr. Stewart of Habersham moved that the House reconsider its action in failing to pass the following Bill of the House:

HB 135. By Mr. Stewart of Habersham:
A Bill to be entitled an Act to provide that it shall be unlawful for the owner or person in possession of land in this State to have an abandoned well or hole with a depth of five feet or more on such land, and for other purpose:s.
The motion prevailed and the bill was placed at the foot of the calendar.

By unanimous consent, the Clerk of the H<>use was directed to correct clerical errors in advertising in the following Bill of the House:

HB 85. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to amend the Act creating and relative to the Board of Commissioners of Roads and Revenues of Clarke County, and for othe:r purposes.

Mr. Pittard of Clarke arose on a point of personal privilege and addressed the House.

Mr. Hale of Dade arose on a point of personal privilege and addressed the

House.



Mr. McGee of Chatham arose on a point of personal privilege and addressed the House.

Mr. Smith of Carroll arose on a point of personal privilege and addressed the House.

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

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

SB 63. By Senators Chance of 43rd, Akin of the 40th, and Oliver of the 54th:
A Bill to authorize a State Education Research Service f<>r the development and dissemination of facts and materials concerning the influence and effects of alcohol on human health and be:havior; to prepare instruction material to be used in the schools; and for other purp<>ses.

:SB 69. By Senator Mavity of the 44th, and Rawls of the lOth:
A bill to provide $2000 pe:r annum to the Director of Corrections for subsistence; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 70.

By Senator Millican of the 52nd:
A bill to amend the Act relating to the preparation of ballots to authorize election officials to furnish sample copies of ballots to publishers and to authorize publication of said ballots; and for other purposes.

SB 72.

By Senator Millican of the 52nd:
A bill to provide that errors in marking election ballots shall not void the entire ballot, but only that portion erroneously marked; and for other purposes.

SB 73. By Senator Millican of the 52nd:
A bill to provide that election managers may not begin to count votes in any election until the polls are closed; and for other purposes.

SB 74.

By Senator Millican of the 52nd:
A bill to require all political party primary elections f<>r all party nominations to be held on the same date; to provide the primary date shall not be earlier than 60 days before the date of the General election; and for other purposes.

HB 1.

By Messrs. Hand of Mitchell; Matthews of Clarke; Ray of Warren; Twitty of Mitchell; and others:
A bill to be entitled an Act to create the State School Building Authority; and for other purposes.

HB 23. By Messrs. Gowen of Glynn, Lewis of Hancock, Bentley of Cobb and Twitty of Mitchell:
A bill to be entitled an Act to repeal Title 22, Sections 718, 719 and 720 of the 1933 Code of Georgia which provides for and regulates the certification and recordation of corporat~ bonds; and for other purposes.

SR 7.

By Senators Rawls, of the lOth, Connell of the 6th, Carlisle of the 7th, Dunn of the 8th, Pittman of the 53rd, and Branch of the 47th:
A resolution proposing an amendment to the Constitution to Article VII, Section I, Paragraph IV of the Constitution to exempt from taxation all growing crops, livestocks, and poultry, and household and kitchen furniture; and for other purposes.

Under the regular order of business, the following Bills of the House were taken up for consid:ration and read the third time:
liB 98. By Messrs. Overby of Hall, Lewis of Hancock, Hall of Toombs, Stevens of Marion, Murr of Sumter, Durden of Dougherty and Dorsey of White:
A Bill to be entitled an Act to create a Bill Drafting Unit as a part of

TUESDAY, JANUARY 30, 1951

403

the State.- Department of Law, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 17. The bill, having received the requisite constitutional majority, was passed.

HB 136. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act relating to County Board of Tax Assessors, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 103. By Messrs. Williams and Bentley of Cobb:
A Bill to be entitled an Act to create and organize a new Judicial Circuit for the State of Georgia to be known as the Cobb 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 2.
The bill, having receiv:d the requisite constitutional majority, was passed.

HB 1-07. By Messrs. Tamplin of Morgan, Overby of Hall and Campbell of Oconee:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Department of Public Safety for Georgia" by providing for special learners' pennits, and for .other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.
Mr. Gowen of Glynn requested that the Journal show that he voted for the passage of the bill.
HB 229. By Messrs. Ray of Warren, Key of Jasper, Twitty of Mitchell, Smith of Emanuel, and Tarbutton of Washington:
A Bill to be entitled an Act to amend an Act known as an Act to authorize the establishment and maintenance of common trust funds and to prescribe and define the rights, powers and duties of fiduciaries, banks and trust companies, and for other purposes.
The report of the.- Committee, which was favorable to the passage of the

404

JOURNAL OF THE HOUSE,

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. Twitty of Mitchell moved that the House recess until 2 :00 o'clock, P. M., this afternoon.

The Speaker announc~d the House recessed until 2:00 o'clock, P. M., this afternoon.

AFTERNOON SESSION
The Speaker called the House to order.
Under the regular order of business, the- following Bill of the House was taken up for consideration and read the third time:
HB 270. By Messrs. Dicus and Hollis of Muscogee: A Bill to be entitled an Act to make uniform the procedure on Interstate Extradition and authorizing this State to cooperate with other States to their mutual benefit in relation to persons convicted or under indictm~nt or accusation for crime; and for other purposes.
Mr. Lovett of Laurens moved that the bill be tabled. The motion prevailed and the bill was placed on the table.

The following Resolution of the Senate was read and adopted:

SR 21.

By Senator Rawls of the lOth and others:
Be it resolved by the Senate, the House of Representatives concurring, that th~ General Assembly of the State of Georgia stand adjourned on February 16, 1951 at 6 o'clock, P. M., Eastern Standard Time to reconvene Monday, January 14th, 1952 at 11 o'clock, A. M.

The following Bill of the House was taken up for the purpose of considering the Senate am:ndment thereto:
HB 83. By Mr. Herrin of Echols: A Bill to be entitled an Act to repeal an Act to provide for the division of Echols County into three Commissioners Districts, and for other purposes.
The following S:nate amendment to HB 83, was read:
Senator Connell, of the Sixth District, moves to amend House Bill 83 by: Adding at the end of Section 2 thereof the following language:

TUESDAY, JANUARY 30, 1951

405

"The said 1945 Act reads as follows: 'An Act to provide for the~ election and tenure of members of the Board of Commissioners of Roads and Revenues of Echols County, Georgia, to provide for their election and qualifications; to repeal conflicting laws; and for other purposes.
'Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
'Section 1. That the Board of Commissiontrs of Roads and Revenues of Echols County shall consist of three members.
'Section 2. That no person is entitled to hold the office of Commissioner of Roads and Revenue:s of Echols County unless he is at least twenty-five years of age, a resident of said county and a qualified voter.
'Section 3. Nothing in this Act shall affect the election, term or tenure of any member of thf.i said Board as now constituted during the term for which he has already been elected, nor of any members elected or appointe:d under existing laws to fill the unexpired term of any such member.
'Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.' "
Mr. Herrin of Echols moved that the House agree to the Senate amendment.
On the motion, the ayes were 104, nays 0.
The Senate amendment was agreed to.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 108. By Messrs. Johnson and Overby of Hall, Gre:er of Lanier, Durden of Dougherty, Nightingale of Glynn and Ray of Warren:
A Bill to be entitled an Act to amend the Act making shares of Statechartered building and loan associations and Federal Savings and Loan Insurance Corporation legal investments for certain fiduciaries and corporations, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayts were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 99. By Messrs. Gillis of Treutlen, Langdale of Lowndes and Hall of Toombs:
A Bill to be entitled an Act to create a board to be known as the State Board of Registration for Foresters, and for other purposes. Mr. Jones of Bartow moved that the bill be tabled, and the motion was lost. Mr. Gillis of Treutlen moved the previous question.

406

JOURNAL OF THE HOUSE,

ThE~ following amendments to HB 99, were read and adopted:
The Committee on Conservation moves to amend HB 99 as follows:
By substituting a semicolon in lieu of the period at the end of the third sentence in Section VII and adding after said semicolon the following words: "provided that not more than one meeting may be held during any one calendar month".
The Committee on Conservation moves to amend HB 99 as follows: By striking the comma between the words "forestry" and "in" on line two of Section XX and inserting in lieu thereof the words "as a registered forester."
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. Langdale of Lowndes moved the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Messrs:

Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barker of Jackson Baker of Jackson Bargeron Baughman Beasley Bell of Richmond
Best Birdsong Boone Brantley Brazeal
Britton Burgamy Burkett Byrd Cates Clary
Claxton
Coffin Coogle Cornelius Covington Dally
De en Dicus Dorsey

Duncan Durham Edenfield Fears Gardner Garrard Gary Gillis Gowen Graham Green of Irwin Green of Rabun Greer Griffith Guthrie Hadden Hall of Floyd Hall of Toombs Harrell Harris Hawkins Henderson Herrin Hilton Hollis
Hood Huddleston Johnston Jones of Lumpkin Jordan Kemp Kennedy Key

Kidd King Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Lovett McCracken McGarity Mangum Matthews Mims Mishoe Murphy Murr Musgrove Neville Nightingale Otwell Overby Page
Park:r
Peacock Pittard Ramsey Ray Register
Risner Rogers Scoggin

TUESDAY; JANUARY 30, 1951

407

Sheffield Sivell Smiley Smith of Bryan Smith of Carroll Smith of Emanuel M. M. Smith of Fulton Stanton Stevens of Marion

Stewart Sumner Tamplin Tarbutton Tarpley Tillman Trapnell Twitty Vickers

Walker of Telfair Wheeler White Wiggins Williams of Cobb Williams of Houston Willingham Wooten

Those voting in the negative were Messrs.:

Battles Bell of DeKalb Bennett Biggers Bolton -Brannen Callier Clark Clay -Cranford
Dews Flynt Freeman

Green of Cherokee Groover Jackson Johnson of Hall Jolly Jones of Bartow Kelley Kitchens Lam Little Nelson Owens Pickard

Raulerson Robertson of Coweta Robertson of Dawson Rowland Scott Stocks Tippens Tumlin Turk Waldrop Whitworth Willis Wood

Those not voting were Messrs.: Abney of Catoosa, Barrett, Bentley, Black, Boggus, Brooks, Campbell of Oconee, Campbell of Walker, Carr, Deason, Denton, Durden, Hale, Harper, Holley, Hopkins, Jessup, McGee, McKelvey, McWhorter, Mackay, Mull, Newman, Pickett, Rollins, Short, Simmons, Hoke Smith of Fulton, Stephens of Towns, Terry, Todd, Ursrey, Vandiver, Walker of Crawford, Warren, Weems, Wilkes, Wilkinson, Wright and Mr. Speaker.

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

On the passage of the bill, as amended, the ayes were 126', nays 36.

The bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Dicus of Muscogee moved that the following Bill of the House be taken from the table:
HB 270. By Messrs. Dicus and Hollis of Muscogee:
A Bill to be entitled an Act to make uniform the procedure on Interstate Extradition and authorizing this State to cooperate with other States to their mutual benefit in relation to persons convicted or under indictment for crime; and for other purposes.
The motion prevailed and the bill was taken from the table.

Under the regular order of business, the following Bills of the House were

408

JOURNAL OF THE HOUSE,

taken up for consideration and read the third time:

HB 282. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act relating to the salary of th Secretary of the Georgia Public Service Commission, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 19.
The bill, having received the requisite constitutional majority, was passed.

HB 116. By Mr. Owens of Tift:
A Bill to be entitled an Act to Am~nd an Act relating to incompetency of witnesses in any action, suit, or proceeding in any court, instituted in consequence of adultery, and for other purposes.
The following amendment to HB 116, was r~ad and adopted:
The Committee on General Judiciary #2 moves to amend HB 116 by striking the word "the" in the proviso added by the bill and substituting therefor the words "his or her" so that the last phrase of the proviso shall read "as to his or her innocence of such charge."
The report of the Committee, which was favorable to the passage of the Bill, was agre~d to, as amended.
On the passage of the bill, as amended, the ayes were 107, nays 4.
The bill, having received the requisite constitutional majority, was pass~d, as amended.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., tomorrow morning, and the motion prevailed.

The Sp~aker announced the House adjourned until 10 :00 o'clock, A. M., tomorrow morning.

WEDNESDAY, JANUARY 31, 1951

409

REGULAR SESSION

Representative Hall, Atlanta, Georgia. Wednesday, January 31, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. R. C. Johnson, Pastor, New Providence Baptist Church, Guyton, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispe:nsed 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 Re:solutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees.
4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local unconte:sted bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any bill on the General Cale:ndar in any order that he desires.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 416. By Messrs. Tarbutton of Washington, Nightingale and Gowan of Glynn:
A Bill to b entitled an Act to amend an Act to authorize the Jekyll Island State Park Authority to enter into a contract for the building of a bridge across Jekyll Creek to be operated as a Toll Bridge, and for other purposes.
Referred to the Committee on State of Republic.
HB 417. By Mr. Rowland of Johnson: A Bill to be entitled an Act to regulate the business of private employ-

410

JOURNAL OF THE HOUSE,

ment agencies in Georgia, and for other purposc,s. Referred to the Committee on Industrial Relations.

HB 418. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend the ElE>ctric Membership Corporation Act, relative to the disposition of corporation property, and for other purposes.
-Referred to the Committee on Corporations.

HB 419. By Messrs. Burgamy of Sumter, Coffin of Schley and Black of Webster:
A Bill to be entitled an Act to require the registration of each full length motion picture, and for other purposes.
Referred to the Committe; on Ways and Means.

HB 420. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act relating to the definition of "Employers," for the purposes of the Workmen's Compc,nsation Act, and for other purposes.
Referred to the Committee on Industrial Relations.

HB 421. By Messrs. Twitty of Mitchell, Overby of Hall and BE>ll of Richmond:
A Bill to be entitled an Act to amend the General Tax Act so as to require all persons, firms, or corporations engaged in the business of of common carriEors of persons or property and all persons, firms, or corporations required to obtain a certificate of public convenience and necessity from the Georgia Public Service Commission to make annual tax returns of all property of said persons, Eotc., and for other purposes.
Referred to the Committee on Ways and Means.

HB 422. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel.
A Bill to be entitled an Act to amE>nd an Act known as the "Aid to Dependent Children Act", and for other purposes.
Referred to the Committee on State of Republic.
HB 423. By Mc,ssrs. Smith of Emanuel, Overby of Hall, Jessup of Bleckley, Aycock of Jenkins, Duncan of Carroll and Hopkins of Charlton.
A Bill to be entitled an Act authorizing the Governor to fix the compensation of the Director of the Department of State Parks, Historic Sites and Monuments; and for other purpos;s.
Referred to the Committee on Public Property.
HB 424. By Messrs. Campbell of Oconee, Gillis of Treutlen, Jordan of WheEoler, Hall of Toombs, Hilton of Montgomery and others.

WEDNESDAY, JANUARY 31, 1951

411

A Bill to be entitled an Act to amend an Act known as the Soil Conservation Districts Law, and for other purposes.
RE:ferred to the Committee on Conservation.

HB 425 By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and McCracken of Jefferson:
A Bill to be entitled an Act to define the status of the business of publishing newspapers, magazinE:s and periodicals; to require any newspaper, magazine or periodical to furnish space to answer any charge brought in such publication against any person; and for other purposes.
Referred to the Committee< on State of Republic.
HB 426 By Mr. Brooks of Oglethorpe:
A Bill to be entitled an Act to amend an Act to establish a Retirement System for aged and incapacitatE:d teachers in the public schools and other State supported Schools, and for other purposes.
Referred to the Committee on Education #2.
HR 95-426a. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, and McCrackE:n of Jefferson:
A Resolution proposing an amendment so as to provide that the requirement for separate schools for the white and colored races shall apply to all educational institutions, and for other purpoSE:s.
Referred to the Committee on Amendments to the Constiution # 1.

HB 427. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend the Charter of the< Town of Bowdon, and for other purposes:
Referred to the Committee on Municipal Government.

HB 428. By Mr. Aycock of J E:nkins:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Millen, and for other purposes.
Referred to the CommitteE:' on Municipal Government.

HB 429. By Mr. Sivell of Harris:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for thE:' County of Harris, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 430. By Messrs. Gardner and DurdE:n of Dougherty: A Bill to be entitled an Act to amend an Act creating and establishing

412

JOURNAL OF THE HOUSE,

a new charter for the City of Albany; and for other purposes. Referred to the Committee on Municipal Government.

HB 431. By Messrs. Bentley and Williams of Cobb:
A Bill to be entitled an Act to fix the compensation for the Coroner of Cobb County; to provide for effective: date; to repeal conflicting laws, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 432. By Mr. Mishoe of Tattnall:
A Bill to be entitled an Act to provide that the Ordinary of Tattnall County shall rece:ive $50.00 per month in addition to fees, and for other purposes.

HB 433. By Mr. Adams of Brantley:
A Bill to be entitled an Act to amend an Act providing for the office of County Treasurer of Brantley County, and for other purposes.
Refe:rred to the Committee on Counties and County Matters.

HB 434. By Messrs. Parker and Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act which Act establishes a new charter for the City of Milledgeville, and for other purpose:s.
Referred to the Committee on Municipal Government:

HB 435. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act incorporating the Town of Whitesburg, and for other purposes.
Referred to the Committee on Municipal Government.

HB 436. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend the Charte:r of the Town of Bowdon, and for other purposes.
Referred to the Committee on Municipal Government.

Mr. Greene of Crisp County, Chairman of the Committee on Commerce, submitted the following report:
Mr. Speaker:
Your Committee on Commerce 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:

WEDNESDAY, JANUARY 31, 1951

413

HB 381. Do Pass.

Respectfully submitted Greene of Crisp, Chairman.

Mr. Alverson of Fulton 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 415. Do Pass. HB 414. Do Pass. HB 379. Do Pass, by Substitute. HB 378. Do Pass HB 409. Do Pass. HB 404. Do Pass. HB 410. Do Pass. HB 412. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Rogers of HE:ard County, Chairman of the Committee on General Agriculture #2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture # 2 has had under consideration
the following Bills of the House and has instructed me as Chairman, to rE:port the same back to the House with the following recommendations:
HB 322. Do Pass. HB 351. Do Pass.
Respectfully submitted, Rogers of Heard, Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee, on General

414

JOURNAL OF THE HOUSE,

Judiciary #1, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary #1 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 279. Do Pass. HB 348. Do Pass. HB 285. Do Pass. HB 349. Do Pass. HB 218. Do Pass, by Committee Substitute. HB 137. Do Pass. HR 91-402a. Do Pass. SB 41. Do Pass.
Respectfully submitted, Gowen of Glynn, Chairman.

Mr. Raulerson of Pie:rce 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 Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 72-331b. Do Pass. Respectfully submitted, Raulerson of Pierce,
Chairman.
Dr. Smith of Bryan County, Chairman of the Committe(~ on Hygiene and Sanitation, submitted the following report:
Mr. Speaker:
Your Committee on Hygiene and Sanitation has had under consideration the following Bills and Resolutions of the House and Senare and has instructed me as chairman, to report the same back to the House with the following recommendations of the House and Sf:nate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

WEDNESDAY, JANUARY 31, 1951

415

SB 53. Do Pass. SB 56. Do Pass. HB 350. Do Not Pass. HR 66-303f; Do Pass. HB 316. Do Not Pass. HB 173. Do Pass.

Respectfully submitted, Smith of Bryan, Chairman.

Mr. Bennett of Barrow 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 366. Do Pass. HB 36'4. Do Pass. HB 390. Do Pass. HB 395. Do Pass. HB 367. Do Pass.
Respectfully submitted, Bennett of Barrow, Chairman.

Mr. Bennett of Barrow 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 376. Do Pass. HB 369. Do Pass.
Respectfully submitted,
Bennett of Barrow, Chairman.

416

JOURNAL OF THE HOUSE,

Mr. Henderson of Atkinson 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 Resolutions of the House and has instructed me as Chairman, to report the sam back to the House with the following recommendations:
HR 85-383b. Do Pass.
HR 83-361h. Do Pass.
Respectfully submitted, Henderson of Atkinson,
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 Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 6. Do Pass. Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Bargeron of Burke County, Chairman of the Committee on Veteran's Affairs, submitted the following report:
Mr. Speaker: Your Committee on Veterans Affairs has had under consideration th
following Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 48-216b. Do Not Pass. Respectfully submitted,
Bargeron of Burke,
Chairman.

Mr. Hay of Warren County, Chairman of the Committee on Ways and Means, submitted the following r~::port:
Mr. Speaker:

WEDNESDAY, JANUARY 31, 1951

417

Your Committee on Ways and Means has had under consideration th3 following Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 402. Do Pass, by Substitute.
Respectfully submitted,
Ray of Warren,
Chairman.

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has examined the following Bills and Resolutions of the House and find them properly engrossed:
HB 31. HB 95. HB 100. HB 115. HB 170. HB 180. HB 251. HB 806. HB 324. HB 332. HR 54-271c. HR 90. HB 98. HB 99. HB 103. HB 107. HB 108. HB 116. HB 136. HB 229. HB 242. HB 243.

~18
HB 244. HB 245. HB 282. HB 334. HB 337. HB 340. HB 341. HB 342. HB 370. HB 373. HB 375. HB 377.

JOURNAL OF THE HOUSE,.
Respectfully submitted, Green of Rabun, Chairman.

Mr. Dorsey of White County, Chairman of the Committee on- Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined the following Bills and Resolutions of the House, and finds the same properly enrolled:
HB 157. HB 89.
Respectfully submitted, Dorsey of White, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary therof:

Mr. Speaker:

Th!:i Senate has passed by the requisite constitutional majority the following Bills and Resolutions of the Senate and House to wit:

SR 22.

By Senator Willingham of the 39th: A resolution proposing an amendment to change the levy of taxes
from (5) mills on each dollar to one-fourth mill on each dollar, of the value or the property taxable in the State; and for other purposes.

WEDNESDAY, JANUARY 31, 1951

419

SR 24. By Senators Connell of the 6th, Rawls of the lOth, and others:
A r&solution proposing an amendment to the Constitution to Article 3, .Section 11, Paragraph 1 so that the General Assembly may, at any time by a majority vote of both branches prescribe other and different salaries for all the el&ctive officers provided for in this Constitution; and for other purposes.

HR 59. By Senators Carr of Whitfield, Gary of Quitman, and others:
A resolution proposing to increase the battalion of the Department of Public Safety to 350 troop&rs, and to make available sufficient funds therefor; and for other purposes.

HB 53. By Senators Gowen of Glynn, Britton of Whitfield, and others:
A bill to be entitled an Act to provide for Municipal HomEI Rule, and for other purposes.

HB 208. By Senators Pittard and Matthews of Clarke:
A bill to be entitled an Act requiring all candidates for the Gen&ral Assembly in counties having a population between 36,000 and 37,000
to designate and qualify for the seats in the G&neral Assembly from
all such counties and to name their incumbent opponents, and for other purposes.

HB 235. By Senators McWhorter, Mackay and Bell of DeKalb:
A bill to be entitled an Act to amend an Act to provide that the county registrars shall prepare separate registered voters lists for each voting precinct in militia districts containing more than one precinct in counties having a population of not less than 86,000 and not more than 88,000, and for other purposes.

HB 236. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A bill to be entitled an Act to amend an Act to provide through a Cadastral Survey, a field book system for real property indentification and evaluation in counti&s having a population of not less than .85,000< and not more than 100,000, and for other purposes.
By HB 239~ Messrs. McWhorter, Mackay andBell of DeKalb:
A bill to be entitled an Act to amend an Act providing for fees of Clerks in counti&s having a population of not less than 120,000 and not more than 145,000, and for other purposes.

HB 241. By Messrs. McWhorter, Mackay and Bell of DeKalb.
A bill to be entitled an Act to amend an Act to provide that Coroners shall rec&ive a salary in lieu of the fees allowed by law for holding inquests in counties having a population of not less than 120,000 and not more than 145,000 and for other purposes.
HB 248. By Messrs. McWhorter, Mackay and Bell of DeKalb.

420

JOURNAL OF THE HOUSE, .

A bill to be entitled an Act to amend an Act to create a system of

pensions and retirement for officers and employees of DeKalb County,

and for other purposes.



By unanimous cons;nt, the following Bills and Resolutions of tpe House and Senate, favorably reported, were read the second time:
HB 137. By Messrs. Abney and Campbell of Walker:
A Bill to be ;ntitled an Act to amend an Act to create a new Judicial
Circuit of Georgia to be called the Lookout Judicial Circuit, and for other purposes.
HB 173. By Mr. Murr of Sumter: A Bill to be entitled an Act to be known as an Act to amend the Nurses Law, and for other purpos;S.
HB 218. By Mr. Key of Jasper: A Bill to be entitled an Act to authorize municipalities, cities or towns to accept cash bonds from persons charged with a violation of the ordinances of same, and for other purpos;s;
HB 279. By Mr. Kemp of Clayton: A Bill to be entitled an Act to amend an Act entitled "Compensation of Commissioners and Clerk for revising jury lists", and for other purposes.
HB 285. By Messrs. Bell, Graham and Holley of Richmond, Fears of Butts, Freeman of Monroe and many others: A Bill to be entitled an Act to provide for the payment of not more than $2,000 per annum to each Solicitor G;neral for travel expenses, subsistence, clerical help, and other expenses, and for o.ther purposes.
HB 322. By Messrs. Langdale of Lowndes and Stewart of Habe:rsham: A Bill to be entitled an Act to create an Agricultural Commodities Authority, and for other purposes.
HB 348. By Mr. Covington of Floyd: A Bill to be entitled an Act to provide for making photostatic copies of plats, blue prints or other copies of plats of real estate on file in the offices of the Clerks of the Superior Courts, and for other purposes.
HB 349. By Mr. Overby of Hall: A Bill to be entitled an Act to amend an Act providing the method of the execution of surety bonds, and for other purposes.

WEDNESDAY, JANUARY 31, 1951

421

HB 351. By Messrs. Rogers of He?lrd, Biggers of Meriwether and Murr of Sumter:
A Bill to be entitled an Act authorizing parasitic control and eradication for Livestock, and for other purposes.

HB 36'4. By Messrs. Duncan and Smith. of Carroll: A Bill to b~ entitled an Act to amend an Act creating ,and adopting a
mivf '<:hhtter fot 'the Town of Temple, and for other puri>oses.

HB 3.66; By Messrs. :Pagt!, Hood and McGee of Chatham: .

'A. Bill to be ~ntitled an A~t to authorize the ayor a,nd, Aldermen

of the City of Savannah to incur an additional debt; to permit the

Mayor and .A-ldermen to levy a tax on property, ,and for other purposes.



. ; ' j 1.. ~ ! . '

.

-. :

.

:

. ; . ' . . ' : :.

HB a67. By MJJ. Page.of Chatham:

.. . . ~:.' . j .

.'

..

' . ..

. J ! ! . ; ' .' . .

.

..

' . .

A Bi!J,J;P,; be, en~~tleli: an -i\~- t() amend the Charter of the Mayor and

Council of the Town of Garden City; and for other purposes.

HB

369.

By

Messrs.

Vandive~

a~d


ciay

of

iHhb:.

J

~

~0 '.:

':~J3ill to be e~titl~d a~ Act to amend ~n .Act t()' r~:en~~ the charter

." .~ " 'o:(t~~ d~fy of, Ma<;pn,, .t<;> 'alii)w the p~esent mayp;r to .r11n ~or another

two year term, and for other purposes.

HB 376. By Mr. Waldrop of Do,uglas; >.
. A,B.Jll..tQ: )?e .ent~tl~q ~n Act .to allJ.end an. Actjncoroorating the Town
of Douglasville, and for other purposes.

HB 381. By l'4~Jn:S. Otwell.pf Forsyth,. ,Ursrey of.Jeff Davis, Kemp of .Clayton, Wiggins of Stephens, Overby of Hall and others:
-A ':Bm to be entitled a~ Act to authorize and direct the Georgia
.;Department of Commerce to. establish . and maintain welcome information stations at the main highway E:ntrances into this 5tate, and for other purposes.

HB 390. By Mr. Murphy of Haralson:
A Bil~ to be eJ!titled an Act to amend an Act to incorporate the City of Buchanan, and for. other purposes.

;HB 395. By. Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, to provide the City may lease a strip of land to the Atlanta Tennis Development Fund, and for other purposes.

HB 402. By Messrs. Cates and Bargeron of Burke, Ray of Warren and

Campbell of Oconee.



A Bill to be entitled an Act to amend an Act known as the Motor

422

JOURNAL OF THE HOUSE,

Fuel Tax Law; to provide for the identification of gasoline used for agricultural purposes, and for other purposes.

HB 404. By Mr. Harris of Wayne: A Bill to be entitled an Act to amend an Act establishing the City Court of Jesup, and for other purposes.
HB 409. By Messrs. Alverson, H. Smith and M. Smith of Fulton:.
A Bill to be entitled an Act to provide for the appraisal of real property and improvements attached thereto in Fulton County and the City of Atlanta by an independent qualified agency, and for other purposes.
HB 410. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to fix the salary of the Judge of Juvenile Courts in counties of a certain population, to provide for its payment out of the county treasury, and for other purposes.
HB 412. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act changing the classes and amounts of commissions allowed to tax receivers and tax collectors in counties of a certain population, and for other purposes.
HB 414. By Messrs. Johnson and Overby of Hall:
A Bill to be entitled an Act to repeal an Act relating to the payment of Coroners in counties having a certain population, and for other purposes.
HB 415. By Messrs. Alevrson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act by providing that in counties of a certain population, the clerk of the Superior Court may keep certain records by microfilm or other photographic process, and for other purposes.
HR 66-303f. By Messrs. Abney of Walker, Murr of Sumter, Groover of Troup and others:
A Resolution to provide for a committee to investigate the administration of the Health Department, and for other purposes.
HR 72-331b. By Messrs. Johnson and Overby of Hall, Mackay and McWhorter of DeKalb, Wood of Bibb and Otwell of Forsyth: A Resolution to request that the lake formed by the dam now under construction near Buford, Georgia, be named an henceforth called Lake Lanier, and for oth:r purposes.
HR 83-361h. By Mr. Green of Rabun:
A Resolution to authorize the Governor and Director of the De-

WEDNESDAY, JANUARY 31, 1951

423

partment of Parks to negotiate with the Ordinary of Rabun County for the purpose of trading and/ or swapping certain la~ds within the County of Rabun, and for other purposes;

HR 85-383a. By Messrs. Parker- and Kidd of Baldwin:
A Resolution authorizing the- :Governor to sell or otherwise dispose of and execut~ conveyances to certain property on the old State Prison Farm property at Milledgeville, and _for ot~er purposes.
li:R 91"402a. By Mr. Harris of Wayne:
A Resolution cancelling execution issued on a. b~nd forfeiture by 'City Court of Jesup, and for dther purposes.

SR 6. By Senator Rawls of the lOth and many others.

A Resolution. proposing an amendment proViding for the n:Omination

of candidates for U. S. Senator, Governor, Lt.-Governor, Secretary

of State, the Attorney General, Sta~ School .Superintendent, .Comp~

troller General, and for other purposes.



SB: 41. By Senator!; Hargreaves of the5th; Connell of the 6th aild others:
A Bill to be entitled an Act to amend an Act rela' ting to the con-
tinuance' of business of: a deceased by an ' administrator, and for
other purposes.
,':
SB 53. By Senators Hagan of the 17th, Mallory of the 25th and others.
A Biil to be .entitled an Act recognizing alcoholism as an illness and
public health pro~lem,, a~.d for other purposes. ,

SB 56. By Senator Mashburn of the_ 33rd:
A Bill to be entitled an Act to amend the Pre-marital Examination Law; and for other purposes. ( -

By unanimous consent, the following: Bills of the House were taken up !fJr consideration ~nd read the third time: .

HB 288. By Messrs. Pickard, Hollis and Dicus of Muscogee:

.'

A Bill to. be entitled an Act to regulate and permit the practice o! law by the Judges of the City Court of Columbus, and for other

purposes.

Th~ report of the Committee, which was favorable to. the passage of the

bill, was agreed to.



On the passage of :the 'bill, the ayes were 103, nays- 0.

The bill; having received the requisite constitutional majority, was passed.

HB 333. By Mr. Wiggins of Stephens:
A Bill to be entitled an Act to amend an Act to incorporate the City

424

JOURNAL OF THE HOUSE,

of Toccoa, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 335. By Mr. Wilkinson of Long:
A Bill to be entitled an Act to amend an Act whieh Act created the City Court of Ludowici, and for other purposes.
The report of the Committee, which was favorable to the passag: 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 336. By Mr. Wilkinson of Long: A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Rev:nues for the County of Long, and for other purposes.
The report 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 338. By Messrs. Johnston and Sumner of Worth: A Bill to be 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 bill, the ayes were 107, nays 0. The bill, having rec:ived the requisite constitutional majority, was passed.
HB 343. By Messrs. Barber and Short of Colquitt: A Bill to be entitled an Act to amend the Charter of the City of Moultrie, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0. The bill, having rec~:oived the requisite constitutional majority, was passed.
HB 344. By Mr. Scott of Thomas:
A Bill to be entitled an Act to amend an Act entitled an Act to

WEDNESDAY, JANUARY 31, 1951

425

amend the Charter of the City of Thomasville, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 345. By Messrs. Langdal~ and Register of Lowndes:
A Bill to be entitled an Act to incorporate the Town of Remerton, and. for other purposes.
The report 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 362. By Messrs. Smith and Duncan of Carroll: A Bill to be entitled an Act establishing a new charter for the City of Carrollton; to as to provide for the rate of taxation for school purposes, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 365. By Messrs. Duncan and Smith of Carroll: A Bill to be entitled an Act to amend an Act entitled "Carrollton Ad Valorem Tax Rate", and for other purposes.
The report 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 36'8. By Me:ssrs. Johnson and Overby of Hall: A Bill to be entitled an Act to amend an Act relating to 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 113, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 385. By Messrs. Gowen and Nightingale of Glynn: A Bill to be e:ntitled an Act to fix the salary of the Tax Commis-

426

JOURNAL OF THE HOUSE,

sioner of Glynn County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 388. By Mr. Kitchens of Twiggs:.
A Bill to: be entitled an Act to amend an Act creating. a Board of Commissioners of Roads anad Revenues for the County of Twiggs, and for other purposes.
The report 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.

I!~t.3~~~ By Mr. Coogle of Macon:
A Bill to be entitled an Act to provide that the tax receiver in counties of a certain population shall be paid from ad valorem school tax collected, and for other yurposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the pMsage of the bill, the ayes were 116, nays 0..
The bill, having received the requisite constitutional majority, was passed.

HB 391. By Mr, Murphy of Haralson:
A Bill to be entitled an Act to amend an Act by providing that in counties of a certain population, the compensation for members of the county boards of education shall be $7.50 per diem for each day actual service, and for other purposes.
The report of the Committee, which \vas favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 392. By Messrs. Kemp of Clayton and Weems of Chattooga:
A Bill to be entitled an Act requiring all candidates 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 following amendment to HB 392, was read and adopted:
Mr. Kemp of Clayton moves to amend HB 392 by striking the figures 21,150 wherever the same appears in said bill and substituting in lieu thereof
the figures 22,000.

WEDNESDAY, JANUARY 31, 1951

427

The report of the Committee, which. was favorable to the passage of the

bill, was agreed to, as amende~.



On the passage of the bill, as amended, the ayes were 118, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

HB 393. By Mr. Gary of Quitman:
A Bill to be entitled an Act to amend an Act to provide for the compensation of the Treasurer of Quitman County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 394. By Messrs. Sumner and Johnston of Worth:
A Bill to be entitled an Act to amend an Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County, and for other purposes.
The report of the Gommittee, 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 recived the requisite constitutional majority, was passed.

The following bills and resolutions of the Senate were read the first time and referred to the Committees:
SB 63. By Senators Chance of the 43rd, Akin of the 40th and Oliver of the 54th:
A Bill to be entitled and Act to provide for the creation and maintenance of a State educational research service with duties and powers to carry out the development and dissemination of facts and materials concerning the influence and effects of alcohol on human health and behavior and on social and economic conditions, ere., and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
SB 69. By Senator Mavity of the 44th:
A Bill to be entitled an Act to amend an Act which creates a State Board of Corrections, and for other purposes.
Referred to the Committee on State of Republic.
SB 70. By Senator Millican of the 52nd:

428

JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act relating to the prep-

aration of ballots so as to authorize election officials to provid:> and

furnish sample copies of ballots to publishers and to authorize pub-

lication of such ballots,. and for. other purposes.

'

Referred to the Committee o~ State of Republic.

SB 72. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide that errors in the marking of ele~;tjons ballots shall not void the entire ballot but shall void only so. much of the ballot as was erroneously marked, and for other purposes.
Referred to the Committee on State of Republic..

SB 73. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal an Act to provide that election managers may not begin to count the votes in any election until the polls are closed; and for. other purposes.
Referred to the Cominittee on State of Republic.

SB 74. By Senator Millican of the 52nd:
A 'Bill to be entitled ail Act to repeal an Act to require that all political party primary elections for the nomination of candidates for certain offices to be held. on Ol).e !1ingle day; and for other purposes.
}Wfeqed to the. Committe~ on State of RepubUc.

SR 7. By S.enators Rawls of the lOth, Connell of the 6th. Carlisle of the 7th, Durin of the 8th~ Pittman of the 53rd and Branch of the 47th:
A Resolution proposing an amendment to exempt from taxation only fur State .purposes farm products including growing crops, livestock arid poultry, the direct product of the soil of this State so long as the same remains in possession of the producer or owner for home consumption and not for the purpose of resale and may also exempt from State taxation household and kitchen fu:t:niture.
~eferred to the Committee on Amendments to the Constitution No. 1.
SR 22. By Senato'r Willingham of the 39th:
A Resolution proposing an amendment so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections or defending the State in time of war, and for other pUl'jlOSes.
Referred to the Committee on Amendments to the Constitution No. 1.
SR 24. By f>enators Connell of the 6th, Rawls of the lOth, Carlisle of the 7th, Millican of the 52nd, Grayson of the 1st and Willingham of the 39th.

WEDNESDAY, JANUARY 31, 1951

429

A Resolution proposing an amendment so as to aut;horize the General Assembly to prescribe oth;r and different salaries of all the elective officers provided for in the Constitution, and for other purJI{lses.
Referred to the Committee on Amendments to the Constitution N6. 2.

Under the provisions of SR 31, the Speaker announce the appointment of a Committee to visit and inspect Jekyll Island.

By unanimous consent, the following bill .of the House was retutn~d to the Senate for the proper submission of Senate amendment:

HB 14. By Messrs.. Bell of Richmond, Page of Chatham and Bennett of Barrow:

A Bill to be entitled an Act to amend an Act relating to recording

of deeds to provide that d;eds shall be presumed to be execut~d in

the State and County of the official attesting witness notwiths.tand-

ing the caption on the contrary, and for other purposes.



By unanimous consent, the following resolution of the House was placed

on the calendar for the purpose of considering the unfavorable report of the;

Committee:



HR 48-216b. By Messrs. Pittard of Clarke, Stewart of Habersham, Robertson of Coweta, and others:
A Resolution to investigat; the State Department of Veterans Service, and for other purposes.

Under the regular order of business, the following bill of the House was again taken up for consideration:
HB 27. By Messrs. Clary of McDuffie, Overby of Hall, Adams of Brantley, Wheeler of .Seminole and Matthews of Clarke:
A Bill to be ;ntitled an Act known as the "Welfare Reorganization Act", and for other purposes.
Mr. Smith of Emanuel moved the previous question.
The following amendment to HB 27, was read:
Messrs. Nightingdale of Glynn, Hale of Dade and Greer of Lanier move to amend HB 27 by adding the words "with the consent and approval of a majority of the County Board of the counties affected", after the word "power" and before the words "to transfer" in the sentence next to the last in Section 1 of said bill, and in the third sentence of said section of said bill.
On the adoption of the amendment, Mr. Brantley of Upson moved the ayes and nays and the call was sustained.
The roll call was ordered and the vote was as follows:

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams of Upson Bargeron Bell of DeKalb Bell of Richmond Bentley Biggers Bolton Brantley
Brazeal Brooks Cates Clark Claxton Clay
Cranford Dicus Durde:n Fears

Freeman Gowen Graham Greer Griffith Groover Hale Henderson Herrin Holley Ho11is Johnson of Hall Johnston Jones of Bartow Knight Lam Langdale Lewis of Greene

Little Mackay Musgrove Nightingale Pittard Registe:r Robertson of Coweta Robertson of Dawson Rowland Scott Smiley Sumner Terry Waldrop Warren Weems Wilkes Wiliiams of Houston Wood

Those voting in the negative were Messrs.:

Abney of Walker Adams of Brantley Adams of Evans Alverson Aycock Ball Barber of Colquitt Barrett Battles Baughman Beasley Be:st Birdsong Black Boggus Boone Brannen Britton Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr
Clary Coffin Coogle Cornelius Covington Deason
De en

Denton Dews Dorsey Duncan Durham Edenfield Flynt Gardner Garrard Gary Gillis Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Guthrie Hadde:n Hall of Floyd Hall of Toombs Harrell Harris Hawkins Hilton Hood Huddleston
Jackson Jessup Jolly Jones of Lumpkin Jordan
Kelley Kemp

Kennedy Key Kidd King Lanier Lavender Leach Lewis of Hancock Lovett McCracken McGarity McGee Mangum Matthews Mims Murphy Murr Nelson Neville Newman Otwell Overby Owens Page
Parker
Pickard Ramsey Raulerson Ray Risner
Rogers
Rollins

WEDNESDAY, JANUARY 31; 1951

431

Scoggin
Shdfield Short Simmons Sivell . Smith of Bryan Smith of Carroll Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton
Stanton Stephens of Towns

Stevens of Marion Stewart Stocks Tamplin Tarpley . Tillman Tippens Todd Trapnell Turk Twitty Ursrey

Vickers Wheeler White Whitworth Wiggins Wilkinson Williams of Cobb Willingham Willis Wooten

Those not voting were Messrs.: 'Abhey of Catoosa, Barber of Jackson, Bennett, Dally, Harper, Hopkins, Kitchens, McKelvey, McWhorter, Mishoe, Mull, Peacock, Pickett, Tarbutton, Tumlin, Vandiver, Walker of Crawford, Walker of Telfair, Wright and Mr. Speaker.

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

On the adoption of the amendment, the ayes were 55, nays 130.
[
ThE: amendment 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 129, nays 28.

The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bill of the Senate was taken up for consideration and read the third time:
SB 42. By Senators Connell of the 6th, Rawls of the lOth, Carlisle of Pte 7th and Willingham of the 39th.
A Bill to be entitled. an Act to authori~e and provide a contigent expense allowance for the Judges of the Superior Courts of the Judicial Circuits of the State of Georgia, and for other purposes.
Mr. Greer of Lanier moved th~ previous question.
The following amendment to SB 42, was read and adopted:
The General Judiciary Committee #2 moves. to amend SB 24 as follo:ws:
By striking the "period" at. the end of Section 1 and adding the. following words to said Section, "out of State Treasury Funds."
An amendment offHed by Messrs. Lovett and Hadden of Laurens and Neville and Trapnell of Bulloch, was lost.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as a~ended, the aye~ were 114, nays 35.
The bill, having received the requisite constitutional majority, was passed,

432

JOURNAL OF THE HOUSE,

as amended.
Mr. Smith of Bryan requested that the Journal show that he voted against the passage of SB 42.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 19. By Messrs. Overby of Hall, Abney of Walker, Langdale of Lowndes, Abney of Catoosa, Jones of Lumpkin, Covington of Floyd, Twitty of Mitchell, Tamplin of Morgan and others:
A Bill to be entitled an Act regulating traffic on streets and highways; to effect a complete revision of all and singular the laws of this State, and for other purposes.

By unanimous consent, further consideration of HB 19, was postponed until 4:00 o'clock this afternoon.
HB 93. By Mr. Alverson of Fulton:
A Bill to be entitled an Act permitting the use of voting machines for casting, registering and recording and computing ballots or votes, provided the use of such machines is desir:d by the county commissioners in the several counties, and for other purposes.

By unanimous consent, further consideration of HB 93, was postponed until tomorrow morning, February 1, 1951, immediately after the period of unanimous consents.
HB 185. By Mr. Johnson of Hall:
A Bill to be entitled an Act to provide for the giving of security by owners and operators of motor vehicles; and for other purposes.

By unanimous consent, further consideration of HB 185, was postponed until tomorrow morning, February 1, 1951, immediately after the period of unanimous consents.
HB 271. By Messrs. Tumlin and Jones of Bartow, Smith of Emanuel, Scoggin of Floyd, Ray of Warren, Carr of Whitfield and many others.
A Bill to be entitled an Act to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, and for other purposes.

By unanimous consent, further consideration of HB 271, was postponed until tomorrow, February 1, 1951, immediately after the period of unanimous consents.

WEDNESDAY, JANUARY 31, 1951

433

HB 278. By Messrs. Hand of Mitchell, Murr and Burgamy of Sumter, Rogers of Heard and Stewart of Habersham:
A Bill to be entitled an Act to create Vocational Trade School Building Authority, and for. other purposes.
By unanimous content, further consideration of HB 278, was postponed until tomorrow, February 1, 1951, immediately after the period of unanimous consents;

ori By unanimous consent, the following Bill of the House was withdrawn
from the Committee Ways and Me.ans and recommitted to the Committee on General Judi~ia~ No. 1.
HB 259. By Mr. Greer of Lanier: A Bill to be entitled an Act to amend an Act entitled "Contracts to
. Defeat Competition", and for other purposes.

Under the regular order of business, the following Resolutions of the House w~re read the third time and adopted:
HR 47-216a. By Messrs. Best of Clay,Lavender of Elbert, Gardner of Dougherty, Short of Colquitt and Musgrove of Clinch.
A Resolution to provide for a committee of eight, five from the House and three from the Senate, to make an investigation of the Education Department, and for other purposes.
HR 53-271b. By Messrs. Matthews of Clarke, Brooks of Oglethorpe, Dally of Walton, Stanton of Newton, Scoggin of Floyd and many others.
A Resolution to ascertain why the split season dove hunting regulation was abandoned in Georgia when it is allowed in other adjoining states, and for other purposes.
Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 10:00 o'ciock, A. M., and the motion prevailed.
The Speaker announced the House adjourned until tomorrow morning at 10:00 o'clock, A. M.

434

JOURNAL OF THE HOUSE.

Representative Hall, Atlanta, G&orgia, Thursday, February 1, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. R. C. Johnson, Pastor, New Providence Baptist Church, Guyton, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals reported that the Journal of yesterday's proceedings had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispens&d 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. I~troduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion' call up any bill on the General Calender in any order that he desires.

By-unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 437. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act establishing the Minimum Foundation Program of Education in Georgia, so as to equalize educational opportunities throughout the State and related financial and administrative procedures, and for other purposes.
Referred to the Committee on State of Republic.
HB 438. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act to abolish the Division of Wild Life, the Department of Natural Resources, etc., and for other purposes.
Referred to the Committee on Game and Fish.

THURSDAY, FEBRUARY 1, 1951

435

HB 439. By Messrs. McCracken of Jefferson, Ray of Warren, Smith of Emanuel . and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act to establish a Minimum Foundation Program of Education in Georgia, by providing for an effective date of the Act, and for other purposes.
Referred to the Committee on Education No. 1.

HB 440. By Messrs. McCracken of Jefferson, Ray of Warren, Smith of Emanuel and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act to establish a Minimum Foundation Program of Education in Georgia, by fixing a budget for the Department of Education and for other purposes.
Referred to the Committee on Education No. 1.

HB 441. By Mr. Langdale of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the use of trap![!, poisons, drugs, or explosives and hunting at night, and for other purposes.
Referred to the Committee on Game and Fish.

HB 442. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act relating to the punishment for eavesdropper and "Peeping Tom", and for other purposes.
Referred to the Committee on Drainage.

HB 443. By Messrs. Rogers of Heard, Stewart of Habersham and Murr of Sumter:
A Bill to be entitled an Act to provide for an alternate method of reporting and collecting Fertilizer Tax, and for other purposes.
Referred to the Committee on General Agriculture No. 2.

HB 444. By Messrs. Rowland of Johnson and Holley of Richmond:
A Bill to be entitled an Act to require employers to pay wages due employees at least twice during each calendar month, and for other purposes.
Referred to the Committee on Industrial Relations.

HR 96-444a. By Mr. McCracken.of Jefferson:
A Resolution to compensate Dorothy Carswell for injuries sustained, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 97-444b. By Messrs. Matthews and Pittard of Clarke: A Resolution authorizing the Speaker of the House to appoint a Com-

436

JOURNAL OF THE HOUSE,

mittee to investigate the procedure and method of admission now in effect at the University Medical School at Augusta, and for other purposes.
Referred to the Committee on UniversitY of Georgia.

HB 445. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to establish a new charter for the Town of Ringgold, and for other purposes.
Referred to the Committee on Municipal Government.

HB 446. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to provide in counties haying a po.pulation of not less than 15,120 nor more than 15,1o0, that the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all cases for violation of all traffic laws of the State in said counties, and for. other purposes.
Referred to the Committee on Counties and County Matters.

HB 447. By Messrs. Alverson and H. 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 the Committee on Municipal Government.

HB 448. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to repeal an Act incorporating the City of Manchester (now the City of College Park); to amend the Civil . Service and Pension Law for City of College Park employees, and for other purposes.
Referred to the Committee on Municipal Government.

HB 449. By Mr. Robertson of Dawson:
A Bill to be- entitled an Act to provide for the holding of terms of the Superior Court in Dawson County, and for other purposes.
Referred to the Committee on Counties and County Matters.

liB 450. By Mr. Tippens of Wilcox:
A Bill to be entitled an Act to amend an Act which creates the Board of Commissioners of Roads and Revenues in the County of Wilcox, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 451. By Mr. Robertson of Dawson:
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 Dawson, and

THURSDAY, FEBRUARY 1, 1951

437

for other purposes. Referred to the Committee on Counties and County Matters.

HB 452. By Messrs. Vandiver, Clay and Wood 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 puiposes.

Referred to the Comm~ttee. on Municipal Gover~me.nt.

.

)::

HB 453. By Messrs. Harper and Bolton of Spalding:

;

: l ' ~ .

A Bill to b~ entitled ;an Act to ameJJ.d, the Charter of the City of

, Griffin, .and for: ~ther-purposes.

Re:ferred to the Committee on Municipal Government.

HB 4_54. By .~r~ Adams of Brapt~ey: A 'Bill to be entitled an Act to amend an Act which creates and incorporates the City of Nahunta~; ~nd for other purposes.
. . R,eif.e:r:r.ed t~ .the Committee on Muni~~pal Gove:r:nment.

HB. 4_55. By Messrs. Edenfield and Smith of Emanuel:

.I

. - ...

.. .

.

..

'

.A Bill to be entitlGd an; Act to amend a.n Act creating the City Court

of Swainsboro, and for other purposes.

Referred to the Committee on Municipal Government.

HB 456'. By.Mr. Kennedy ,of Turner:

r

-

- .~ .

'

-'

.

-

.

A Bill to be entitled an Act to amend ~m Act which creates thE:' Board

of Commissioners of Roads and Revenues for'the County of Turner, and

for other purposes.

Referred to the Committee on Counties and County Matters;

HB 457. By Mr. Abney ,of Catoosa:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Catoosa, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 458. By Mr. Abney of C;;~.toosa:
A Bill to be entitled an Act to amend the charter of the Town of Fort Ogle:thorpe, and for other purposes.
Referred to tl].e Committee on Municipal Government.

HB 459. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to abolish the office of Commissioner of Roads and Revenue for the County of Catoosa, and for other purposes.
Referred to the Committee on Counties and County Matters.

JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:

Mr. Speaker:
The Senate has passed by the requisite constitutio-nal majority the following bills and resolutions of the Senate and House to wit:

SB 7.

By Senators Carlisle of the 7th, Connell of the 6th, Holloway of the 13th, Pittman of the 53rd, Dunn of the 8th, and Branch of the 47th.
A Bill to repeal an Act entitled "An Act to prevent unfair competition and unfair trade practices in the sale of cigarettes", approved Feb. 17, 1949 (Ga. Laws 1949, pages 695 to 702) and for other purposes.

SB 67.

By Senator Willingham of the 39th:
A Bill to increase the salary of the treasurer of Cobb County to $3,000 per annum through Dec. 31, 1952 and to $4,200 per annum aftt:r Jan. 1, 1953; and for other purposes.

SB 68. By Senators Jones of the 22nd, Mallory of the 25th, Bray of the 36th, Gould of the 4th, and others.
A Bill to provide not more than $2,000 per annum to each solicitorgeneral for travel- expenses, subsistence and clerical help, and for other purposes.

SB 77.

By Senator Wilson of the 23rd:
A Bill to increase the salary of the Commissioner of Roads and Revenues in Peach County from $200.00 to $350.00 per month; and for other purposes.

SB 81. By S:nators Stephens, Jr. of the 50th, Ellard of the 31st, Trotter of the 37th:
A Bill to provide it shall be the duty of the .Secretary of State to furnish each member of the General Assembly a commission, and for other purposes.

SB 87. By Senator Oliver of the 54th:
A Bill to abolish the offices of Tax Collector and Tax Receiver in Tattnall County and to create the offices of Tax Commissioner, and for other purpos:s.

SR 34.

By Senators Rawls of the lOth, Hargreaves of the 5th, Holloway of the 13th, Hayes of the 14th, Williams of the 49th, and others:
A resolution adopting song "Our Georgia", written by James B. Burch, as official waltz of Georgia.

HB 32. By Messrs. Campbell of Oconee; Garrard of Wilkes; Cates of Burke; and Bargeron of Burke:

THURSDAY, FEBRUARY 1, 1951

439

A Bill to be entitled an Act tO amend an Act which Act created a
Milk Control Board, and for other purposes.

HB 59. By Mr. Hopkins of Charlton:
A Bill to lle entitled an Act to amend the charter of the ToW11 of l!omeland, and for other purposes. .

HB 75. By Messrs: Vandiver, Clay aitd wood 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.

,: '

'

i:

~



'

.

HB 15:4. By Mr. Peacock of Dodge:

A

Bill

t() :s~pplement

the

;: compensation

n~rw -~receiv:~d .by

~e

Sheriff

of Dodge County, and for other. purposes.

HB 158. By Mr.: ,Aycock o! Jenkins: ..
. A RiiLto be entitled an Act to. provide t}!.at the Sheriff of Jenkins
C_ounty s~all :receive the suw of -$150.00 I?er month iii addition to
to anf: fees .C?r compensation w~iclL he now receives, and for other
P1lFPPs~ r:
HB 209. By Messrs. Clark and BattleS, Sr. of Decatur:
A Bill to b6 entitled an Act to amend an Act to establish tl1e .City Court of Bainbridge, and for other purposes. '

HB 212. By Mr. Musgrove of Clinch::

A Bill to provide that the tax receiver in all counties of the. state having a population of not less than 5,975 and not more than' 6,500~

shall be paid. from ad valorelll<- school tax collected for the County

Board of Education; and for other purposes.



_H~; 213, B~, Mr. Jordan,- of Wheeeler: A Bill to amend an Act to abolish the offices of Tax Collector and Tax Receiver of Wheeler County, and for other purposes. -
HB 216. By Mr. Jordan of Wheeler:
A Bill to provide for the disposition and application of. fines and forfeitures arising in criminal cases in the Sup6rior Gourts and Ordinaries Traffic Courts in counties having a population of not less than 6,700 and not more than 6,740, and for other purposes.
HB 215. By Mr. Smith of Bryan:
A Bill to amend an Act which created the office of Tax Commissioner of Bryan County, and for other purposes.
HB 237. By Messrs. McWhorter, Mackay and Bell of D6Kalb:
A Bill to amend an Act to provide that no person, firm or corporation

440

JOURNAL OF THE HOUSE,

shall sell at either wholesale or retail, give away or distribute any fireworks, in counties having a population of not less than 86,000 and not more than 90,000, and for other purposes.

HB 240. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitltd an Act authorizing DeKalb County and the Governing authorities thereof to provide for the construction and
maintenance of streets, sidewalks and curbing and to levy assessments
therefor, and for other purposes.

HB 246. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system for Cltrks of the Superior Courts in counties having a population of not less than 120,000 and not more than 145,000, and for other purposes.
HB 247. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to grant to the Commissioner of Roads and Revenues or other authority having charge of fiscal affairs in an counties having a population of not less than 70,000 and not more than 71,000, to regulate in said county outside the limits of any city or town which now has authority to adopt and enforce zoning ordinances therein, etc., and for other purposes.

HB 272. By Mr. Waldrop of Douglas:
A Bill to amend an Act creating the office of Tax Commissioner of
Douglas County, and for other purposes.

HB 276. By Messrs. Graham, Holley and Bell of Richmond:
A Bill to prohibit and regulate tht sale of fireworks in certain counties, and for other purposes.

HR 90.

By Messrs. Sheffield of Brooks, Brazeal of Terrell, Carr of Whitfield, and others:
A resolution that the United States Senate be commended in its appointment of the Honorable Richard B. Russell to Chairman of the Senate Armed Service Committee.

The following message was received from the Senate through Mr. Stewart, the Secretary th6reof:
Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional majority
the following bills and resolutions of the House, to wit:
HR 49. By Messrs. Holley, Bell and Graham of Richmond: A resolution authorizing the State Librarian to furnish to the Superior

THUR.SDAY, FEBRUARY 1, 1951

441

Gourt of Richmond County, without cost to said county, certain enumerated volumes of the Georgia Supreme Court, the Court of App:als, annotated Code of Georgia; and for other purposes.

HB 210. By Messrs. Williams and Bentley of Cobb:
A Bill to change the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary of Cobb County from a fee system to a salary system; and for other purposes.

Mr. Edenfield of Emanuel County, Chairman of the Committee on Conservation submitted the following report:
Mr. Speaker: Your Committee on Gons:rvation has had under consideration the following
Bills of the House and has instruced me as Chairman, to report the same back to the House with the fofiowing recommendations:
HB 302. Do Pass. HB 424. Do Pass.
Respectfully submitted, Edenfield of Emanuel,
Chairman.

Mr. Alverson of Fulton County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Mr. Speaker: Your Committee on Counties and County Matters has bad under con-
sid:ration 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 138. Do Pass, by substitute. HB 139. Do Not Pass. HB 141. Do Not Pass. HB 142. Do Pass. HB 339. Do Pass. HB 140. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr: Alverson of Fulton County, Chairman of the Committee on Counties and County Matters, submitted the following report:

442

JOURNAL OF THE HOUSE,

M~: 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 483. . Do Pass.

HB 429. Do Pass.

HB 431. Do Pass.
. ,;
HB 432. Do Pass.

Respectfully submittf:d, Alverson of Fulton, Chairman.

Mr. Rogers of Heard 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 26-7. Do Pass, by Committee Substitute.
Respectfully submitted, Rogers of Heard; . Chairman.

Mr. Kidd of Baldwin County, Chairman of th~ 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 Chairman, to report the same back to the House with the following recommendations:
HB 398. Do Pass.
Respectfully submitted, Kidd of Baldwin, Chairman.

Mr. M. Smith of Fulton County, Chairman of the Committee on Insurance, submitted the following report:

THURSDAY, FEBRUARY 1, 1951

443

Mr. Speaker:

, Your Committee on Insurance 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 319. Do Pass.

SB 27. Do Pass.

Respectfully submitted, M. Smith of Fulton, Chairman.

Mr. Gillis of Treutlen 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 r:port the same back to the House with the following recommendations:
HB 317. Do Pass. HB 361. Do Pass. HB 400. Do Pass.
Respectfully submitted, Gillis of Treutlen, Chairman.

Mr. Bennett of Barrow County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had under consid:ration 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 305. Do Pass. SB 32. Do Not Pass.
Respectfully submitted, Bennett of Barrow, Chairman.

Mr. Sheffield of Brooks County, Chairman of the Committ:e on Public Highways No. 2 submitted the following report:

444

JOURNAL OF THE HOUSE,

Mr. Speaker:
Yoilr Committee on Public Highways No: 2 has had under consideration the followirtg Bill of the House and has instructed me as Chairrn'an, to report the same back to the House with the following recommendations:
HB 175. Do Pass.
Respectfully submitted, Sheffield of Brooks,
Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State

of. th> R~public, submitted the following report:

-

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'



Mr. Speaker:

Your Committee on State of the Republic, has had under consideration the

following Bill of the House and has instructed me ~s Chairman, to report the

same back' to the House with the following recommendations:



HB 383. Do Pass, as Amended.

Respectfully submitted,

McCracken of. Jefferson,

Chairman.

Mr, McCracken of Jefferson County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee ort State of the Republic has had under consideration the following Bills and Resolutions of the House and Senate and has inst\!ucted tne as Chairman, to report the same back to the House with the following recommendations:
HB 374. Do Pass. HB 353. Do Pass. HB 346. Do Pass. HB 357. Do Pass. HB 422. Do Pass. HB 425. Do Pass. HB 329. Do Pass, as Amended. HR 93-402c. Do Pass. HR 94-402d. Do Pass. SB 18. Do Pass, as Amended.

THURSDAY, FEBRUARY 1, 1951

445

SB 51. Do Pass. SB 52. Do Not Pass.

Respectf~lly submitted, McCracken of Jefferson, Chairman.

Mr. Bargeron, of Burke County, Chairman of the Committee on Veteran's Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Veteran's Affairs 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 301. Do Not Pass.

SB 4. Do Not Pass.

Respectfully submitted,

Bargeron of Burke,

Chairman.

By unanimous consent, the fo1loWing Bills and Resolutions of the House and Senate, fayorably reported, were read the second timE:::
HB 175. By Messrs. Ursrey of Jeff Davis, Jones of Lumpkin, Clary of McDuffie and Rogers of Heard: A Bill to be entitled an Act to provide State Control over all streets and highways adjacent to State property, and for other purposes.
HB 26'7. By Mr. Rogers of Heard: A Bill to be entitled an Act to provide for tattoo, marks and brands on Cattle, and for other purposes.
HB 302. By Messrs. Jordan of Wheeler, Langd~le of Lowndes, Hilton of Montgomery and Gillis of Treutlen: A Bill to be entitled an Act to amend an Act to abolish the department of Forestry, to create a State Forestry Commission, and for other purposes.
HB 305. By Messrs. Vandiver, Clay and Wood of Bibb: A Bill to be entitled an Act to amend an Act crE::ating a charter for the City of Macon, and for other purposes.
HB 317. By Mr. Walker of Crawford: A Bill to be entitled an Act to require operators of trucks hauling

446'

JOURNAL OF THE HOUSE,

logs to secure the same on the trucks with metal chains, and for other purposes.

HB 319. By Messrs. Adams of Upson, Wiggins of Stephens, Fears of Butts, Brantley of Upson and Parker of Baldwin:
A Bill to be entitled an Act to provide the manner in which notices of cancellation of insurance policies must be effected, and for other purposes.

HB 329. By Mr. Smith of Emanuel:
A Bill to be entitled an Act providing a method of returning vehicles for property taxation and for State Registration purposes, and for other purposes.

HB 339. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to amend an Act creating the office of Commissioners of Roads and Revenues of Walker County, and for other purposes.

HB 346. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to authorize the eligible officials and employees of the State Department of Law to become members of the "Employees Retirement System of Ga.", and for other purposes.

HB 353. By Messrs. Jones of Lumpkin, McGarity of Henry, Byrd of Taylor, Twitty of Mitchell, Ursrey of Jeff Davis and others:
A Bill to be entitled an Act to provide that the Director of Mines, Mining, and Geology shall receive a salary of $6,000 per annum, and for other purposes.

HB 357. By Messrs. Covington, Scoggin and Hall of Floyd, Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act creating the State School Building Authority, for the Deaf and Blind, and for other purposes.

HB 361. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend the Motor Common Carriers Act, by providing for the application of the said Chapter to certain taxicabs, etc., and for other purposes.

HB 374. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act entitled "Warm Air Heating Contractors", in certain counties, and for other purposes.

HB 383. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", and for other purposes.

THURSDAY; F.'EBRVARY: 1, 1951

447

HB 398. By .Mr. Cates of .Burke:

A Bill to be entitled an Act to amend an Act to provide that prisoners

committeed to the .Mill'edgeville State Hospital. for the Insane shall re-

main at said hospital until their sanity is restored, and .for other

purposes.

..

HB 400. By Messrs.'. Ray of Warren, McCracke~. of Jefferson, Brooks of Oglethorpe, Matthews of Clarke and many others:

A Bill to be 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 Americail Association of State Highway officials, and for other purposes.

HB 422. By Messrs. Hand and Twitty of Miteh~::ll, Ray of Warren and Smith

of Emanuel:



A Bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", and for other purposes.

HB 424. By Messrs. Campbell of Oconee, (;illis of Treutlen, Jordan of Wheeler, Hall of Toombs, Hilton of Montgomery and others:
A Bill to be ~::ntitled an Act to amend an Act known a.S the Soii Conservatio,n Districts Law~ and for other purposes.

HB 425. By Messrs. Hand and Twitty of Mitchell, Smith of. Emanuel, Ray of Warren, and McCracken of Jefferson:
A Bill to be entitled an Act to define the status of the busineSs <lf publishing newspapers, magazines and periodicals; to require the furnishing of space to answer any cffilrge brought in such publication against any peraon, and for otherpurposes.

HB 429. By Mr. Sivell of Harris:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Harris, and for other purposes.

HB 431. By Messrs. Bentley and Williams of Cobb:
A Bill to be entitled an Act to require candidates in. primary and general elections for members of the General Assembly in Cobb
County to specify the particular incumbent which they desire to oppose or succeed, and for other purposes.

HB 432. By Mr. Mishoe of Tattnall: A Bill to be entitled an Act to provid~:: that the Ordinary of Tattnall
County shall receive $50.00 per month in addition to fees, and for other purposes.

HB 433. By Mr. Adams of Brantley: A Bill to be entitled an Act to amend an Act providing for the office

448

JOURNAL OF THE HOUSE,

of County Treasurer of Brantley County, and for other purposes.

HR 93-402c. By Messrs. Warren of Washington, Freeman of Monroe, Rowland of Johnson, Tumlin of Bartow and Green of Cherokee:
A Resolution to encourage the State Highway Department to pay the highway laborers the minimum wage of seventy-five (75c) per hour, and for other purposes.

HR 94-402d. By Messrs._ Sheffield of Brooks, Leach of Rockdale, Brazeal of Terrell and Lanier of Candler :
A Resolution to provide special license tags for the members of the Congressional delegation, and for other purposes.

SB 4;

By Senators Carlisle of the 7th, Rawls of the lOth, Holloway of the 13th, Connell of the 6th, Mavity of the 44th, Pittman of the 53rd, and Branch of the 47th:
A Bill to be E:ntitled an Act to provide for Georgia men and women in the military services of the U. S. to participate in elections and primaries, and for other purposes.

SB 18.

By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating "The Savannah Port Authority for the Harbor and Port of Savannah", and for other purposes.

SB 27. By Senator Williams of the 19th:
A Bill to be entitled an Act to requirE: insurance companies and fraternal benefit societies to run from and including July 1 to and including the next following June 30, and for other purposes.

SB 51.

By Senators Mashburn of the 33rd, Lancaster of the 28th 'and Wall of the 9th:
A Bill to be entitled an Act to transfer the duties, powers and functions vested in the State Department of Public WelfarE:, and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 364. By Messrs. Duncan and Smith of Carroll:
A Bill to be entitled an Act to amend an Act creating and adopting a new chartE:r 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 103, nays 0.
The bill, having received the requisite constitutional majority, 'Yas passed.

THURSDAY, FEBRUARY 1, 1951

449

HB 412. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act changing the classE>s and amounts of commissions allowed to tax receivers and tax collectors 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 390. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act to incorporate the City of Buchanan, and for other purposes.
The report 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 395. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; to provide the City of Atlanta may lease a strip of land to the Atlanta Tennis Development 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 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 404. By Mr. Harris of Wayne:
A Bill to be entitled an Act to amend an Act establishing the City Court of Jesup, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having recived the requisite constitutional majority, was passed.

HB 409. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to provide for the appraisal of real property and improvements attached thereto in Fulton Cunity and the City of Atlanta by an independent quilified agency, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

450

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 415. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act by providing that in counties of a certain population, the clerk of the Superior Court may keep certain rE:cords by microfilm or other photographic process, and for other purposes.
The report 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 369. By Messrs. Vandiver and Clay of Bibb:
A Bill to be entitled an Act to amend an Act to re-enact the charter of the City of Macon, to allow the present mayor to run for another two year term, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 414. By Messrs. Johnson and Overby of Hall:
A Bill to be entitled an Act to repeal an Act relating to the payment of Coroners in counties having a cE:rtain 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 376. By Mr. Waldrop of Douglas:
A Bill to be entitled an Act to amend an Act incorporating the Town of Douglasville, and for other purposes.
The report 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 410. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to fix the salary of the Judge of Juvenile Courts in counties of a certain population to provide for its payment out of thE: county treasury, and for other purposes.

THURSDAY, l''EBRUARY 1, 1951

451

The .report 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 378. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to fix the comp:nsation of the Chairman and the members of the Board of Education in counties of a certain population, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisit: constitutional majority, was passed.

HB 379. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to fix the compensation of the Commissioners of Roads and Revenues of Spalding County, and for other purposes.
The following Committee Substitute to HB 379, was read:
SPALDING COUNTY COMMISSIONERS COMPENSATION
An Act to fix the compensation of the Commissioners of Roads and Revenues of Spalding County, Georgia, so as to fix the compensation of the Chairman of said Board at $1,800.00 per annum; and the compensation of each of the other two commissioners at $1,500.00 per annum, amending Acts of General Assembly approved March 6, 1945, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that a c:rtain Act approved March 6, 1945, fixing the compensation of Commissioners of Roads and Revenues in and for Spalding County, be, and the same is hereby amended by striking Section 1 of said Act in its entirety and substituting in lieu thereof the following S:ction:
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 Chairman of the Commissioners of Roads and Revenues of Spalding County, Georgia, shall receiv: the amount of $1,800.00 per annum in full for his services, and that each of the other Commissioners of Roads and Revenues of said County, shall receive the amount of $1,500.00 per annum. These amounts shall be in full for their services.
Section 2. This Act shall take effect immediately upon the date of its :nactment into law.
Section 3. All laws and parts of laws in conflict herewith are hereby repealed.
The Committee Substitute to HB 379, was adopted:

452

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 309. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to provide that a member of an executive committee of any political party which nominates candidates for political office shall be ineligible to hold other public office, 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 367. By Mr. Page of Chatham:
A Bill to be entitled an Act to amend the Charter of the Mayor and Council of the Town of Garden City, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 387. By Mr. Ramsey of Effingham: A Bill to be entitled an Act to amend an Act to create the City Court of Springfield, and for other purposes.
The following amendment to HB 387, was read and adopted:
Mr. Ramsey of Effingham moves to amend HB 387, by:
Striking the words and fig ..res "Eighteen Hundred ($1,800.00)" wherever they appear in said Act and substitute in lieu thereof the words and figures "Fifteen Hundred ($1,500.00) ".
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the Committees:
SB 7. By Senators Carlisle of the 7th, Connell of the 6th, Holloway of tht~

THURSDAY, FEBRUARY 1, 1951

453

13th, Pittman of the 53rd, Dunn of the 8th, and Branch of the 47th: A' Bill to be entitled an Act to repeal an Act to prevent unfair competition and unfair trade practices in the sale of cigarettes; and for other purposes.

SB 67. By Senator Willingham of the 39th:
A Bill to be entitled an Act to amend an Act which fixed the compensation of the Treasurer of Cobb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 68. By Senators Jones of the 22nd, Mallory of the 25th, Bray of the 36'th, Gould of the 4th and others:
A Bill to be entitled an Act to provide for the payment of not more than $2,000.00 per annum to each Solicitor-General for trav~::l expenses, etc., and for other purposes.
Referred to the Committee on General Judiciary No. 2.

SB 77. By Senator Wilson of the 23i:d: A Bill to be entitled an Act to provide for th~:: increase in salary of the Commissioner of Roads and Revenues of Peach County, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 81. By Senators Stephens of the 50th, Ellard of the 31st and Trotter of the 37th:
A Bill to be entitled an Act to provide that it shall be the duty of the Secretary of State to prepare and furnish to each member of the General Assembly a commission; and for other purposes.
Referred to the Committee on General Judiciary No. 1.
SB 87. By Senator Oliver of the 54th: A Bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Tattnall, and for oth~::r purposes.
Referred to the Committee on Counties and County Matters.
SR 34. By .Senators Rawls of the lOth, Hargreaves of the 5th and many others:
A Resolution adopting the song "Our Georgia" written by James B. Burch, as official waltz of Georgia, and for other purposes.
Referred to the Committee on Historical Research.

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 49-248a. By Messrs. Bell, Holley and Graham of Richmond:

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JOURNAL OF THE HOUSE,

A Resolution authorizing the State Librarian to furnish to the Superior Court of Richmond County, certain enumerated volumes of the Georgia Supreme Court, the Court of Appeals, Annotated Code of Georgia, and for other purposes.

The following Senate amendment to HR 49-248a, was read:

The Committee on General Judiciary offered the following amendment:
Amend HR 49 by striking the fifth paragraph of said resolution which reads "Annotated Code of Georgia of 1933, volume or Book No. 30 (Titles 108, 109, 110, 111 and 112) ."

Mr. Bell of Richmond moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment was agreed to.
The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 210. By Messrs. Williams and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act to change the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary of Cobb County, and for other purposes.

The Committee moves to amend HB 210 by inserting between the caption and Section 1 thereof an enabling clause to read as follows:
"BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:"
Mr. Bentley of Cobb moved that the House agree to the Senate amendment.
On the motion, the ayes were 104, nays 0.
The Senate amendment was agreed to.

Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 278. By Messrs. Hand of Mitchell, Murr and Burgamy of Sumter, Rogers of Heard and Stewart of Habersham:
A Bill to be entitled an Act to create Vocational Trade School Building Authority, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 1, 1951

455

Those voting in the affirmative were Messrs.:

Abhey of Catoosa Abney of Walker Adams of Evans Adams of Upson Alverson Aycock Ball .,
Barber of Jackson Bargeron Barrett Baughman Bell of DeKalb Bell of Richmond Bentley Best Birdsong Black Boggus Bolton Boone Brannen Brantley Brazeal Britton Brooks Burgamy Byrd
Campbell of Oconee Campbell of Walker Cates Clark Clary Claxton Clay Coogle Cornelius Covington Dally Deen Denton Dews Dicus Dorsey Duncan Durham Edenfield Fears Flynt
Freeman Gardner

Garrard Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Greer Groover Guthrie Hale Hall of Floyd Harrell Hawkins Henderson Herrin Holley Hollis Hood Huddleston Jackson Johnson of Hall Jolly
Jones of Bartow Jones of Lumpkin Jordan Kelley Kennedy Key Kidd King Knight Lam
Lavender Lewis of Greene Lewis of Hancock Lovett McCracken McGarity
McGee McKelvey McWhorter Mackay Mangum Matthews Mims Murphy
Murr
Musgrove

Nelson Otwell Overby Owens Page Pittard Ramsey Ray Register Risner Robertson of Dawson Rogers Rollins Scott Scoggin Short Sivell Smith of Bryan .Smith of Carroll Smith of Emanuel M. M. Smith of Fulton Stanton Stephens of Towns Stewart Stocks Tamplin Tarbutton Tarpley
Tillman Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Warren Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham
Wood Wooten

Those voting in the negative were Messrs.:

Adams of Brantley

Barber of Colquitt

Battles

456

JOURNAL OF THE HOUSE,

Bennett Biggers Cranford Durden

Hadden Hall of Toombs
Little Neville

Nightingale Robertson of Coweta Hoke Smith of Fulton Terry

Those not voting were Messrs.: Beasley, Burkett, Callier, Carr, Coffin, Deason, Gary, Griffith, Harper, Harris, Hilton, Hopkins, Jessup, Johnston, Kemp, Kitchens, Langdale, Lanier, Leach, Mishoe, Mull, Newman, Parker, Peacock, Pickard, Pickett, Raulerson, Rowland, Sheffield, Simmons, Smiley, Stevens of Marion, Sumner, Tippens, Todd, Walker of Crawford, Walker of Telfair, Weems, Wilkinson, Willis, Wright and Mr. Speaker.
By unanimous consent, verification of the roll was dispensed with.
On the passage of the bill, the ayes were 148, nays 15.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the Clerk was directed to change the word "three" to "five" in line 24, page 3 of the following bill of the House:

HB 1.

By Messrs. Hand of Mitchell, Matthews of Clarke, Ray of Warren, Smith of Emanuel, Twitty of Mitchell, Langdale of Lowndes and many others.

A Bill to be entitled an Act to create the State School Building Authority, and for other purposes.

Mr. Jones of Bartow arose on a point of personal privilege and addressed the House.

Mr. Smith of Bryan arose on a point of personal privilege and adressed the House.

Under the regular order of business, the following Bills of the House were taken up for consideration and read th!: third time:
HB 189. By Messrs. Pittard of Clarke, Owens of Tift, Peacock of Dodge, and many others :
A Bill to be entitled an Act to regulate and prohibit the alteration, construction, reconstruction or changing of motors of Motor Vehicles to certain degrees, and for other purposes.
Mr. Adams of Brantley moved the previous question.
An amendment offered by Mr. Jones of Lumpkin 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 46, nays 78.
The bill, having failed to receive the r!:quisite constitutional majority, was lost.
Mr. Pittard of Clarke gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 189.

THURSDAY, FEBRUARY 1, 1951

457

HB 224. By Messrs. McWhorter, Mackay and Bf:ll of DeKalb:
A Bill to be entitled an Act to amend an Act to provide a method of filling a vacancy in the office of Ordinary, and for other purposes. The following Substitute to HB 224, was read:
By Messrs. Covington, Scoggin and Hall of Floyd:

A BILL
To be entitled An Act to amend Section 24-1707 of the Code of Georgia, 1933, which section relates to the filling of vacancies in the office of Ordinary, so as to provide for thf: filling of such vacancies until an election can be held and to provide for payment; to amend Section 24-1710 of the Code of Georgia of 1933, which section relates to the proceedings when the Ordinary is disqualified, so as to provide for payment; to repeal conflicting laws; and for other purrposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That Section 24-1707 of the Code of Georgia, 1933, which section relates to thf: filling of vacancies in the office of Ordinary, is hereby amended by striking the provisions of said section and inserting new provisions so that said section shall now read as follows:
"24-1707. When a vacancy occurs in the office of Ordinary in any county it shall be the duty of the Clerk of the Superior Court of said county, on the fact of said vacancy being made known to him, within 10 days thereof to order an election to take place within 20 days from the datf: of said order, and one notice thereof shall be given by publication in the newspaper in which the Ordinary of said county publishes his citations. Provided that if such election can not be held as provided herein it shall be the duty of the Clerk to call and hold such election as soon as possible. Until the vacancy is filled the Judge of the City Court or County Court, as the case may be, shall serve as the Ordinary and shall be vested with all the powers of the Ordinary. If there bf: no such Judge or if for some reason such Judge can not serve as Ordinary, the Clerk of the Superior Court of such county shall serve as Ordinary and be vested with all the powers of the Ordinary. In the event that the Clerk of the Superior Court for some reason can not serve as Ordinary, the Judge of the SupHior Court of such county shall appoint a person to serve as Ordinary, and such person shall be vested with all the powers of the Ordinary. The Board of County Commissioners or in those counties which have no commissionHs, the Judge of the Superior Court shall fix the compensation of the person who serves as Ordinary until the vacancy is filled and such compensation shall be paid from the general funds of the county. The fees collected during such period of time shall be paid into the general funds of the county".
Section 2. That Section 24-1710 of the Codf: of Georgia of 1933,

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JOURNAL OF THE HOUSE,

which section relates to the proceedings :when the. Ordinary is di~: qualified, is hereby amendedby adding at the end thereof the following language, "If for any reason the Clerk of the Superior Court can not serve as provided in this section, the Judge of the Superior Court shall appoint a person to ,serve. The compensation of the person serving as herein provided shall be fixed by the Board of County Commissioners, or in those counties which have no County Commissioners, by the Judge of the Superior Court. Such compensation shall be paid from the general funds of the county. All fees collected during such service shall be paid into the general funds of the county", so that said section when so amended shall read as follows:
"Whenever an Ordinary is disqualified or from sickness or other causes is incapacitated to act in any cause, the County Judge or City Court Judge, and, if there be no such courts, then the Clerk of the Superior Court of such Ordinary's county may exercise all the jurisdiction of Ordinary in such cause. If for any reason the Clerk of the Superior Court can not serve as provided in this section, the Judge of the Superior Court shall appoint a person to serve. The compe.nsation of the person serving as herein provided shall be fixed by the Board of County Commissioners, or in those counties which have no County Commissioners, by the Judge of the Superior Court. Such compensation shall be paid from the general funds of the county. All fees collectE:d during such service shall be paid into the general funds of the county."
Section 3. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
The Substitute to HB 224, was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., Monday morning and the motion prevailed.

Leaves of absence were granted to Messrs. Durden of Dougherty, Burgamy
of Sumter, Lewis of Hancock and Jones of Lumpkin, on account of urgent business.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday morning.

MONDAY, FEBRUARY 5, 1951

459

Representative Hall, Atlanta, Georgia, Monday, February 5, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Dr. William Studer, Pastor, Sharon Baptist Church, Atlanta, Georgia.

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

Mr. Gallier of Talbot, Chairman of the Committe6 on Journals, reported that the Journal of Thursday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of Hous6 Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported.
5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senat6 Bills and Resolutions. 7. That the Speaker may in his discretion call up any bill on the General
Calendar in any order that he desires.

The following message was received from the Senate through Mr. Stewart, the Clerk thereof:
Mr. Speaker:
The Sr,nate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:

SB 89. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta by etxending the city limits; and for other purposes.

SB 90.

By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta so as to provide for method of future extensions of the city limits; and for other purposes.

460

JOURNAL OF THE HOUSE,

SB 91. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta to provide for creation of position of sanitary engineer; and for other purposes.

SB 92.

By Se:nator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta prohibiting city from building streets in private sub-divisions; and for other purposes.

SB 93.

By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta amending the
Police Pension Law to provide county police that come into city shall be given certain rights, benefits; and for other purposes.

SB 94. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta amending Fireman Pension Law to provide county firemen that come into city shall be given certain rights, benefits; and for other purposes.

SB 95.

By Senator Millican of the 52nd:
A bill to amend fire and police pension laws in countjes of 200,000 or more to provide for transfer of employees to other pension fund, transferring equity in the pension fund; and for other purposes.

SB 96. By Senator Millican of the 52nd:
A bill to provide for Atlanta-Fulton County joint performance committee to assist in putting the Plan of Improvement into effect; and for other purposes.

SB 97.

By Senator Millican of the 52nd:
A Bill to amend the Charter of the City of Atlanta to provide for paving of streets, for paying cost of same by property owners in installments; and for other purposes.

SB 99. By Senator Millican of the 52nd:
A bill to amend General Employees Pension Law of Atlanta to provide that when employees are transferred from county to city they be given certain rights, benefits; and for other purposes.

SB 100. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta to consolidate Municipal Revenue Collector and Tax Collector; that present Tax Collector shall be Chief Deputy; and for other purposes.

SB 101. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta relating to the power to levy and collect taxes and fix the rate; to levy tax for school purposes; and for other purposes.

MONDAY, FEBRUARY 5, 1951

461

SB 102. By Senator Millican of the 52nd:
A bill to require Atlanta and Fulton County through Civil Service Boards to make a survey of personnel practices and merit systems; to recommend a uniform personnel plan and merit system; and for other purposes.

SB 103. By Senator Millican of the 52nd:
A bill to amend Primary Laws in cities of 200,000 to provide for election of additional members as councilmen, aldermen; and for other purposes.

SB 104. By Senator Millican of the 52nd:
A bill to provide that Police Services in unincorporated areas of counties of 300,000 or more shall be rendered by largest municipality in county through contact with county; and for other purposes.

SB 105. By Senator Millican of the 52nd:
A bill to provide that the County of Fulton shall contract for fire servicE:s with cities in same county, covering fire protection in unincorporated areas; and for other purposes.

SB 106. By Senator Millican of the 52nd:
A bill to repeal law of 1922 relating to fire protection to citizens in counties of 200,000; and for other purposes.

SB 107. By Senator Millican of the 52nd:
A bill to provide a method of garbage disposal systems in unincorporated portion of Fulton County; and for other purposes.

SB 108. By Senator Millican of the 52nd:
A bill to repeal Act of 1937 relating to systems of garbage disposal in counties of 200,000 or more; and for other purposes.

SB 109. By Senator Millican of the 52nd:
A bill to providE: the method, establishment, operation and ownership of all public parks in unincorporated areas of Fulton County; and for other purposes.

SB 110. By Senator Millican of the 52nd:
A bill to repeal the Act of 1945 establishing parks and recreation Commission in Fulton County; and for other purposes.
SB 111. By Ser:ator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta to provide for establishment of Advisory Commission for Parks, for appointment of two assistant General Managers, to provide tax levy of :If.! mill for pe1manent improvemE:nts; and for other purposes.

462

JOURNAL OF THE HOUSE,

SB 113. By Senator Millican of the 52nd:
A bill to prohibit counties of 300,000 or more for repairing or maintaining roads, etc. within municipalities or any subdivision; to make certain exceptions; and for other purposes.

SB 114. By Senator Millican of the 52nd:
A bill to require Commissioner of Roads and Revfonue of Fulton County to provide office space for use by Board of Tax Assessors of Atlanta; and for other purposes.

SB 115. By Senator Millican of the 52nd:
A bill to consolidate the offices of Tax Collector and Tax Receiver of Fulton County, into office of Tax Commissioner; to provide for elections; and for other purposfos.

SB 116. By Senator Millican of the 52nd:
A bill to require Tax Receiver or Collector of Fulton County to receive tax returns for City of Atlanta on all property in that portion of the city located in Fulton County and to collect said taxes; and for other purposes.

SB 117. By Senator Millican of the 52nd:
A bill to require Commissioner of Roads and Revenue of Fulton County to fix tax levy of County on May 1st of foach year; and for other purposes.

SB 118. By Senator Millican of the 52nd:
A bill to provide for counties of 300,000 or more assuming pension, obligations of county employees; and for other purposes.

SB 119. By Senator Millican of the 52nd:
A .bill to require County Commissioners in counties of 300,000 to specify tax levy for various purposes; and for other purposes.

SB 120. By Senator Millican of the 52nd:
A bill to amend the Act creating Board of County Commissioners of Fulton County; to provide for election of all commissioners at same time; to reduce membership on Board from five to three; and for other purposes.

SB 121. By Senator Millican of the 52nd:
A bill to require Commissioners of Roads and Revenue of all counties over 300,000 to supplement funds of County Board of Education; and for other purposes.
~B 122. By Senator Millican of the 52nd:
A bill to require e!foctions in counties of 300,000 or more to be

MONDAY, FEBRUARY 5, 1951

463

held in public buildings and make it duty of county officials to furnish necessary buildings; and for other purposes.

SB 123. By Senator Millican of the 52nd:
A bill to require candidates in counties over 300,000 to file record of convictions in state courts prohibiting candidates from posting political advertiseme:nts on streets and roads; to require a majority vote for election; and for other purposes.

SB 124. By Senator Millican of the 52nd:
A bill to amend an Act regulating primaries in municipalities by providing that in cities of 200,000 or more, candidates must file record of convictions in state courts; prohibiting candidates from posting political advertisement on streets; and for other purposes.

SB 125. By Senator Millican of the 52nd:
A bill to amend the: Charter of the City of Atlanta to provide that salaries can only be adjusted January to March of each year; provide limitation in Budget Commission and provide when limits are extended that licenses issued by County shall have same standing as if issued by City; and for other purposes.

SB 126. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta so as to make election days holidays and require the City and the Board of Education to make available public buildings for holding e:lections; and for other purposes.

SB 127. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta by repealing section of Code; make Parks Committee on Chartered Committee; and for other purposes.

SB 128. By Senator Millican of the 52nd:
A bill to amend the Charte:r of the City of Atlanta by providing for military leavc, for employees, to provide for war service appointments; and for other purposes.

SB 129. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta to give Mayor and Council authority to sell a strip of land at Maddox Park; and for other purposes.

SB 130. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta to give Mayor authority to suspend employees in classified service; to give appointing authority right to suspend or dismiss employe:e, subject to appeal to personnel board; and for other purposes.

4.64

JOURNAL OF THE HOUSE,

SB 131. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta by creating additional recorder of said city; to fix his salary, authorizing Mayor and Council to create position of chief clerk in Recorder's office; and for other purposes.

SB 132. By Senator Millican of the 52nd:
A bill to amend the Charter of the Gity of Atlanta to allow tax Assessors and Receiver to occupy space at Fulton County Court House; and for other purposes.

SB 133. By Senator Millican of the 52nd:
A bill to amend th(, Charter of the City of Atlanta to provide that any public transportation company operating wholly or in part in area annexed by city shall have certain rights; and for other purposes.

SB 134. By Senator Millican of the 52nd:
A bill to provide for election of public officials in cities of more than 300,000 when such offices are created in connection with extension of corporate limits; and for other purpos(,s.

SB 135. By Senator Millican of the 52nd:
A bill to provide for rights of employees of Fulton County and the City of Atlanta who are transferred from one government to another, pertaining to salaries, credited services, retir(,ment, and for other purposes.

SB 136. By Senator Millican of the 52nd:
A bill to prevent the sale, lease or transfer by counties of 300,000 of land owner or held for public park purposes, without consent of a majority of grand jury; and for other purpose.

HB 33. By Mr. Alverson of Fulton:
A bill to be entitled an Act to be known as the Uniform Support of Dependents Law, and for other purposes.

HB 194. By Mr. Bennett of Barrow:
A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenue of the County of Barrow; and for other purposes.

HB 232. By Mr. Owens of Tift: A bill to be entitled an Act to amend an Act to repeal the present charter of the City of Tifton; and for other purposes.
HB 238. By Messrs. McWhorter, Mackay and Bell of DeKalb: A Bill to be entitled an Act to amend an Act to provide for the

MONDAY, FEBRUARY 5, 1951

465

examination for qualified Electrician, for the right to engage in said vocation, in counties having a population of not less than 85,000 and not more than 90,000.

HB 257. By Mr. Twitty of .Mitchell:
A bill to authorize the Public Service Commission to grant special permits to operate motor vehicles upon the public highways which are in excess of the limit provided by law for the weight of motor vehicles, for other purposes.

HB 273. By Messrs. Bargeron and Cates of Burke:
A bill to amend an Act to establish the City Court of Waynesboro; and for other purposes.

HB 275. By Mr. Coogle of Macon:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenue for the County of Macon; and for other purposes.

HB 286. By Mr. Owens of Tift:
A bill to be entitled an Act requ1rmg all candidates for the General Assembly in counties having a population between 22,600 and 22,615 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 287. By Messrs. Groover, Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of West Point" and for other purposes.

HB 289. By Messrs. Williams and Bentley of Cobb:
A bill to be entitled an Act to amend an Act providing for the creation of the office of Tax Commissioner of Cobb County; and for other purposes.

HB 290. By Mr. Rowland of Johnson:
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 Johnson; and for other purposes.
HB 291. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to create and incorporate the City of Lake City and for other purposes.

HB 292. By Messrs. Groover, Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of West Point; to provide for zoning ordinances; and for other purposes.

466

JOURNAL OF THE HOUSE,

HB 293. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide that in all counties having a population of not less than 15,400 and not more than 15,825, the Tax Commissioner shall have the authority to appoint an assistant Clerk; and for other purposes.

HB 294. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act to change the fee system to the salary system in the County of Clayton the Ordinary of said County; and for other purposes.

HB 295. By Mr. Jones of Lumpkin:
A Bill to be entitled an Act to provide for the terms of the Superior Court of Lumpkin County; and for other purposes.

HB 304. By Messrs. Cornelius of Polk and McKelvey of Polk:
A Bill to be entitled an Act to amend the Charter of the City of Cedartown; and for other purposes.

HR 68. By Mr. Hale of Dade:
A Resolution to authorize the State Librarian to furnish certain Supreme Court and Court of Appeals Reports to the officials of Dade County; and for other purposes.

SB 62. By Senators Willingham of the 39th, Pittman of the 53rd and' Hawes of 30th:
A bill to repeal the ceiling of $1800 per annum retirement pay for members of the State Board of Workmen's Compensation; and for other purposes.

SB 88. By Senator Hawes of the 30th:
A Bill to prohibit anyone walking or standing on any street or highway or any occupant of a motor vehicle from passing out advertising matter relative to hotels, tourist homes, tourist camps or other lodging facilities; and for other purposes.

SB 137. By Senators Duncan of the 34th and Williams of the 19th:
A bill to amend Section 113-1706 of the Code of Georgia of 1933, which relates to "the petition by the administrator to the Ordinary for an order to sell land" so as to provide that the order granted shall be binding; and for other purposes.

SB 139. By Senator Willingham of the 39th:
A bill to provide that the division of State Parks may sublease, upon approval of the Governor, any property which the State of Georgia has leased from the United States Government; and for other purposes.

MONDAY, FEBRUARY 5, 1951

467

SB 75.

By Senator Millican of the 52nd:
A bill to provide a Georgia Historical Commission within the Department of Secretary of State; to provide for the appointment and terms of the members; to provide for a secretary, his term and compensation; and for other purposes.

SB 98.

By Senator Millican of the 52nd:
A bill to establish a joint City of Atlanta-Fulton County Planning and Zoning Board of Appeals, to provide for membership, duties, powers; and for other purposes.

SB 64. By Senator Oliver of the 54th:
A bill to abolish the present charter of the City of Reidsville and to enact a new charter; and for other purposes.

SB 140. By Senator Trotter of the 37th:
A bill to amend the Charter of the City of LaGrange, to give the right to the City to grant franchises for the erection and operation of electric lines, gas lines, car lines, bus lines under and across the public streets of said city; and for other purposes.

SB 141. By Senator Trotter of the 37th:
A bill to amend the Charter of the City of LaGrange so as to provide for the fixing of the salary of the Recorder, to provide for the election of the City Recorder, his powers and duties; and for other purposes.

SB 143. By Senator Ellard of the 31st:
A bill to repeal in its entirety an Act approved Nov. 13, 1889, (Ga. Laws 1889, pages 1086-1088) incorporating the Town of Porter Mills in Habersham County, appointing commissioners for same and declaring their powers; and for other purposes.

SB 148. By Senator Hughes of the 32nd:
A bill to amend the Act incorporating the Town of Dawsonville authorizing the Mayor and Council to levy and collect taxes; to issue bonds and certificates to construct sewers, drains, light and power systems; and for other purposes.

SB 151. By Senator Duncan of the 34th:
A bill to amend the charter of the Town of Grayson, to authorize the granting of franchises and easements; and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate, to wit:
SB 42. By Senators Connell of the 6th, Carlisle of the 7th, Rawls of the lOth, and Willingham of the 39th:

468

JOURNAL OF THE HOUSE,

A bill to provide a contingent expense of $300.00 per month for the Judges of the Superior Court; to provide no Judge shall receive more than $12,000 per annum as a salary and allowance; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:

HB 3.

By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Campbell of Walker and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act providing for the levy and collection of a tax for support of State Government education purposes, to pay the public debt, and for other purposes.

HB 14. By Messrs. Bell of Richmond, Page of Chatham and Bennett of Barrow:
A Bill to be entitled an Act to amend an Act relating to recording of deeds so as to provide that deeds shall be presumed to be executed in the State and County of the official attesting witness notwithstanding the caption to the contrary, and for other purposes.

HB 118. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon; and for other purposes.
By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:

HB 460. By Mr. Birdsong of Troup:
A Bill to be entitled an Act to provide that any common school, city or county, which receives any appropriations or subsidies from the State of Georgia shall carry fire insurance on its buildings and properties, and for other purposes.
Referred to the Committee on Insurance.

HB 461. By Mr. Birdsong of Troup:
A Bill to be entitled an Act to authorize and provide that an Administrator or Executor may sue and recover for the homicide of a decedent the full value of the life of the decedent, and may, within the approval of the Ordinary, settle all claims for such homicide; and for other purposes.
Referred to the Committee on Insurance.

HB 462. By Messrs. Pittard of Clarke, Lanier of Candler, Bolton of Spalding, Mackay of DeKalb and many others:

MONDAY, FEBRUARY 5, 1951

469

A Bill to be entitled an Act to extend the provisions of the Merit System Act to include the employees of the State Department of Veterans Service, and for other service, and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 463. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to reclassify for taxation certain intangible property consisting of long term notes secured by real estate, and for other purposes.
Referred to the Committee on State of Republic.

HB 464. By Messrs. Lewis of Hancock, and McCracken of Jefferson:
A Bill to be entitled an Act to pr!>vide for Reports to the State Fire Marshal of Fires and Explosions in this State, and for other purposes.
Referred to the Committee on Insurance.

HB 465. By Messrs. Harper of Spalding, Tippins of Wilcox and Smith of Emanuel:
A Bill to be entitled an Act requiring the Insurance Commissioner to fix the Commission rate payable to agents by insurance companies licensed to do business in this State which write fire and allied lines of insurance and which compensate their agents in whole or in part on a commission basis, and for other purposes.
Referred to the Committee on Insurance.
HR 98-465a. By Mr. Kidd of Baldwin:
A Resolution dissolving the Tax Revision Committee, and for other purposes.
Referred to the Committee on State of Republic.
HB 466. By Mr. Guthrie of Berrien:
A Bill to be entitled an Act to place the Sheriff of Berrien County upon a salary basis in lieu of a fee basis; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 467. By Mr. Guthrie of Berrien:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Berrien County upon a salary basis, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 468. By Messrs. Bell, Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur, and for other purposes. Referred to the Committee on Municipal Government.

470

JOURNAL OF THE HOUSE,

HB 469. By Mr. Ball of Lamar:
A Bill to be entitled an Act to amend an Act incorporating the City of Barnesville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 470. By Mr. Dean of Bacon:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Bacon County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 471. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act incorporating the City of Tallapoosa, and for other purposes.
Referred to the Committee on Municipal Government.

HB 472. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Wrens, and for other purposes.
Referred to the Committee on Municipal Government.

HB 473. By Messrs. Johnson and Overby of Hall:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Gainesville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 474. By Messrs. Duncan and Smith of Carroll:
A Bill to be entitled an Act to repeal an Act establishing a Board of Tax Equalizers and providing for ti~e and manner of fi~ing and assessing real and personal property for taxation and for other purposes.
Referred to the Committee on Municipal Government.
HB 475. By Mr. Boone of Wilkinson:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 476. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; to provide for annexation of the Howell property; and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, FEBRUARY 5, 1951

471

HR 99-476a. By Mr. McKelvey of Polk:
A Resolution proposing an amendment so as to provide for the election of a county school superintendent of Polk County by the qualified' voters of the. county instead of by the county board of education; and for other purposes.
Referred to the Committee on Amendments to the Constitution #2.

HR 100-476b. By Messrs. Kidd and Parker of Baldwin:
A Resolution proposing an amendment so as to provide for the election of members of the County Board of Education of Baldwin County, and for other purposes.
Referred to the Committee on Amendment to the Constitution #2.

HR 101-476c. By Messrs. Bell, Graham and Holley of Richmond:
A Resolution proposing an amendment to provide that the General Assembly may grant to the governing body of Richmond 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 the Committee on Amendments to the Constitution # 2.

HR 102-476d. By Mr. Lewis of Hancock:
A Resolution requesting the State Librarian to furnish law books to the .Clerk of the Superior Court of Hancock County, and for other purposes.
Referred to the Committee on Public Library.

Mr. Alverson of Fulton 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 considera-
tion 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 451. Do Pass. HB 450. Do Pass.
HB 456. Do Pass. HB 446. Do Pass.
HB 449. Do Pass.
HB 457. Do Pass.
SB 67. Do Pass.
SB 77. Do Pass.

472

JOURNAL OF THE HOUSE,

HB 459. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education #1, submitted the following report:
Mr. Speaker:
Your Committee on Education # 1 has had under consideration the follow-
ing Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 44. Do Pass.
Respectfully submitted,
Duncan of Carroll,
Chairman.

Mr. Overby of Hall 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 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:
HR 88-383d. Do Pass.
SB 2. Do Pass.
SB 9. Do Pass.
Respectfully submitted,
Overby of Hall,
Chairman.

Mr. Bennett of Barrow 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 406. Do Pass.
HB 408. Do Pass.
HB 411. Do Pass.
HB 413. Do Pass.

MONDAY, FEBRUARY 5, 1951

473

HB 384. Do Pass. HB 430. Do Pass. HB 427. Do Pass. HB 405. Do Pass. HB 435. Do Pass.

Respectfully submitted, Bennett of Barrow, Chairman.

Mr. Henderson of Atkinson 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 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 76-361a. Do Pass.
HB 423. Do Pass.
Respectfully submitted,
Henderson of Atkinson,
Chairman.

Mr. Smiley of Liberty 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 81-361f. Do Pass. HR 44-207b. Do Pass. HR 80-361e. Do Not Pass. HR 73-331c. Do Pass. HR 75-331e. Do Pass. HR 35-189b. Do Pass. HR 74-331d. Do Pass. HR 79-361d. Do Pass.
Respectfully submitted,
Smiley of Liberty,
Chairman.

474

JOURNAL OF THE HOUSE,

Mr. Campbell of Walker 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 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.
Respectfully submitted,
Campbell of Walker,
Chairman.

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined the following Bills and Resolutions of the House and find them properly engrossed:
HB 27. HB 288. HB 333. HB 335. HB 336. HB 338. HB 343. HB 344. HB 345. HB 362. HB 365. HB 368. HB 385. HB 388. HB 389. HB 391. HB 392. HB 393. HB 394. HR 47-216a. HB 14.

MONDAY, FEBRUARY 5, 1951

4'75

HB 224. HB 278. HB 309. HB 364. HB 367. HB 369. HB 376. HB 378. HB 379. HB 387. HB 390. HB 395. HB 404. HB 409. HB 410. HB 412. HB 414. HB 415.

Respectfully submitted, Green of Rabun, Chairman.

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

HB 384. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act relating to the public schools in the City of Tallapoosa, and for other purposes:

HB 405. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Forest Park, and for other purposes.

HB 406. 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.

HB 408. By Messrs. Trapnell and Neville of Bulloch: A Bill to be entitled an Act to amend an Act establishing a new char-

476

JOURNAL OF THE HOUSE,

ter for the City of Statesboro, and for other purposes.

HB 411. By Messrs. Smith and Duncan of Carroll:
A Bill to be entitled an Act to amend the Act establishing the City Court of Carrollton, to increase the salary of Judge, and for other purposes.

HB 413. By Messrs. Johnson and Overby 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 423. By Messrs. Smith of Emanuel, Overby of Hall, Jessup of Bleckley, Aycock of Jenkins, Duncan of Carroll and Hopkins of Charlton:
A Bill to be entitled an Act to authorize the Governor to fix the compensation of the Director of the Department of State Parks, Historic Sites and Monuments; and for other purposes.

HB 427. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend the charter of the Town of Bowdon, and for other purposes.

HB 430. By Messrs. Gardner 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 435. By Mr. Duncan of Carroll: A Bill to be entitled an Act to amend an Act incorporating the Town of Whitesburg, and for other purposes.

HB 446. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to provide that Clerk of Superior Court shall attend the trial in Court of Ordinary in traffic cases, in counties of a certain population, and for other purposes.

HB 449. By Mr. Robertson of Dawson:
A Bill to be entitled an Act to provide for the holding of terms of the Superior Court in Dawson County, and for other purposes.

HB 450. By Mr. Tippens of Wilcox:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues in the County of Wilcox, and for other purposes.

HB 451. By Mr. Robertson of Dawson:
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 Dawson, and for other purposes.

MONDAY, FEBRUARY 5, 1951

477

HB 456. By Mr. Kennedy of Turner:
A Bill to be entitled an Act to amend an Act which creates the Board of Commissioners of Roads and Revenues for the County of Turner, and for other purposes.

HB 457. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Catoosa, and for other purposes.

HB 459. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to abolish the office of Commissioner of Roads and Revenue for the County of Catoosa, and for other purposes.

HR 35-189b. By Mr. Alverson of Fulton:
A Resolution to provide for payment to Ferman Bullard the sum of $135.00 for damages to his automobile, and for other purposes.

HR 44-207b. By Mr. Walker of Telfair:
A Resolution to authorize the State Board of Corrections to reimburse Honorable T. J. Wells for damages done to his automobile by two escaped State convicts, and for other purposes.

HR 73-331c. By Mr. Alverson of Fulton:
A Resolution to compensate F. C. Sturmer for damages to his automobile caused by the negligence of an employee of the Georgia State Highway Department, and for other purposes.

HR 74-331d. By Mr. Mishoe of Tattnall:
A Resolution to compensate F. L. Pearson and D. B. Wilds for loss of cattle, and for other purposes.

HR 75-331e. By Mr. McCracken of Jefferson:
A Resolution to compensate Joseph Keating and Rose Mary Keating, and for other purposes.

HR 76-36la. By Messrs. Henderson of Atkinson, Green of Irwin, Greene of Crisp and many others :
A Resolution to provide that all automobiles hereafter purchased by the Department of Public Safety shall be purchased in their original stock colors and properly identified, and for other purposes.

HR 79-361d. By Mr. Pickett of Pickens:
A Resolution to provide funds to compensate Willis Rackley for the loss of one Horse hit by State Patrol, and for other purposes.

478

JOURNAL OF THE HOUSE,

HR 81-361f. By Messrs. Covington, Scoggin and Hall.of Floyd:
A Resolution to compensate Millard E. Weaver, Clinton Brock, and several others for expenses for injuries in an accident while in the National Guard, and for other purposes.

HR 88-383d. By Mr. Bolton of Spalding:
A Resolution authorizing the Adjutant General to enter into a contract with the City of Griffin, concerning a trust fund, and for other purposes.

SB 2.

By Senators Rawls of the lOth, Carlisle of the 7th, Connell of the 6th, Holloway of the 13th, Pittman of the 53rd and others:
A Bill to be entitled an Act relating to establishment of a Civil defense agency, and for other purposes.

SB 6.

By Senators Rawls of the lOth, Pittman of the 53rd and many others:
A Bill to be entitled an Act to amend an Act to provide for the leasing of the overhead rights on property owned by Western-Atlantic Railroad, and for other purposes.

SB 9.

By Senators Rawls of the lOth, Carlisle of the 7th and many others:
A Bill to be entitled an Act to amend an Act to authorize the issuance of drivers license without cost to certain veterans, and for other purposes.

SB 44.

By Senators Strickland of the 38th, Coleman of the 18th and many others:
A Bill to be entitled an Act to recognize the existing system of Vocational Rehabilitation of the physically or mentally impaired, including the blind citizens of Georgia, and for other purposes.

SB 67. By Senator Willingham of the 39th:
A Bill to be entitled an Act to amend an Act which fixed the compensation of the Treasurer of Cobb County, and for other purposes.

SB 77.

By Senator Wilson of the 23rd:
A Bill to be entitled an Act to provide for the increase in salary of the Commissioner of Roads and Revenues of Peach County, and for other purposes.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 138. By Messrs. Abney of Campbell of Walker: A Bill to be entitled an Act to place the Sheriff of Walker County on a salary basis, and for other purposes.
The following Committee Substitute to HB 138, was read:

MONDAY, FEBRUARY 5, 1951

479

A BILL
To be entitled An Act to place the Ordinary, Sheriff and Clerk of the Superior Court of Walker County upon a salary basis in lieu of a fee basis; to provide for additional help for said officers; to provide for a referendum; to repeal all conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:

SECTION 1.
That the Ordinary, Sheriff and Clerk of the Superior Court of Walker County shall each be compensated in the amount of six thousand ($6,000.00) dollars per annum which shall be in lieu of any and all fees now received by said officers. In addition, the Sheriff shall also be reimbursed for his actual travel expenses incurred in connection with his official duties, not to exceed one hundred ($100.00) per month. The same set out herein shall be paid monthly from the general funds of Walker County:

SECTION 2.
That the said Clerk is hereby authorized to employ a chief deputy clerk who shall receive the sum of two thousand ($2000.00) dollars per annum, to be paid in equal monthly installments from the general funds of Walker County.

SECTION 3.
That the Sheriff is hereby authorized to employ a chief deputy sheriff who shall receive the sum of two thousand ($2000.00) dollars per annum, to be paid in equal monthly installments from the general funds of Walker County.

SECTION 4.
That the said Ordinary, Sheriff and Clerk shall be authorized and empowered to employ such additional deputies, assistants and clerical help as are necessary to properly perform the functions and duties of their offices; provided, that the number of such employees and the salaries thereof shall be first approved by the Commissioner of Roads and Revenues of Walker County. The salaries of such employees shall be paid from the general funds of Walker County.

SECTION 5.
That all fees, costs and other monies of any kind collected by the said Ordinary, Sheriff and Clerk of the Superior Court in their official duties shall be paid into the general funds of Walker County and become a part thereof; provided, that the funds expended for the upkeep of prisoners in the county jail shall be paid from the general funds of Walker County.

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JOURNAL OF THE HOUSE,

SECTION 6.
The question of whether this Act shall become effective shall be submitted to the qualified voters within Walker County. Within ten days after the passage of this Act, it shall be the duty of the Ordinary of Walker County to issue a call for a special election by the qualified voters within Walker County, said election to be held in not less than twenty nor more than thirty days after the issuance of the call. The ballots shall have printed thereon the words:
"For an Act to place the Ordinary, Sheriff and Clerk of the Superior Court of Walker County upon a salary basis of six thousand ($6000.00) dollars each in lieu of a fee basis, and to provide for additional help for said officers,"
and
"Against an Act to place the Ordinary, Sheriff and Clerk of the Superior Court of Walker County upon a salary basis of six thousand ($6000.00) dollars each in lieu of a fee basis, and to provide for additional help for said officers."
If a majority of the qualified voters voting in said election shall vote for the Act, the Ordinary shall so certify, and the Act shall become effective on the first day of the month following said election. If a majority of the voters voting in said election shall vote against the Act, the Ordinary shall so certify and the Act shall not become effective.

SECTION 7.
That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

NOTICE OF LOCAL LEGISLATION.
Notice is hereby given that there will be introduced in the General Assembly of Georgia which convenes on the second Monday in January, 1951, a Bill to be entitled:
A Bill to place the Sheriff on a salary basis in lieu of a fee basis, and provide for a deputy, and provides that all fees be paid into the county treasury.

GEORGIA, WALKER COUNTY.
I, E. P. Hall, hereby certify that I am the Publisher of the Walker County Messenger, and that the above notice was published in said newspaper, the same being the public gazette of said county, in three separate editions of said newspaper, to wit: December 27, 1950; January 3 and January lOth, 1951.
Is/ E. P. Hall, Publisher.
Sworn to and subscribed before me this the 13th day of January 1951.
Is/ Betty Lou Hall Notary Public, Walker County, Ga. (SEAL)

MONDAY, FEBRUARY 5, 1951

481

NOTICE OF LOCAL LEGISLATION
Notice is hereby given that there will be introduced in the General Assembly of Georgia which convenes on the second Monday in January, 1951, a Bill to be entitled:
A bill to place the Ordinary on a salary basis in lieu of a fee basis, and provides that all fees be paid into the county treasury.

GEORGIA, WALKER COUNTY.
I, E. P. Hall, hereby certify that I am the Publisher of the Walker County Messenger, and that the above notice was published in said newspaper, the same being the public gazette of said county, in three separate editions of said newspaper, to wit: December 27, 1950; January 3 and January lOth; 1951.
Is/ E. P. Hall, Publisher.
Sworn to and subscribed before me this the 13th day of January 1951.
/s/ Betty Lou Hall Notary Public, Walker County, Ga. (SEAL)

NOTICE OF LOCAL LEGISLATION
Notice is herebf given that there will be introduced into the General Assembly of Ge-orgia which convenes on the second Monday in January, 1951, a Bill to be entitled:
A bill to place the Clerk of Superior Court <in a salary basis in lieu of a fee basis and provide for a deputy, and provides that all fees be paid into the county treasury.

GEORGIA, WALKER COUNTY.
I, E. P. Hall, hereby certify that I am Publisher of the Walker County Messenger, and that the above notice was published in said newspaper, the same being the public gazette of said county, in three separate editions of said newspaper, to wit: December 27, 1950; January 3 and January 10, 1951.
/s/ E. P. Hall, Publisher.
Sworn to and subscribed before me this the 13th day .of January 1951.
/s/ Betty Lou Hall Notary Public, Walker County, Ga. (SEAL)

The Committee Substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 103, nays 0.

482

JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 140. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Walker County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 142. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to abolish the County Court of Walker County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 305. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act creating 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following minority report was filed:
Feb. 1, 195f Mr. Bennett of Barrow, Chairman of Committee on Municipal Government, submits the following minority report: Mr. Speaker: Your Committee on Municipal Government has had under consideration HB 305 and as Chairman, I herewith dissent from the report of the Committee and recommend that HB 305 do not pass for the following reason:
The bill was not properly advertised as required by the Constitution of Georgia.
Respectfully submitted, J. Julian Bennett, Chairman.

MONDAY, FEBRUARY 5, 1951

483

HB 339. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to amend an Act creating the office of Commissioners of Roads and Revenues of Walker County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 429. By Mr. Sivell of Harris:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Harris, and for other purposes.
The report 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 431. By Messrs. Bentley and Williams of Cobb:
A Bill to be entitled an Act to require candidates in primary and general elections for members of the General Assembly in Cobb County to specify the particular incUlll\hent which they desire to oppose, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 432. By Mr. Mishoe of Tattnall:
A Bill to .be entitled an Act to provide that the Ordinary of Tattnall County shall receive $50.00 per month in addition to fees, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 433. By Mr. Adams of Brantley:
A Bill to be entitled an Act to amend an Act providing for the office of County Treasurer of Brantley County, 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 111, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 230. By Messrs. McWhorter, Mackay and Bell of DeKalb and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act by providing that in counties of a certain population, that the Clerks of the Superior Courts may provide separate index books and recording instruments affecting real estate and personal property, and for other purposes.

The following amendment to HB 230, was read and adopted:
The Committee on General Judiciary #2 moves to amend HB 230 by striking the figures "130,000" wherever the same appear in the body and caption and substituting therefor the figures "117,000".
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 1l2, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

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

SB 62. By Senators Willingham of the 39th, Pittman of the 53rd and Hawes of the 30th:
A Bill to be entitled an Act to repeal an Act relating to the retirement of members of the State Board of Workmen's Compensation, etc., and for other purposes.
Referred to the Committee on Industrial Relations.

SB 64. By Senator Oliver of the 54th:
A Bill to be entitled an Act to incorporate the City of Reidsville, and for other purposes.
Referred to the Committee on Municipal Government.

SB 88. By Senator Hawes of the 30th:
A Bill to be entitled an Act to prohibit the standing or walking, or hiring of another to stand or walk, in a public street or highway for the purpose of offering to any occupant of a motor vehicle, or the placing or throwing in a motor vehicle of advertising matter relative to hotels, etc., and for other purposes.
Referred to the Committee on Public Welfare.

SB 89. By Senator Millican of the 52nd: A Bill to amend the charter of the City of Atlanta by extending the

MONDAY, FEBRUARY 5, 1951

483

city limits; and for other purposes. Referred to the Committee on Counties and County Matters.
SB 90. By Senator Millican of the 52nd: A Bill to amend the charter of the City of Atlanta so as to provide for method of future extensions of the City limits, and for other purposes.
Referred to the Committee on Municipal Government.
SB 91. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend the Charter of the City of Atlanta to provide for creation of the position of sanitary engineer, and for other purposes.
Referred to the Committee on Municipal Government.
SB 92. By Senator Millican of the 52nd: A Bill to amend the charter of the City of Atlanta prohibiting city from building streets in private sub-divisions, and for other purposes.
Referred to the Committee on Municipal Government.
SB 93. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend the charter of the City of Atlanta amending the Police Pension Law; to provide county police that come into city shall be given certain rights, benefits, and for other purposes.
Referred to the Committee on Municipal Government.

SB 94. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta amending Fireman Pension Law; to provide county firemen that come into city shall be given certain rights, benefits; and for other purposes.
Referred to the Committee on Municipal Government.
SB 95. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the fire and police pension law in counties of 200,000 or more; to provide for transfer of employees to other pension fund, transferring equity in the pension fund; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 96. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for Atlanta-Fulton County joint performance committee to assist in putting the Plan of Improvement into effect; and for other purposes.
Referred to the Committee on Counties and County Matters.

486

JOURNAL OF THE HOUSE,

SB 97. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to provide for paving of streets, for paying cost of same by property owners in installments, and for other purposes.
. Referred to the Committee on Municipal Government.

SB 98. By Senator Millican of the 52nd:
A Bill to be entitled an Act to establish a joint city of. Atlanta-Fulton County Planning and Zoning Board of Appeals; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 99. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the General Employees Pension Law of Atlanta; to provide that when employees are transferred from county to city they be given certain rights, benefits, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 100. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to consolidate Municipal Revenue Collector and Tax Collector, and for other purposes.
Referred to the Committee on Municipal Government.
SB 101. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta relating to the power to levy and collect taxes and fix the rate, and to levy tax for school purposes, and for other purposes.
Referred to the Committee on Municipal Government.
SB 102. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require Atlanta and Fulton County, through civil service Boards, to make a survey of personnel practices and merit systems; to recommend a uniform personnel plan and merit system, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 103. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Primary Laws in cities of 200,000; to provide for election of additional members as councilmen, aldermen, and for other purposes.
Referred to the Committee on Municipal Government.

SB 104. By Senator Millican of the 52nd: A Bill to be entitled an Act to provide that Police Services in unin-

MONDAY, FEBRUARY 5, 1951

487

corporated areas of counties of 300,000 or more shall be rendered by largest municipality in county through contract with county, and for other purposes.
Referred to the Committee on Municipal Government.

SB 105. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide that the County of Fulton shall contract for fire services with cities in same county, covering fire protection in unincorporated areas, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 106. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal the law of 1922 relating to fire protection to citizens in counties of 200,000; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 107. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide a method of garbage disposal systems in unincorporated portions of Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 108. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal an Act of 1937 relating to systems of garbage disposal in counties of 200,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 109. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide the method, establishment, operation and ownership of all public parks in unincorporated areas in Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 110. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal the Act of 1945 establishing parks and recreation Commission in Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 111. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta; to provide for establishment of an Advisory Commission for Parks, etc., and for other purposes.
Referred to the Committee on Municipal Government.

488

JOURNAL OF THE HOUSE,

SB 112. By Senator Millican of the 52nd:
A Bill to be entitled an Act to prohibit counties of 300,000 or more from repairing or maintaining roads, etc., within municipalities or any subdivision; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 114. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require the Commissioner of Roads and Revenue of Fulton County to provide office space for use by Board of Tax Assessors of Atlanta, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 115. By Senator Millican of the 52nd:
A Bill to be entitled an Act to consolidate the offices of Tax Collector and Tax Receiver of Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 116. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require Tax Receiver or Collector of Fulton County to receive tax returns for City of Atlanta on all property in that portion of the city located in Fulton County and to collect said taxes and for other purposes.
Referred to the Committee on Municipal Government.

SB 117. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require the Commissioner of Roads and Revenue of Fulton County to fix tax levy of County on May 1st of each year, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 118. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for counties of 300,000 or more assuming pension obligations of county employees, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 119. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require County Commissioners in counties of 300,000 to specify tax levy for various purposes, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 120. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend the Act creating a Board of

MONDAY, FEBRUARY 5, 1951
County Commissioners of Fulton County; to provide for election of all commissioners at the same time, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 121. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require Commissions of all counties over 300,000 to supplement funds of County Board of Education, and for other purposes. Referred to the Committee on Counties and County Matters.
SB 122. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require elections in counties of 300,000 or more to be held in public buildings and make it the duty of the county officials to furnish necessary buildings, and for other purposes. Referred to the Committee on Counties and County Matters.
SB 123. By Senator Millican of the 52nd: A Bill to be entitled an Act to require candidates in counties over 300,000 population to file record of convictions in state courts; prohibiting candidates from posting political advertisements on streets and roads; to require a majority vote for election; and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 124. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend an Act regulating primaries in municipalities by providing that in cities of 200,000 or more, candidates must file record of convictions in State courts; prohibiting candidates from posting political advertisement on streets; and for other purposes.
Referred to the Committee on Municipal Government.
SB 125. By Senator Millica~ of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to provide that salaries can only be adjusted January to March of each year; and for other purposes.
Referred to the Committee on Municipal Government.
SB 126. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta so as to make election days holidays and require the city and the Board of Education to make available public buildings for holding elections, and for other purposes.
Referred to the Committee on Municipal Government.

. 490

JOURNAL OF THE HOUSE,

SB 127. 'By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta by repealing Section of the Code; make Parks Committee on Chartered Committee, and for other purposes.
Referred to the Committee on Municipal Government.

SB 128. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta by providing for military leave for employees, to provide for war service appointments; and for other purposes.
Referred to the Committee on Municipal Government.

SB 129. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to give the Mayor and Council authority to sell a strip of land at Maddox Park, and for other purposes.
Referred to the Committee on Municipal Government.

SB 130. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to give the Mayor authority to suspend employees in classified service; and for other purposes.
Referred to the Committee on Municipal Government.
SB 131. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta by creating additional recorder of said City, and for other purposes.
Referred to the Committee on Municipal Government.
SB 132. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to allow tax Assessors and Receivers to occupy space at Fulton County Court House, and for other purposes.
Referred to the Committee on Municipal Government.
SB 133. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to provide that any public transportation company operating wholly or in part in area annexed by city shall have certain rights, and for other purposes. Referred to the Committee on Municipal Government.
SB 134. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for election of public officials

MONDAY, FEBRUARY 5, 1951

491

in cities of more t}lan 300,000 when such offi<;es arfi! created in connection with extension of corporate limits; and for other purposes.
Referred to the Committee on Municipal Government.

SB 135. By Senator Millican of the 52nd:

A Bill to be entitled an Act to provide for rights of employees of

Fulton County and the City of Atlanta who are transferred from one

government to another, pertaining to salaries, credited services,.retire-

ment, and for other purposes.





Referred to the Committee on Counties and County Matters.

SB 136. By Senator Millican of the 52nd:
A Bill to be entitled an. Act to prevent the sale, lease or transfer by counties of 300,000 of land owned or held for public park purposes, without consent of a majority of the grand jury, and for other purposes.
Referred to the Committee on Counties and County .Matters.

SB 137. By Senators Duncan of the 4th and Williams of the 19th:
A Bill to be entitled an Act to amend an Act relating to the Petition by the administrator to the Ordinary for an order to sell land and the notice required therefor, and for other purposes.
Referred to the Committee on General Judiciary #1

SB 139. By Senator Willingham of the 39th:
A Bill to be entitled .an Act to authorize the Director of the Division of State Parks, Historical Sites and Monuments of the Dept. of Natural Resources to sublease, upon approval of the Governor, any property which the State of Georgia has leased from the U. S. Government or any a,gency or depa.rtment thereof; and for other purposes.
Referred to the Committee on Public Property.

SB 140, By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend the Charter of the eity of LaGrange, and for other purposes.
Referred to the Committee on Municipal Government.

SB 141. By Senator Trotter of the 37th: A Bill to be entitled an Act to amend the Charter of the City of LaGrange, and for other purposes.
Referred to the Committee on Municipal Government.
SB 143. By Senator Ellard of the 31st: A Bill to be entitled an Act to repeal an Act incorporating the Town of Porter Mills, and for other purposes.

492

JOURNAL OF THE HOUSE,

Referred to the Committee on Municipal Government.

SB 148. By Senator Hughes of the 32nd:
A Bill to be entitled an Act to amend an Act relating to the Town of Dawsonville, and for other purposes.
Referred to the Committee on Municipal Government.

SB 151. By Senator Duncan of the 34th:
A Bill to be entitled an Act to amend the Charter of the Town of Grayson, and for other purposes.

Referred to the Committee on Municipal Government. SB 75. By Senators Millican of the 52nd and Stephens of the 50th:
A Bill to be entitled an Act to create within the Department of the Secretary of State a Commission to be known as the Georgia Historical Commission, and for other purposes.
Referred to the Committee on Historical Research.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 3.

By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, Campbell of Walker and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act providing for the levy and collection of a tax for support of State Government, to repeal nuisance taxes, and for other purposes.

The following Senate amendments to HB 3, were read:
First: By striking the date January 1, 1951 in the first line of the caption of said the bill and inserting in lieu thereof the phrase "on and after June 30, 1951".
Second: By striking in line three of the second paragraph in Section 1 of said bill after January 1, 1951 and inserting in lieu thereof a new phrase as follows:
"On and after June 30, 1951".
Third: By striking in the third paragraph of the caption of said bill the following language:
"paragraph 43, imposing an annual license or occupation tax on do-
mestic and domesticated foreign corporations; paragraph 44, imposing an annual license or occupation tax on foreign corporations; paragraph 45, providing for the payment of the tax imposed by paragraph 44;"
Fourth: By striking in Section 1 on page 6 of said bill the following language:

MONDAY, FEBRUARY 5, 1951

493.

"paragraph 43, imposing an annual or occupation tax on domestic and domesticated foreign corporations; paragraph 44, imposing an annual license or occupation tax on foreign corporations; paragraph 45, providing for the payment of the tax imposed by paragraph 44 ;"
Fifth: By striking in the fifth paragraph of the caption of said bill the following language:
"paragraph 91, imposing a tax upon salary and wage buyers;" and substituting in lieu thereof the following: "to amend paragraph 91 imposing a tax upon salary and wage buyers increasing the tax on same from $250 per annum to $1,000 per annum."
Sixth: By striking in the fourth paragraph of Section 1 of said bill on
page 7 thereof the following language:
"paragraph 91, imposing a tax upon salary and wage buyers."
Seventh: By adding to the caption of the bill in the last paragraph thereof the same appears on page 3 of such bill after the language "Paragraph 110, imposing a tax upon Automobile Financing businesses" the following:
"To amend paragraph 43 of Section 2 of the aforesaid act so as to change the method of computing the tax levied on domestic and domesticated foreign corporations and to change the method of paying same so as to provide that all such tax shall be paid directly to the State Revenue Commissioner where such tax has been previously paid to tax collectors in the local counties in this state; and to amend paragraph 91 of Section 2 of the aforesaid act by increasing the tax on salary and wage buyers from $250 per annum to $1000 per annum".
Eighth: By adding to said bill a new section after Section 5 therein to be designated as section (5a) to read as follows:
"section (5a). That paragraph 43 of Section 2 of aforesaid act be and the same is hereby stricken in its entirety and a new paragraph 43 enacted in lieu thereof to read as follows: "Paragraph 43. Corporations, Domestic and Domesticated Foreign. All corporations incorporated under the laws of Georgia, except those that are not organized for pecuniary gain or profit; and Domesticated Foreign Corporations, in addition to all other taxes now required of them by law, are hereby required to pay each year an annual license or occupation tax as specified in the following scale:
Corporations with net worth including issued capital stock, paidin surplus and earned surplus not exceeding $10,000, $10.00.
Corporations with net worth including issued capital stock, paid-in surplus and earned surplus over $10,000 and not over $25,000, $30.00.
Corporations with net worth including issued capital stock, paid-in surplus and earned surplus over $25,000 and not over $75,000, $75.00.
Corporations with net worth including issued capital stock, paidin surplus and earned, surplus over $75,000 and not over $100,000, $100.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $100,000 and not over $300,000, $200.00.

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Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $300,000 and not over $500,000, $250.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $500,000 and not over $750,000, $300.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $750,000 and not over $1",000,000, $500.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $1,000,000 and not over $2,000,000, $750.00.
Corporations with net worth including issued capital stock, paidin surplus ond earned surplus over $2,000,000 and not over $4,0(}0,000, $1,000.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $4,000,000 and not over $6,000,000, $1,250.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $6,000,000 and not over $8,000,000, $1,500.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $8,000,000 and not over $10,000,000, $1,750.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $10,000,000 and not over $12,000,000, $2,000.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $12,000,000 and not over $14,000,000, $2,500.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $14,000,000 and not over $16,000,000, $3,000.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $16,000,000 and not over $18,000,000, $3,500.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $18,000,000 and not over $2(},000,000, $4,000.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $20,000,000 and not over $22,000,000, $4,500.00.
Corporations with net worth including issued capital stock, paidin surplus and earned surplus over $22,000,000, $5,000.00.
For the purpose of ascertaining the tax hereby imposed, the net worth of a corporation shall be presumed to be the net worth as dis-

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closed on its books and as reflected on the report to be hereinafter annually filed by such corporation. Provided, however, that in the event the State Revenue Commissioner shall ascertain that the books of any corporation taxable hereunder or the return filed for any corporation reporting hereunder, as hereinafter provided, does not disclose the true net worth of such corporation, then in such event, the net worth of such corporation shall have such value as shall be fixed thereon by the State Revenue Commissioner from any information obtained by him from any source. The tax provided in this Section shall be paid to the State Revenue Commissioner by each corporation taxable hereunder within ninety days next succeeding the due date of the same such due date is and is hereby declared to be ninety days next succeeding January first in each year.
Be it further enacted by the authority aforesaid, that each domestic corporation shall, on or before the first day of January each year, make a report to the State Revenue Commissioner upon forms furnished by him, showing:
(a) The name of the corporation.
(b) The location of its principal offices.
(c) The name. of the president, secretary, treasurer, and members of the board of directors, with post-office addresses of each.
(d) The date of annual election of officers.
(e) The amount of authorized capital stock, and the par value of each share.
(f) The amount of capital stock .subscribed, the amount of capital stock issued and outstanding, the amount of capital stock paid up, and the amount of surplus and dividend profits.
(g) The nature and kind of business in which the corporation is engaged and its place or places of business.
(h) The change or changes, if any, in the above particulars since the last annual report.
(i) And for corporations whose capital stock had no par value, a balance-sheet of the last day of the last fiscal or calendar year.
(j ) Such report shall be signed and sworn to before any officer authorized to administer oaths, by the president, vice-president, sec. retary, treasurer, or general manager of the corporation, and forwarded to the State Revenue Commissioner.
(k) So long as national banking associations are exempt from the payment of the tax imposed under this section, State banks and trust companies shall likewise be exempt. This exemption shall apply only to trust companies as are engaged in commercial banking or receiving deposits.
(1) No income tax shall be required of domestic mutual fire-insurance companies chartered under the laws of the State of Georgia.
Ninth: By adding to said bill a new section after Section 5 therein to be designated as section ( 5b) as follows:

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"section (5b). By amending paragraph 91 of section 2 of the aforesaid act be and the same is hereby amended by striking the figure $250.00 in said paragraph and inserting in lieu thereof the figure $1,000.00 so as to increase the annual tax on salary and wage buyers from $250.00 to $1,000.00 annually for each office or place of business maintained so that paragraph 91 as so amended therein shall hereinafter read as follows:
"Paragraph 91. Salary and Wage Buyers. Upon each person, firm or corporation or partnership buying salary or wage accounts or lending money upon the same $1,000.00 for each office or place of business maintained."
Tenth: By striking from the caption thereof the words, "to provide for permanent hunting and non-commercial fishing licenses for residents of this State;" and substituting in lieu thereof the words, "to provide for a reduction in certain hunting and fishing license fees for residents of this State."
Eleventh: By striking Section 8 therefrom in its entirety and inserting in lieu thereof a new Section 8 as follows:
Section 8. Be it further enacted by the authority aforesaid that an Act entitled, "An Act to abolish the office of County Game Warden; providing for the appointment of State Game Wardens and State Deputy Game Wardens, prescribing their powers and duties and fixing their compensation; prescribing fees for hunting licenses; prescribing the method of sale of hunting, fishing, and trapper's licenses; fixing the salary of the Game and Fish Commissioner; providing penalties for violations hereof; repealing conflicting laws; and for other purposes," approved August 14, 1931 (Georgia Laws 1931, page 173), as amended is hereby amended by striking the provisions of Section 6 thereof, as amended by an Act approved February 25, 1949 (Georgia Laws 1949, page 1577) relating to the fees for hunting licenses, and inserting in lieu thereof the following: "Be it further enacted by the authority aforesaid that a license authorizing a resident of this State to hunt throughout this State shall be issued upon the payment of a fee of $1.25: Provided, that, before any person shall be entitled to purchase a resident hunting license, he shall have been a bona fide resident of the State of Georgia for a pedod of six months prior to the date such license is applied for; Provided, further, that nothing herein shall prevent a landowner or his tenants and their families, with the landowne1's consent, from hunting on his own land without a license."
Twelfth: By striking Section 9 therefrom in its entirety and inserting in lieu thereof a new Section 9 as follows:
Section 9. Be it further enacted by the authority aforesaid that an Act entitled, "An Act to provide for the payment of a license by certain persons fishing within the State of Georgia, to prescribe penalties for the violation of this Act; and for other purposes," approved March 30, 1937 (Georgia Laws 1937, page 675) as amended by striking the provisions of Section 2 therefrom as amended by an Act approved February 25, 1949 (Georgia Laws 1949, page 1189) relating to fees for fishing licenses, and inserting in lieu thereof the following: "Be it further enacted by the authority aforesaid, that no resident of this State shall fish in any of the waters of this State, as described in Section 1 hereof, by means of any artificial bait commonly known as

MONDAY, FEBRUARY 5, 1951

497

plugs, wooden minnows, live minnors, flies, dabblers, spinners, or any other like bait or lure whether in the county of his residence or in any other county of the State without first procuring from the Director of Game and Fish Commission an annual license for which there shall be charged and shall be paid the sum of one dollar and twenty-five cents ($1.25). No resident of this State shall fish in any way or by any means in any of said waters of this State other than that of the county of his residence without first procuring from the Director of Game and Fish Commission an annual license for which there shall be charged and shall be paid the sum of one dollar and twenty-five cents ($1.25). Provided, however, that no person under the age of 16 years shall be required to buy the license created under this Act. Seiners and netters shall pay one dollar and twenty-five cents ($1.25) as lure fishermen.
Thirteenth: By inserting the following after Section 9, the same to be known as Section 10, and renumbering the remaining sections consecutively, to-wit:
Section 10. Be it further enacted, by the Authority aforesaid, that the Act approved August 19, 1912, and found in Georgia Laws 1912, p. 119 et. seq., which acts establishes the Department of Insurance, and all acts amendatory thereto, is hereby amended by striking therefrom Section 26 of said act in its entirety, which said section reads as follows:
"Sec. 26. Be it further enacted, That the Insurance Commissioner shall have power to prescribe the compensation of the Fire Inspector for all examinations required by this Act, and said compensation shall be paid and all other expenses incurred in such examination shall be defrayed by the fire insurance companies doing business in this State, and a tax of not more than one-tenth of one per cent in the discretion of the Insurance Commissioner on the gross premium receipts of all such companies is hereby levied for this purpose, to be collected by the Insurance Commissioner as other taxes on premiums are now collected. The Insurance Commissioner shall keep a separate account of all moneys received and disbursed under the provisions of this Section and shall include them in his report to the Legislature, provided, that should the amount thus collected in any one year be in excess of the amount required to meet the expenses herein contemplated, such excess shall be held subject to the order of the Commissioner to be used for the same purpose in the succeeding year, provided Sections 25 and 26 shall not apply to assessment farmers co-operative fire companies doing business in this State in not more than four counties in a division."
Fourteenth: By inserting the following on line twenty-seven (27) of page four (4) of the caption, following the words "residents of this State," to-wit:
To amend an act approved August 19, 1912 and found in Georgia Laws 1912 page 11 etc., and all amendments thereto, by striking therefrom Section 26 of said act in its entirety;
Mr. Twitty of Mitchell asked unanimous consent that the House disagree to the Senate amendments to HB 3, and the consent was granted.
The Senate amendments were disagreed to.
Mr. Pittard of Clarke moved that the House reconsider its action in failing to pass the following Bill of the House, to-wit:

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HB 189. By Messrs. Pittard of Clarke, Owens of Tift, Peacock of Dodge and others:
A Bill to be entitled an Act to regulate and prohibit the alteration, construction, reconstruction or changing of motors of Motor vehicles to certain degrees, and for other purposes.
On the motion to reconsider, the ayes were 34, nays 69.
The motion was lost.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 14. By Messrs. Bell of Richmond, Page of Chatham and Bennett of Barrow:
A Bill to be entitled an Act to amend an Act relating to recording of deeds so as to provide that deeds shall be presumed to be executed in the State and County of the official attesting witness notwithstanding the caption to the contrary, and for other purposes.
The following Senate amendment to HB 14, was read:
Senator Williams of the 19th moves to amend HB 14 by striking the word "and" appearing in the sixth line of the caption and inserting in lieu thereof the word "or". By striking the word "and" appearing in the fifth line of Section 1 and inserting in lieu thereof the word "or". By striking the word "and" appearing in the twenty-seventh line of Section 1 and inserting in lieu thereof the word "or".
Mr. Bell of Richmond moved that the House agree to the Senate amendment to HB 14.
On the motion, the ayes were 130, nays 2.
The Senate amendment was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 118. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, and for other purposes.

The following Senate amendment to HB 118, was read:
Senator Davis of the 51st moves to amend HB 118 by:
Adding after the word "who" and before the word "has" in Line 2 of Sub-section (d) of Section 1, the words "has attained the age of sixty (60) years and who";
And by adding after the word "Board" and before the word "as" in Line 2 of Sub-paragraph (2) of Sub-section (j) of Section 1, the words "and who has attained the age of sixty (60) years";
And by changing the semicolon ( ;) in Line 3 of Sub-section (y)

MONDAY, FEBRUARY 5, 1951

499

of Section 1 to a period (.) and striking all the language after said period (.) from said Sub-section (y).
Mr. Vandiver of Bibb moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0. The Senate amendment was agreed to.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insists on its position in amending the following bill of the House and respectfully asks that a Committee of Conference be appointed:

HB 3.

By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel, and others:
A bill to amend an Act providing for the leVY and collection of a tax for support of State Government education purposes, to pay the public debt; and for other purposes.

The President has appointed on the part of the Senate as a Committee of Conference Senators Duim of the 8th, Rawls of the lOth, and Edenfield of the 2nd.
Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 271. By Messrs. Tumlin and Jones of Bartow, Smith of Emanuel, Scoggin of Floyd, Ray of Warren, Carr of Whitfield and many others:
A Bill to be entitled an Act to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Under the regular order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 383. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", and for other purposes.

The following Committee amendment to HB 383, was read and adopted:
Mr. Twitty moves to amend HB 383 beginning in line 17 of the first paragraph "When the Governing body" and ending with the word "for said city" in

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line 28 and substituting in lieu thereof the following:
"When the governing body of a city adopts a resolution: as aforesaid, it shall promptly notify the Mayor of such adoption. Upon receiving such notice the Mayor, by and with the consent of the State Housing Authority Board shall appoint five persons as Commissioners of the Authority created by such city. In the event the Mayor fails or refuses to submit appointments that are approvable by the State Housing Authority Board within thirty days after notice from the governing body of the approval of resolution of necessity or termination of existing appointments, the governing body may appoint, with the approval of the State Housing Board, the Commissioners of the Authority created for said city."
Moves further to amend by striking the second paragraph beginning
"When the governing body" and ending with the word "created for said city" in line 11 and substituting in lieu thereof the following:
"When the governing body of a city adopts a resolution as aforesaid, it shall promptly notify the Mayor of such adoption. Upon receiving such notice the Mayor, by and with the consent of the State Housing Authority Board, shall appoint five persons as Commissions of the Authority created by such city. In the event the Mayor fails or refuses to submit appointments that are approvable by the State Housing Authority Board within 30 days after notice from the governing body of approval of resolution of necessity or termination of existing appointments, the governing body may appoint, with the approval of the State Housing Authority Board, the Commissioners of the Authority created for said city."
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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 15. By Senator Grayson of the 1st:

A Bill to be entitled an Act to amend an Act authorizing counties, cities, towns, school districts and highway districts to issue revenue anticipation 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 114, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HR 3l-153a. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A Resolution authorizing the Governor to convey to the U. S. Government small island in the Savannah River adjacent to the Atomic Energy Savannah River Plant and Clark Hill Dam Project Areas for a nominal consideration, and for other purposes.

MONDAY, FEBRUARY 5, 1951

501

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 127, nays 0.
The resolution, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 270. By Messrs. Dicus and Hollis of Muscogee:
A Bill to be entitled an Act to make uniform the procedure on Interstate Extradition and authorizing this State to cooperate with other States to their mutual benefit in relation to persons convicted or under indictment or accusation for crime; to provide for the delivery of fugitives from Justice, and for other purposes.

The following amendment to HB 270, was read and adopted:
Mr. Dicus of Muscogee moves to amend HB 270, as follows:
That the number "8" shall be inserted in Section 24 between the words "exceeding" and "cents", so that the second sentence of Section 24 shall read as follows: "The expenses shall be the fees paid to the officers of the State on whose Governor the requisition is made and not exceeding 8 cents per mile for all necessary travel in returning such prisoner, and that the last sentence of Section 24 be stricken.
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 142, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker appointed, on the part of the House, as a Committee of Conference on HB 3, the Nuisance Tax Repeal Bill, the following members of the House, to-wit:
Messrs. Smith of Emanuel, Hall of Floyd, and McCracken of Jefferson.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:

HB 106. By Messrs. Tamplin of Morgan, Campbell of Oconee, Gowen of Glynn and Lewis of Hancock:
A Bill to be entitled an Act to amend an Act entitled "An Act to make it mandatory for all county officers who are required to give bond to give a surety bond to be paid by the county from county funds", and for other purposes.
Mr. Lovett of Laurens moved the previous question.

The following amendment to HB 106, was read and adopted: Mr. Todd of Glascock moves to amend HB 106 by adding the

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following at end of Section 1. "Provided, however, this. Act shall not apply to County School Superintendents' bonds."

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 3.

The- bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolution of the House was read and adopted:

HR 103. By Messrs. Duncan of Carroll and many others:

A Resolution extending thanks to 20th Century-Fox for producing "I'd Climb the Highest Mountain" and extending a warm welcome to Miss Susan Hayward and Mr. Henry King while they are in our State.

Mr. Twitty of Mitchell moved that the House recess until 1:45 o'clock,

P. M., this afternoon, and the motion prevailed.



The Speaker announced the House recessed until this afternoon at 1:45 o'clock.

AFTERNOON SESSION
The speaker called the House to order.
By unanimous consent, the Clerk was directed to change the word "alightment" to "alignment" in the following bill of the House, to-wit:

HB 292. By Messrs. Groover, Birdsong and Lam of Troup:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of West Point, to provide for zoning ordinances, and fer other purposes.
Under the regular order of business, the following Resolution of the Senate was taken up for consideration and read the third time:

SR 6. By Senator Rawls of the lOth and many others:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia by inserting a new paragraph in Article V, Section I, to be numbered IV (a), providing for the nomination of candidates for United States Senator, Governor, Lieutenant-Governor, Secretary of State, the Attorney General, State School Superintendent, Comptroller-General, State Treasurer, Commissioner of Agriculture, Commissioner of Labor, Justices of the Supreme Court, Judges of the Court of Appeals, and Members of the Public Service Commission, on a County Unit basis, in all primary elections, held by any political party, and requiring political parties to hold a primary election for the aforesaid officers before the name of such candidate or candidates shall be placed upon the tickets or ballots at the general election following such primary; to set forth the method and procedure to be fol-

MONDAY, FEBRUARY 5, 1951

503

lowed; to provide for a second primary election for United States Senator or Governor when no candidate has received a majority of all the county unit votes throughout the state, when there are more than two candidates for said office; to provide for the date of holding ing said second primary, who .shall be candidates; providing for the election in the second primary on a county unit basis, the candidate receiving the majority of the county unit votes to be declared the nominee; to provide that if both candidates for any office in said second primary election shall receive an equal number of county unit votes, the candidate receiving the majority of the popular votes cast shall be the nominee of such party for that particular office; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. Upon the approval of this Resolution in the manner hereinafter provided, that Article V, Section I of the Constitution of Georgia be and the same is hereby amended by inserting a new paragraph to be numbered IV(a), to read as follows:
Paragraph IV (a). All political parties desiring to certify party nominees to the Secretary of State to be placed on the general election ballot for the offices of United States Senator, Governor, LieutenantGovernor, Secretary of State, the Attorney General, State School Superintendent, Comptroller General, State Treasurer, Commissioner of Agriculture, Commissioner of Labor, Justices of the Supreme Court, Judges of the Court of Appeals, and Members of the Public Service Commission shall hold primary elections for nomination of said candidates, and such party or its authorities shall cause all candidates for nomination for said offices to be voted for on one and the same day throughout the State, which is hereby fixed as the second Wednesday in September of each year in which there is a regular general election, except when the United States is engaged in war, or when a National Emergency has been proclaimed by the President of the United States, another date may be fixed by the. General Assembly in order to provide for members of the Armed Forces to vote. Candidates for nominations to the above named offices who receive, respectively, 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 candidates shall tie for the highest number of popular votes received, the county unit vote of such county shall be equaliy divided between the candidates so tying. All such county unit votes shall within ten days after such primary be accurately consolidated by the Chairman and Secretary of the State Committee of the political party holding such primary and published in a newspaper published at the Capitol and the candidates for said offices, respectively, who shall receive a majority of all the county unit votes, throughout the entire state, upon the basis above set forth, shall be declared by the State Convention of the party holding such primary, or the permanent Chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominees of such party for the above named offices, respectively; and it shall be the duty of the State executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all

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such successful candidates shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed and held as the duly nominated candidates of such party for the offices named; provided, that in the event there are only two candidates for any particular office referred to in this section, and it shall appear, after the consolidation of all the county unit votes throughout the State, that said candidates have received an equal number of county unit votes, the one who shall have received a majority of the popular votes shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for such office; and it shall be the duty of the State executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the name of such successful candidates shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidate shall be considered, deemed and held as the duly nominated candidate of such party for the office named. If no convention of such party shall be called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party. The name of no person shall be placed on the general election ballots or tickets for said offices who was not nominated in a primary election as herein provided, except to fill a vacancy caused by death, or other cause, of the nominee in said primary.

In the event that, after such consolidation of all the county unit votes throughout the State, it shall be made to appear that in the contest for United States Senator or Governor, that there are more than two candidates for any one or more of said offices, and no candidate has received a majority of all of the county unit votes throughout the State, upon the basis above set forth, such political party shall hold a second primary election throughout the State on the first Wednesday in October following such first primary election, and in such second primary election, only the two candidates ascertained to have received the highest number of county unit votes at the first primary election for either one of said offices shall be voted for, except when the United States is engaged in war, or when a National Emergency has been proclaimed by the President of the United States, another date may be fixed by the General Assembly in order to provide for members of the Armed Forces to vote. The vote shall be consolidated and the result declared and certified v;ithin 10 days after said second primary election, and published in a newspaper published at the Capitol within three days after the completion of said. consolidation, and the candidate who received a majority of the county unit votes throughout the State shall be declared by the State convention of the party holding such primary, or the permanent chairman thereof, or other party authority, without the necessity of a formal ballot, to be the nominee of such party for the particular office for which he is a candidate; and it shall be the duty of the State executive committee elected or appointed at such convention, or by its authority, or the chairman or secretary thereof, or other authority of such party, to see to it that the names of all such successful candidates shall be placed upon the tickets or ballots of such party at the general election following such primary, and such successful candidates shall be considered, deemed

MONDAY, FEBRUARY 5, 1951

505

and held to be the duly nominated candidates of such party for the offices named: Provided, that if both candidates for any office in said primary, election shall receive an equal number of county unit votes of all the counties, said State convention or the permanent chairman thereof, or the secretary thereof, or other authority of such party, shall declare the candidate receiving the majority of the popular votes cast the regular nominee of such party for that particular office: Provided, further, that if no convention of such party shall be called or held, the declaration of the result shall be made in such manner as may be prescribed by the State committee or other authority of such party: Provided, further, that in the event there shall be more than two candidates in the first primary and any two candidates shall tie in said first primary for the next or second highest- number of county unit votes received, the candidates who shall receive the highest number of popular votes in said first primary, as between said two candidates so tying, shall make the contest in said second primary, against the candidate who shall have received in said first primary the highest number of county unit votes; and in the event any three or more candidates shall tie in said first primary for the highest number of county unit votes received, the candidate who shall receive the highest numhighest of county unit votes) who shall have received the highest number of popular votes in said first primary shall make the contest against each other in said second primary. In the contest for all said offices, except United States Senator and Governor, the candidates for such offices who shall receive the highest number of county unit votes, throughout the State, upon the basis above set forth, shall in like manner, be declared the nominees of such party for said offices, respectively; and if after such consolidation it shall be made to appear that _any two or more candidates for the same office (except in contests for United States Senator and Governor) shall have received the highest number of county unit votes, and an equal number of county unit votes, the candidate or candidates who shall receive the highest number of popular votes throughout the State shall, in like manner, be declared the nominee or nominees of such party for said offices, respectively.
Section 2. Be it 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 journal 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 1952, 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 nominating by political parties, U. S. Senator, Governor, LieutenantGovernor, Secretary of State, the Attorney General, the State School Superintendent, the Comptroller General, the Treasurer, the Commissioner of Agriculture, and the Commissioner of Labor, Justices of Supreme Court, Judges of the Court of Appeals, and members of the Public Public Service Commission, 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 nominating by political parties, U. S. Senator, Governor, LieutenantGovernor, Secretary of State, the Attorney General, the State School Supe1intendent, the Comptroller General, the Treasurer, the Commis-

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sioner of Agriculture, and the Commissioner of Labor, Justices of Supreme Court, Judges of the Court of Appeals, and members of the Public Service Commission, by the people on a county unit basis." If a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and return thereof made to the Governor, then he shall declare said amendment adopted, and make proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., tomorrow morning and the motion prevailed.

Leave of absence was granted to Mr. Deason of Stewart.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., tomorrow morning and SR 6, went over as unfinished business.

TUESDAY; FEBRUARY 6, 1951

507

Representative Hall, Atlanta, Georgia. Tuesday, February 6, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M.., .this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. G. C. King, Pastor, Darien Methodist Church, Darien, Georgia.

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

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barr.ett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Brazeal Britton Brooks Burkett Byrd
Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay Coffin Coogle

Cornelius Covington Cranford Dally Deen Denton Dews Dicus Dorsey Duncan Durden Durham . Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene 'Of Crisp Greer Griffith Grooyer Guthrie
Hadden Hale Hall of Floyd
Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood

Hopkins Huddleston Jackson Jessup Johnson of Hall Johnston Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Lam Langdale Lanier Lavender Leach Lewis .of Greene Little Lovett McCracken McGarity McGee McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Murphy Murr Musgrove
Nelson Neville Newman Nightingale Otwell

508

JOURNAL OF THE HOUSE,

Overby Owens Page Parker Peacock Pickard Pickett Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Scott Scoggin Sheffield Short

Simmons Sivell Smiley Smith of Bryan Smith of Carroll Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stanton Stephens of Towns Stevens of Marion Stewart Stocks Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin

Turk Twitty Ursrey Vandiver Vickers Waldrop' Walker of Telfair Warren Weems Wheeler White. Whitworth Wiggins
Wilkes . Wilkinson Williams of Cobb Williams of Houston
Willingham Willis Wood Wooten Mr. Speaker

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees.. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 477. By Messrs. Peacock of Dodge, Rogers of Heard, Stewart of Habersham and Kemp of Clayton: A Bill to be entitled an Act to amend an Act relating to the punishment

TUESDAY, FEBRUARY 6, 1951

509

of cattle stealing, and for other purposes.
Referred to the Committee on General Agriculture # 2.

HB 478. By Messrs. Rogers of Heard, Stewart of Habersham, Biggers of Meriwether, McGarity of Henry and others:

A Bill to be entitled an Act to provide for appointment of a person

to weigh livestock and swine at livestock auction markets and stock

yards, and for other purposes.



Referred to the Committee on General Agriculture #2.

HB 479. By Messrs. Rogers of Heard, McGarity of Henry, Biggers of Meriwether, Stewart of Habersham and Boggus of Ben Hill:
A Bill to be entitled an Act to provide. for adoption of an Official Georgia Label or Trademark for Georgia Farm Products and for other purposes.
Referred to the Committee on General Agriculture #2.

HB 480. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to ratify and make legal all verdicts and judgments heretofore rendered in any divorce case tried by the consent of the parties at the appearance term based upon a petition filed by the consent of the parties less than twenty days before the appearance term, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 481. By Messrs. Durham of Baker, Black of Webster, Baughman of Early, Coffin of Schley and others:
A Bill to be entitled an Act to provide that motor fuel distributors shall have a gauge on the delivery truck which will indicate to the purchaser the amount of fuel delivered; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 482. By Messrs. Baughman of Early and Wheeler of Seminole:
A Bill to be entitled an Act to amend an Act which provides that the tax on the sale or use of motor fuel.shall not be imposed upon the sale of kerosene or other petroleum products when such products_ are sold for use other than motor fuel, and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 483. By Messrs. Smith of Emanuel, Ray of Warren, Twitty and Hand of Mitchell, Matthews of Clarke, Duncan of Carroll:
A Bill to be entitled an Act to amend Georgia Teachers Retirement
System Act so as to make provisions for the inclusion of other school employees not defined in the Act as members of the System, and for other purposes.
Referred to the Committee on Education # 2.

510

JOURNAL OF THE HOUSE,

HB 484. By Messrs. Tarpley of Union, Green of Cherokee, Risner of Hart, and others:

A Bill to be entitled an Act to amend an Act to amend an Act regu-

lating the sale of Malt Beverages; by providing that no provision of

the Act shall operate to prevent the placing of a provision in a munici-

pal charter authorizing a referendum on the question of issuing per-

mits for the sale of Malt Beverages within the municipality; and for

other purposes.



Referred to the Committee on General Judiciary #1.

HR 104-484a. By Messrs. Boone of Wilkinson, Rowland of Johnson, Denton of Paulding and others:
A Resolution proposing the creation of a State Park to be located at or near Toomsboro, and for other purposes.
Referred to the Committee on Public Property.

HB 485. By Mr. Tarpley of Union:
A Bill to be entitled an Act to amend an Act incorporating the City of Blairsville, and for other purposes:
Referred to the Committee on Municipal Government.

HB 486. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Folkston, and for other purposes.
Referred to the Committee on Municipal Government.

HB 487. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act to amend the Act creating and establishing a new charter for the City. of Albany; defining the corporate limits of said city, and for other purposes.
Referred to the Committee on Municipal Government.

HB 488. By Mr. Smith of Bryan:
A Bill to be entitled an Act to amend an Act incorporating the City of Pembroke, and for other purposes.
Referred to the Committee on Municipal Government.

HB 489. By Mr. Raulerson of Pierce:
A Bill to be entitled an Act to amend an Act incorporating the City of Blackshear; and for other purposes.
Referred to the Committee on Municipal Government.

HB 490. By Messrs. Cornelius and McKelvey of Polk: A Bill to be entitled an Act to amend an Act to establish the City

TUESDAY, FEBRUARY 6, 1951

511

Court of Polk County, and for other purposes. Referred to the Committee on Municipal Government.

HB 491. By Messrs. H. Smith, M. Smith and Alverson of Fulton:
A Bill to be entitled an Act to authorize the City of Atlanta to accept cash bonds from persons charged with a violation of the ordinances or of an offense against such City of Atlanta, and for other purposes.
Referred to the Committee on Municipal Government.

HB 492. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta repealing the Street tax, and providing that Employees of Fulton .County or the Fulton County School District transferred to the City shall not be required to reside in the City, and for other purposes.
Referred to the Committee on Counties and County Matter.

HB 493. By Messrs. Alverson, H. Smith -and M. Smith of Fulton:
A Bill to be entitled an Act .to amend an Act establishing a new charter for the City of East Point; to provide for extension of City limits to include the Hemperly Property, and for other purposes.
Referred to the Committee on ~unicipal Government.

HB 494. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, and for other purposes.
Referred to the Committee on Municipal Government.

HB 495. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; to provide that said city may contract with its officers and employees to continue compensation during disability, and for other purposes.
Referred to the Committee on Municipal Government.

HB 496. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new chart-
er for the City of East Point; to provide a public works department, and for other purposes.
Referred to the Committee on Municipal Government.

HB 497. By Messrs. Williams of Houston, Little of Peach, Walker of Crawford, Clay, Wood and Vandiver of Bibb:
A Bill to be entitled an Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Circuit shall be supple-

512

JOURNAL OF THE HOUSE,

mented by payments to be made from the Treasuries of Bibb, Crawford, Houston and Peach Counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 498. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to provide for the appointment of an Assistant Solicitor of the City Court in all counties having a population of not less than 108,000 and not more than 112,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 499. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act to protect the health and the saftty of Muscogee County and the inhabitants thereof, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 500. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitltd an Act to amend the Charter of the City of Columbus by extending the present corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.

HB 501. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act amending the Charter of the City of Columbus so as to provide an insured pension place for officers and employees, and for other purposes.
Referred to the Committee on Municipal Government.

HB 502. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act to authorize the Commissioners of Roads and Revenues of Muscogee County to enact zoning and planning laws, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 105-502a. By Messrs. Carr and Britton of Whitfield:
A Resolution requesting the State Librarian to furnish law books to the Clerk of thE: Superior Court of Whitfield County, and for other purposes.
Referred to the Committee on Public Library.

Mr. Alverson of Fulton 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 con-

TUESDAY, FEBRUARY 6, 1951

513

sideration the following Bills of the House and has instructed me as Chairman, to r~;port the same back to the House with the following recommendations:

HB 470. Do Pass.

HB 475. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Langdale of Lowndes 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 r~;port the same back to the House with the following recommendations:
HB 396. Do Pass.
HB 441. Do Pass.
HB 438. Do Pass.
Respectfully submitted, Langdale of Lowndes, Chairman.

Mr. Jessup of Bleckley 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 45-207c. Do Pass.

Respectfully submitted,

Jessup of Bleckley, Chairman.

Mr. Smith of Carroll 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 386. Do Pass. Respectfully submitted, Smith of Carroll, Chairman.

514

JOURNAL OF THE HOUSE,

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

HB 386. By Messrs. Battles and Clark of Decatur, Harrell of Grady, Durham of Baker, Durden of Dougherty, Twitty of Mitchell and Dews of Calhoun:
A Bill to be entitled an Act to change the times of holding the Superior Court of Decatur County, and for other purposes.

HB 396. By Messrs. Stocks of Lee and Greene of Crisp:
A Bill to be entitled an Act to regulate the manner of taking minnows to use for bait, and for other purposes.

HB 438. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act to abolish the Division of Wild Life, the Department of Natural Resources, etc., and for other purposes.

HB 441. By Mr. Langdale of Lowndes:
A Bill to be entitled an Act to amend an Act relating to the use of traps, poisons, drugs, or explosives and hunting at night, and for other purposes.

HB 470. By Mr. Dean of Bacon: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Bacon County, and for other purposes.
HB 475. By Mr. Boone of Wilkinson:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County, and for other purposes.
HR 45-207a. By Messrs. Abney and Campbell of Walker:
A Resolution to request the Librarian to furnish Law Books to the Superior Gourt of Walker County, and for other purposes.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 384. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act relating to the public schools in the City of Tallapoosa, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to-
On the passage ..Jf the bill, the ayes were 103, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 6, 1951

515

HB 405. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Forest 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 408. By Messrs. Trapnell and Neville of Bulloch:
A Bill to be entitled an Act to amend an Act establishing a new charter for 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 411. By Messrs. Duncan and Smith of Carroll:
A Bill to be entitled an Act to amend the Act establishing the City Court of Carrollton, to increase the salary of the Judge of said Court, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 413. By Messrs. Johnson and Overby of Hall:
A Bill to be entitled an Act to amend an Act to establish a City Court of 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 107, nays 0.
The bill, havin~ received the requisite constitutional majority, was passed.

HB 430. By Messrs. Gardner 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

516

JOURNAL OF THE HOUSE,

HB 446. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to provide in counties of a certain population that the Clerk of the Superior Court shall attend the trial in the Court of Ordinary of all cases for violation of all traffic laws of the State 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 449. By Mr. Robertson of Dawson:
A Bill to be entitled an Act to provide for the holding of terms of the Superior Court in Dawson County, and for other purposes.
The r~::port 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 435. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act incorporating the Town of Whitesburg, and for other purposes.
The report 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 427. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend the Charter of the Town of Bowdon, and for other purposes.
The report of the Committee, which was favorable to thE: passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 450. By Mr. Tippens of Wilcox:
A Bill to be entitled an Act to amend an Act which creates the Board of Commissioners of Roads and Revenues 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 6, 1951

517

HB 451. By Mr. Robertson of Dawson:
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 Dawson, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of thfo bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 456': By Mr. Kennedy of Turner:
A Bill to be entitled an Act to amend an Act which creates the Board of Commissioners of Roads and Revenues for the County of Turner, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 457. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Catoosa, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 459. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to abolish the office of Commissioner of Roads and Revenue for the County of Catoosa, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 67.

By Senator Willingham of the 39th:
A Bill to be entitled an Act to amend an Act which fixed the compensation of the Treasurer of Cobb County, and for other purposes.

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

On the passage of the bill, the ayes were 118, nays 0.

The bill, having received the requisite constitutional majority, was passed.

518

JOURNAL OF THE HOUSE,

SB 77. By Senator Wilson of the 23rd:
A Bill to be entitled an Act to provide for the increase in salary of the Commissioner of Roads and Revenues of Peach County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Resolution of the House was withdrawn, read the second time and recommitted to the Committee on Amendments to the Constitution No. 2.
HR 99-476a. By Mr. McKelvey of Polk:
A Resolution proposing an amendment to provide for the election of a county school superintendent of Polk County by the qualified voters of the county instead of by the county board of education, and for other purposes.
Under the order of unfinished business, the following Resolution of the Senate was again taken up for consideration:
SR 6. By Senator Rawls of the lOth and many others:
A Resolution proposing an amendment to the Constitution providing for the nomination of candidates for U. S. Senator, Governor, Lt. Governor, and other State House Officers, and for other purposes.
Mr. Smith of Emanuel moved the previous question.
The following House amendment to SR 6, was read and adopted:
Messrs. Key of Jasper and McCracken of Jefferson move to amend SR 6, as follows:
By adding the following proviso at the end of Section 1.
Provided, however, that in the event of the death of a nominee who has been nominated by any political party for any of said offices should die prior to the General Election the Executive Committee of the political party nominating said deceased nominee shall have the right to certify the name of some other member of said political party as the nominee of said party whose name shall be placed on the General Election ballot.
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, the roll was called and the vote was as follows:
Those voting in the affirmative were Messrs.:

TUESDAY, FEBRUARY 6, 1951

519'

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Aycock Ball Bargeron Barrett Battles Baughman Beasley Bennett Best Biggers Birdsong Black Boggus Boone Brannen Brazeal Brooks Burkett Byrd Callier
Campbell of Oconee Campbell of Walker Cates Clark Clary Claxton Coffin Coogle Dally Deen Denton Dews Duncan Durham Edenfield Flynt Freeman Garrard Gary Gillis Graham Green of Irwin

Green of Rabun Greene of Crisp Guthrie Hadden Hall of Floyd Hall of Toombs Harrell Harris Hawkins Herrin Hilton Hood Hopkins Huddleston Jackson Jessup Johnston Jolly Jones of Lumpkin Jordan Kerp.p . Kennedy Key King Kitchens Langdale Lanier Lavender Leach Lovett McCracken McGarity McGee Mangum' Mims Mishoe Murphy. Murr Musgrove Nelson Newman Otwell Overby Owens Parker Peacock

Pickett Ramsey Raulerson Ray Risner Robertson of Dawson Rogers Rollins Rowland Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll Smith of Emanuel Step~ens of Towns Stevens of Marion Stewart Stocks Tamplin Tarbutton Tarpley Terry Tillman Tippens
Todd Trapnell Turk Twitty Ursrey Vickers Walker of Telfair Warren Wheeler White Whitworth Wiggins Wilkes Wilkinson Williams of Houston Willingham Willis Wooten

Those voting in the negative were Messrs.:

Adams of Upson Alverson Barber of Jackson Bell of DeKalb Bell of Richmond Bentley Bolton

Brantley Britton Carr Clay Cornelius Covington Cranford

Dicus Dorsey Durden Fears Gardner Gowen Green of Cherokee

520'"

JOURNAL OF THE HOUSE,

Greer Griffith Groover Hale Harper Henderson Holley Hollis Johnson of Hall Jones of Bartow Kelley Kidd

Knight Lam Lewis of Greene Little McKelvey McWhorter Mackay Matthews Neville Nightingale Page Pickard

Pittard Register Scott M. M. Smith of Fultox Hoke Smith of Fulton Stanton Tumlin Vandiver Waldrop Weems Williams of Cobb Wood

Those not voting were Messrs.: Barber of Colquitt, Burgamy, Deason, Lewis of Hancock, Mull, Robertson of Coweta, Sumner, Walker of Crawford, Wright, and Mr. Speaker.
The roll call was verified.
On the adoption of the Resolution, as amended, the ayes were 138, nays 57.
The Resolution, having received the two-thirds requisite constitutional majority, was adopted, as amended.
Mr. Twitty of Mitchell moved that the House recess until 2:00 o'clock, P. M., this afternoon and the motion prevailed.
The Speaker announced the House recessed until 2:00 o'clock, P. M., this afternoon.

AFTERNOON SESffiON The Speaker called the House to order.

The following Resolution of the House was read and adopted:

HR 112. By Messrs. Stocks of Lee, Hand of Mitchell, Bargeron of Burke, Key of Jasper, and Murr of Sumter:

A RESOLUTION
WHEREAS, the House of Representatives has learned with deep regret of the untimely death of Honorable C. C. Ansley, a former member of the House from Lee County as well as a former member of the Senate, and
WHEREAS, all of the Members of the House have a deep affection for him, as he was always cordial, considerate, and friendly to each Member of the General Assembly during his service and in his contacts throughout the past quarter of a century.
BE IT RESOLVED, by the House of Representatives, that we mourn the passing of this beloved and outstanding citizen of our State.
BE IT FURTHER RESOLVED, that the Clerk of the House express to his wife and the other members of his family our sincere sympathy, and that a copy of this resolution be entered on the Journal and sent to the widow of the deceased.

TUESDAY, FEBRUARY 6, 1951

521

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

HB 22. By Messrs. Gowen of Glynn, Lewis of Hancock, and Twitty of Mitchell.
A bill to repeal an Act relating to limited partnerships; and for other purposes.

HB 5l. By Mr. Twitty of Mitchell:
A bill to amend an Act relating to the purchase and ownership of stocks, bonds and other investment securities by banks; and for other purposes.

HB 77. By Mr. Twitty of Mitchell:
A bill to amend an Act relating to the limit of loans by banks; and for other purposes.

HB 155. By Mr. Peacock of Dodge:
A bill to provide for the disposition of fines and forfeitures accumulating in the Superior Court of Dodge County; and for other purposes.

HB 156. By Mr. Peacock of Dodge:
A bill to provide for the disposition of fines and forfeitures accumulating in the City Court of Dodge; and for other purposes.

HB 296. By Mr. McCracken of Jefferson:
A bill to correct a typographical error in the caption of an Act relating to the Charter of the City of Louisville; and for other purposes.

HR 32. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:
A Resolution to approve, confirm and ratify in all respects, a certain lease agreement entered into the 26th day of December, 1950, by and between the Western & Atlantic Railroad Commission acting for and on behalf of the State of Georgia, and Peachtree-Whitehall, Inc. for the lease of the overhead rights over the Western & Atlantic Railroad rightof-way, etc., and for other purposes.

SB 47.

By Senator Millican of the 52nd:
A bill to authorize and direct the Governor to sell all book plate metal belonging to the State; and for other purposes.

SB 112. By Senator Millican of the 52nd: A bill to limit mileage for Public Works expenditures in counties o!

522

JOURNAL OF THE HOUSE,

300,000 or more, to prohibit work in sub-divisions and for other purposes.

SB 153. By Senator Hagan of the 17th:
A bill to provide for the fees of the Coroner of Screven County in connection with the holding of inquest and with furnishing coffin and burial expenses; to repeal conflicting laws; and for other purposes.

SB 82.

By Senator Coleman of the 18th:
A bill to provide an additional Judge for the Augusta Judicial Circuit; to provide for the terms of such additional Judge; and for other purposes.

SR 32. By Senator Hargreaves of the 5th:
A resolution proposing an amendment to Article VII of the Constitution to authorize Atkinson County to refund its indebtedness; to authorize the issuance of refunding bonds; and for other purposes.

SR 36. By Senator Millican of the 52nd:
A resolution amending Article II of Constitution of 1945 granting city to perform services for unincorporated areas and county to perform certain services in city; and for other purposes.

SR 37. By Senator Millican of the 52nd:
A resolution to amend Article 7, Section 7, Part 1 of Constitution of 1945 to provide Atlanta will assume proportionate share of Fulton County School Bonded Indebtedness.

SR 38. By Senator Millican of the 52nd:
A resolution to amend Article 7 to allow consolidation of Tax Receiving and Collections functions of Fulton County and City of Atlanta and to improve tax administration in said county and city; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof :
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:

HB 234. By Messrs. Pittard and Matthews of Clarke:
A bill to be entitled an Act to prohibit and regulate within the territorial limits of any County having a population between 36,000 and 37,000, the solicitation of votes for any person or proposition; and for other purposes.

TUESDAY, FEBRUARY 6, 1951

523

HB 30. By Messrs. Overby of Hall, Ray of Warren, Twitty of Mitchell and others:
A bill to be entitled an Act to repeal the Act establishing state wide district juvenile courts; 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 42. By Messrs. Smith of Emanuel, Ray of Warren, Campbell of Oconee, Tamplin of Morgan, Garner of Dougherty and Twitty of Mitchell:
A Bill to be entitled an Act to provide for levying, assessing and collecting an income tax on net incomes, and for other purposes.

The following Committee Substitute to HB 42, was read:

A BILL
To be entitled an Act to provide for the levying, assessing, and collecting of an income tax on net income; to amend the existing statues relating to the collection of an income tax on the net income by amending Code Section 92-3106 relating to the personal exemptions and credits of resident individuals by providing that there shall be an exemption of $500.00 for each individual who is a dependent of the taxpayer and defining who may be included in dependents; to amend Code Section 92-3109 relating to deductions which may be made by the taxpayer from gross income so as to determine his net income subject to income tax by providing for a deduction for medical care and expenses; and to further amend Code Section 92-3109 by providing for a standard deduction that may be made in lieu of certain of the deductions provided for in Code Section 92-3109; to define what are capital assets and to provide what amount of gain or loss upon the sale or exchange of capital assets shall be included in calculating the net income of a taxpayer subject to the income tax 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 Code Section 92-3106 (d) be and the same is hereby repealed and in lieu thereof there is substituted the following: Five hundred dollars for each individual '(other than husband and wife) who is a dependent of the taxpayer as defined in subsection (d) (1) below, and whose gross income for the calendar year in which the taxable year of the taxpayer begins is less than $500.
Subsection (d) ( 1). Definition of dependent. As used in this subsection the term "dependent" means any of the following persons over half of whose suppirt, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer:
(A) a son or daughter of the taxpayer, or descendant of either,
(B) a stepson or stepdaughter of the taxpayer,
(C) a brother, sister, stepbrother or stepsister of the taxpayer,

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(D) the father or mother of the taxpayer, or an ancestor of either,
(E) a stepfather or stepmother of the taxpayer,
(F) a son or daughter of a brother or sister of the taxpayer,
(G) a brother or sister of the father or mother of the taxpayer,
(H) a son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law of the taxpayer,
(I) any individual, not listed above, dependent upon the taxpayer and who is incapable of self-support because mentally or physically defective.
As used in this paragraph, the terms "brother" and "sister" include a brother or sister by the half-blood. For the purpose of determining whether any of the foregoing relationships exists, a legally adopted child of a person shall be considered a child of such person by blood. The term "dependent" does not include any individual who is a citizen or subject of a foreign country unless such individual is a resident of the United States or of a country contiguous to the United States.
A payment to a wife which is includible under Section 92-3109 (h) or Section 92-3107 (a) (1) in the gross income of such wife shall not be considered a payment by her husband for the support of any dependent.
Section 2. In addition to all other deductions permitted by law, there shall be allowed each individual income taxpayer a deduction, in computing net income for State income tax purposes, of expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical care of the taxpayer, his spouse, or a dependent specified in Section 1 hereof, to the extent that such expenses exceed five per cent ( 5 o/o) of the gross income of the taxpayer as defined in Section 92-3107.
In the case of a single person, or a married person not living with husband or wife, or a husband or wife living with his or her spouse but not making a joint return of income, the maximum deduction under this subsection shall be one thousand two hundred fifty dollars ($1,250). In the case of a husband and wife living together and making a joint return, the maximum deduction shall be $2,500, for medical care of each dependent as defined in Section 1 of this Act. The maximum deduction, however, is limited to $5,000.
The term "medical care" as used in this subsection, shall include amounts paid for the diagnosis, cure mitigation or prevention of disease, or for the purpose of affecting any structure or function of the body, and shall include amounts paid for accident or health insurance.
Section 3. An individual taxpayer shall be allowed in lieu of the deductions now authorized to be made from gross income for all purposes other than ordinary and necessary expenses paid or incurred during the taxable year in carrying on any trade or business an optional standard deduction as follows:
(1) Allowance.-In the case of an individual at his election a standard deduction as follows:

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525'

(A) Total Income Less than $10,000-lf his total income is less than $10,000, the standard deduction shall be an amount equal to 10 per centum of the total income, except that in the case of a separate return by a married individual the maximum standard deduction shall be $500.
(B) Total Income of $10,000 or more.-If his total income is $10,000 or more, the standard deduction shall be $1,000, except that in the case of a separate return by a married individual, the standard deduction shall be $500.
(2) Method and effect on election.-
(A) The standard deduction shall be allowed only if the taxpayer elects in the return to use the standard deduction, and the State Revenue Commissioner shall by regulations prescribe the manner of signifying such election in the return.
(B) If the taxpayer does not signify, in the manner provided by sub-paragraph (A), his election to take the standard deduction, it shall not be allowed. If he does so signify, such election shall be irrevocable.
(3) Husband and Wife.-In the case of separate returns by a husband and wife, the standard deduction shall not be allowed to either if the net income of one of the spouses is determined without regard to the standard deduction.
(4) Short period.-In the case of a taxable year of less than twelve months on account of a change in the accounting period, the standard deduction shall not be allowed.
Section 4. There shall be included in "gross income" as defined in Code Section 92-3107 of a taxpayer gains from the sale or exchange of "capital assets", as hereinafter defined, and in the deductions as defined in Code Section 92-3109 (d) of a taxpayer to determine "net income" as defined in Code Section 92-3098 losses from the sale or exchange of "capital assets" only the amounts hereinafter provided.
(a) Definitions.-
(1) Capital Assets.-The term "capital assets" means property held by the taxpayer (whether or not connected with his trade or business), but does not include-
(A) stock in trade of the taxpayer or other property of a kind which would properly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business;

(B) property, used in his trade or business, of a character which is subject to the allowance for depreciation provided in Code Section 92-3109 (f), or real property used in his trade or business;
(C) A copyright; a literary, musical, or artistic composition; or similar property; held by-

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(i) a taxpayer whose personal efforts created such property, or
(ii) a taxpayer in whose hands the basis of such property is determined, for the purpose of determining gain from a sale or exchange, in whole or in part by reference to the basis of such property in the hands of the person whose personal efforts created such property; or
(D) an obligation of the United States or any of its possessions, or of a State or Territory, or any political subdivision thereof, or of the District of Columbia, issued on or after March 1, 1941, on a discount basis and payable without interest at a fixed maturity date not exceeding one year from the date of issue.
(2) Short-Term Capital Gain.-The term "short-term capital gain" means gain from the sale or exchange of a capital asset held for not more than 6 months, if and to the extent such gain is taken into account in computing net income;
(3) Short-Term Capital Loss.-The term "short-term capital loss" means loss from the sale or exchange of a capital asset held for not more than 6 months, if and to the extent such loss is taken into account in computing net income;
(4) Long-Term Capital Gain.-The term "long-term capital gain" means gain from the sale or exchange of a capital asset held for more than 6 months, if and to the extent such gain is taken into account in computing net income;
(5) Long-Term Capital Loss.-The term "long-term capital loss" means loss from the sale or exchange of a capital asset held for more than 6 months, if and to the extent such loss is taken into account in computing net income;
(6) Net Short-Term Capital Gain.-The term "net short-term capital gain" means the excess of short-term capital gains for the taxable year over the short-term capital losses for such year;
(7) Net Short-Term Capital Loss.-The term "net short-term capital loss" means the excess of short-term capital losses for the taxable year over the short-term capital gains for such year;
(8) Net Long-Term Capital Gain.-The term "net long-term capital gain" means the excess of long-term capital gains for the taxable year over the long-term capital losses for such year;
(9) Net Long-Term Capital Loss.-The term "net long-term capital loss" means the excess of long-term capital losses for the taxable year over the long-term capital gains for such year.
(10) Net Capital Gain.-
(A) Corporation.-In the case of a corporation, the term "net capital gain" means the excess of the gains from sales or exchanges of capital assets over the losses from such sales or exchanges; and of capital assets over the losses from such sales or exchanges; and
(B) Other Taxpayers.-In the case of a taxpayer other than a corporation, the term "net capital gain" means the excess of (i)

TUESDAY, FEBRUARY 6, 1951

527

the sum of the gains from sales or exchanges of capital assets, plus net income of the taxpayer or $1,000, whichever is smaller, over (ii) the losses from such sales or exchanges. For purposes of this subparagraph, net income shall be computed without regard to gains or losses from sales or exchanges of capital assets.
(11) Net Capital Loss.-The term "net capital loss" means the excess of the losses from sales or exchanges of capital assets over the sum allowed under subsection (c).
(b) Percentage Taken Into Account.-In the case of a taxpayer, other than a corporation, only the following percentages of the gain or loss recognized upon the sale or exchange of a capital asset shall be taken into account in computing net capital gain, net capital loss, and net income:
100 per centum if the capital asset has been held for not more than 6 months;
50 per centum if the capital asset has been held for more than 6 months;
(c) Limitation on Capital Losses.-
(1) Corporations.-In the case of a corporation, losses from sales or exchanges of capital assets shall be allowed only to the extent of gains from such sales or exchanges.
(2) Other Taxpayers.-In the case of a taxpayer, other than a corporation, losses from sales or exchanges of capital assets shall be allowed only to the extent of the gains from such sales or exchanges, plus the net income of the taxpayer or $1,000, whichever is smaller. For purposes of this paragraph, net income shall be computed without regard to gains or losses from sales or exchanges of capital assets. (d) Capital Loss Carry-over.-
(1) Method of Computation.-If for any taxable year beginning after December 31, 1950, the taxpayer has a net capital loss, the amount thereof shall be a short-term capital loss in each of the five succeeding taxable years to the extent that such amount exceeds the total of any net capital gains of any taxable years intervening between the taxable year in which the net capital loss arose and such succeeding taxable year. For purposes of this paragraph a net capital gain shall be computed without regard to such net capital loss or to any net capital losses arising in any such intervening taxable years.
(2) Rule for Application of Capital Loss Carry-Over from 1950.The amount of the net short-term capital loss of the last taxable year beginning in 1950 (computed without regard to amounts treated as short-term capital losses from the preceding taxable year), which is not in excess of the net income for such taxable years, shall, to the extent of the net short-term capital gain for the succeeding taxable year (computed without regard to this paragraph), be a short-term capital loss of such succeeding taxable year.
(e) Retirement of Bonds, Etc.-For the purposes of this chapter, amounts received by the holder upon the retirement of bonds, debentures, notes, or certificates or other evidences of indebtedness issued by any corporation (including those issued by a government

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or political sub-division thereof), with interest coupons or in registered form, shall be considered as amounts received in exchange therefor.
(f) Gains and Losses From Short Sales, Etc.-For the purpose of this chapter.-
(1) gains or losses form short sales of property shall be considered as gains or losses from sales or exchanges of capital assets; and
(2) gains or losses attributable to the failure to exercise privilege or options to buy or sell property shall be considered as short-term capital gains or losses.
(g) Determination of Period For Which Held.-For the purpose of this section.-
(1) In determining the period for which the taxpayer has held property received on an exchange there shall be included the period for which he held the property exchanged, if under the provisions of Code Section 92-3120, the property received has, for the purpose of determining gain or loss from a sale or exchange the same basis in whole or in part in his hands as the property exchanged.
(2) In determining the period for which the taxpayer has held property however acquired there shall be included the period for which such property was held by any other person, if under the provisions of Code Section 92-3119, such property has, for the purpose of determining gain or loss from a sale or exchange, the same basis in whole or in part in his hands as it would have in the hands of such other person.
(3) In determining the period for which the taxpayer has held stock or securities received upon a distribution where no gain was recognized to the distributee under the provision of Code Section 923120, there shall be included the period for which he held the stock or securities in the distributing corporation prior to the receipt of the stock or securities upon such distribution.
(4) In determining the period for which the taxpayer has held stock or securities the acquisition of which (or the contract or option to acquire it) resulted in the non-deductibility under Code Section 92-3109 (d) relating to wash sales of the loss from the sale or other disposition of substantially identical stock or securities there shall be included the period for which he held the stock or securities the loss from the sale or other disposition of which was not deductible.
( 5) In determining the period for which the taxpayer has held stock or rights to acquire stock received upon a non-taxable stock dividend or split-up of the stock, there shall be included the period for which he held the stock in the distributing corporation prior to the receipt of such stock or rights upon such distribution.
(6) In determining the period for which the taxpayer has held stock or securities acquired from a corporation by the exercise of rights to acquire such stock or securities, there shall be included only the period beginning with the date upon which the right to acquire was exercised.
Section 5. That all laws or parts of laws in conflict herewith be and the same are hereby repealed.

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529

A Substitute offered by Mr. Greer of Lanier was read:

The following amendments to the Committee Substitutes to HB 42 were read and adopted :
Twitty of Mitchell and Ray of Warren move to amend committee substitute for HB 42 and the following particular:

By striking subsection I under Section 1 in its entirety.
Twitty of Mitchell and Ray of Warren move to amend substitute to HB 42 in the following particular :

By adding to Section 4 a new subsection to be numbered as subsection (h) and to read as follows:
In the event of a gain from the sale or exchange of other assets used in the regular course of a trade or business the recognized gain shall be 50% of total gain if the asset was held for more than six months. For the purpose of this section the term "other assets" shall mean tangible property other than capital assets, except property held for resale or which would properly be includable in inventory. It shall include inventory only in the event of liquidation of a trade or business and all assets used in the course of such trade or business are sold or exchanged in order to effect such liquidation. In the event of a loss from the sale or exchange of such other assets it shall be deemed an ordinary loss.
Mr. Smith of Emanuel moves to amend a committe substitute for HB 42 by:
Adding to the caption thereof before the words, "and for other purposes," the words, "to amend Section 92-3101 of the Code of Georgia as amended so as to make certain changes in the rate of taxation of individuals on income;"
and by adding a new Section thereto to be numbered Section 4-A, and which shall read as follows:
"Section 4-A. That Section 92-3101 of the Code of Georgia, as amended, which Section relates tto the rate of taxation of individuals on income, is hereby amended by striking the figure "6 o/o" and inserting in lieu thereof the figure "7 o/o ;"
and by striking the following:
"On all income in excess of $20,000, 7 o/o" and inserting in lieu thereof:
"On all income in excess of $20,000 and not exceeding $50,000 or any part thereof, 8 o/o";
and by adding new language as follows:
"On all income in excess of $50,000, 10%, so that said Section 92-3101 when so amended shall read as follows:
"92-3101.-A tax is hereby imposed upon every resident of the State, which tax shall be levied, collected and paid annually with respect to the entire net income of the taxpayer as hereinafter defined; and

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upon every non-resident with respect to his entire net income not hereinafter exempted, received by such taxpayer from property owned or from business carried on in this State: computed at the following rates:
"On the first $1,000 or any part thereof________ 1%
On all income in excess of $1,000 and not exceeding $3,000 or any part thereof________________________ 2%
On all income in excess of $3,000 and not exceeding $5,000 or any part thereof________________ 3 o/o
On all income in excess of $5,000 and not exceeding $7,000 or any part thereof________________ 4o/o
On all income in excess of $7,000 and not exceeding $10,000 or any part thereof________________ 5%
On all income in excess of $10,000 and not exceeding $20,000 or any part thereof________________ 7%
On all income in excess of $20,000 and not exceeding $50,000 or any part thereof________________ 8o/o
On all income in excess of $50,000.----------------- 10%"
Twitty of Mitchell and Ray of Warren move to amend substitute HB 42 by adding after section 4 a new section to be known as Section 5, and to read as follows:
Section 5. That Section 92-3303 of the Code of Georgia as amended and as it appears in the 1947 Cumulative Pocket Part of the Annotated Code of Georgia, which Section relates to the period of limitation upon assessment and collection, be further amended by adding at the end of subsection, as amended, a new subsection to be designated as Subsection (f), and which subsection shall read as follows:
(f). Where before the expiration of the time prescribed in this law for the assessment of the tax, the taxpayer and the United States Treasury Department, through and by the Commissioner of Internal Revenue or other officer of the United States, have consented in writing to an extension of time in which the United States Income T.ax may be assessed, the tax under this law may be assessed at any time prior to the expiration of the period agreed upon. If the amount of the net income for any year of the taxpayer under this law, as returned to the United States Treasury Department, is changed and corrected by the Commissioner of Internal Revenue or other officer of the United States of competent authority, such taxpayer, within two years after the receipt of the Internal Revenue Agent's Report of supplemental report reflecting the corrected net income, shall make return to the Commissioner of Revenue of such corrected income. If the taxpayer fails to notify the Commissioner of assessment of additional tax by the the United States Government, the statute of limitations shall not apply. In the event of such failure the Commissioner, shall the:reupon proceed to determine, upon such evidence as he may have brought to his attention or shall otherwise acquire, the corrected income of such taxpayer for the fiscal or calendar year, and if there shall be any additional tax due from such taxpayer the same shall be assessed and collected; and if there shall have been an overpayment of the tax the said Commissioner shall, after the final determination of the net

TUESDAY, FEBRUARY 6, 1951

531

income of such taxpayer, refund the amount of such excess: provided however, that any taxpayer who fails to comply with this Section as to making report of such change as made by the Federal Government within the time specified shall be subject to all penalties provided by this law, in cases of additional tax due, and shall forfeit his rights to any refund due by reason of such change.
When the taxpayer makes the return reflecting the corrected net income as required by this Section, the Commissioner shall make assessments or refunds based thereon within three years from the date the return required by this Section is filed and not thereafter. When the taxpayer does not make the return reflecting the corrected net income as required by this Section, but the Department of Revenue receives from the United States Government or from one of its Agents a report reflecting such corrected net income, the Commissioner shall make assessment for taxes due based on such corrected net income within five years from the date the report from the United States Government or its Agent is actually received and not thereafter."

Twitty of Mitchell and Ray of Warren move to amend substitute HB 42 by adding after section (5) a new section to be known as section (6) and to read as follows:
Section 6. That Section 92-3301 of the 1933 Code of Georgia, as amended, and as it appears in the 1947 Cumulative Pocket Part of the Annotated Code of Georgia, be and the same is hereby further amended by striking the last sentence of Subsection (b) of said Section and inserting in lieu thereof the following sentence:
"If any installment is not paid on or before the date fixed for its payment, the whole amount of the tax unpaid shall immediately become due and payable without notice and demand from the Commissioner, and interest shall be added from said date at the rate of six per centum per annum until the amount of tax is paid."
Section A. That Subsection (c) of Section 92-3301 of the Code of Georgia as amended and as it appears in the 1947 Cumulative Pocket Part of the Annotated Code of Georgia, which section relates to the payment of interest if the time for filing the return be extended, is further amended by adding at the end thereof the following:
"In the event of such extension the Commissioner may require the filing of a tentative return which shall show thereon the amount of tax which the taxpayer estimates he will owe on a completed and final return. The taxpayer may pay one-third of the total tax shown to be due on the tentative return. If the tentative is underestimated by more than ten per centum of the tax which is shown on the completed and final return, interest at the rate of six per centum per annum on the entire amount of unpaid tax shown on the completed return computed from the original due date of the return to the date the completed return is filed shall be added to the tax and paid at the time the completed return is filed. If the tentative tax is underestimated by not more than ten per centum of the tax shown on the completed return, interest at the rate of six per centum per annum shall be computed on the difference between the total tentative tax and total tax shown on the completed return, computed from the original due date until the date the completed return is filed. Nothing herein shall be con-

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strued to mean that the taxpayer forfeits his right to continue payment on the installment basis, by reason of his failure to pay at least onethird of the tax shown to be due on the completed return. If, however, the taxpayer shall fail to pay the interest on or before the next installment after the completed return is filed becomes due and payable, it shall be the same as if he had failed to pay such next installment in full, in which case Subsection (d) of this section relating to failure to pay installments shall apply and the entire balance shall become immediately due and payable."

Twitty of Mitchell and Ray of Warren move to amend substitute HB 42 by adding after section (6) a new section to be known as section (7) , to read as follows:
Section 7. That Section 92-3305 of the Code of Georgia as amended and as it appears in the 1947 Cumulative Pocket Part of the Annotated Code of Georgia, which section relates to additions to tax in case of non-payment, is hereby further amended by striking the words, "one per centum a month" wherever it appears and inserting in lieu thereof "six per centum per annum", so that said section when amended shall read as follows:
"(a) Where the amount determined by the taxpayer as the tax imposed by this law, or any installment thereof, or any part of such amount or installment, is not paid on or before the date prescribed for its payment, there shall be collected, as a part of the tax, interest upon such unpaid amount at the rate of six per centum per annum from the date prescribed for its payment until it is paid.
"(b) Where a deficiency, or any interest or additional amounts assessed in connection therewith, or any addition to the tax in case of delinquency, is not paid in full within 10 days from the date of notice and demand from the Commissioner, there shall be collected, as part of the tax, interest upon the unpaid amount at the rate of six per centum per annum from such date until it is paid."

Twitty of Mitchell and Ray of Warren move to amend substitute to HB 42 by adding a new section to be known as section (8) and to read as follows:
Section 8. Be it further enacted by the authorized aforesaid that the provisions of this Act shall apply to and be in full force and effect for all taxable years ending on and after the passage of this Act.

Twitty of Mitchell and Ray of Warren move to amend substitute HB 42 by changing the number of section (5) to section (9) so that when amended it shall read as follows:
Section 9. That all laws and part of laws in conflict hereto be and the same are hereby repealed.
On the adoption of the Greer Substitute, the ayes were 11, nays 99.
The Substitute was lost.
On the adoption of the Committee Substitute, as amended, the ayes were 122, nays 8.
The Committee Substitute, as amended, was adopted.

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533

The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.

On the passage of the bill, by substitute, as amended, the ayes were 122, nays 16.

The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

The following Resolution of the House was read and adopted:

HR 113. By Mr. Kidd of Baldwin:

A RESOLUTION
WHEREAS, the cappella Choir of the Georgia State College for Women is one of the best of its kind in the nation; and
WHEREAS, this Choir has appeared before this Body many times in the past and has furnished splendid entertainment for the members of the General Assembly;
NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia that the cappella Choir of the Georgia State College for Women be extended a cordial invitation to give a performance before a joint session of the House of Representatives and the Senate on February 12, 1951 at eleven o'clock A. M.
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Director of said Choir by the Clerk of the House of Representatives and that Honorable Culver Kidd, Representative from Baldwin County, be instructed to extend a personal invitation to the said Choir.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock A. M., tomorrow morning and the motion prevailed.

Leaves of absence were granted to Messrs. Brazeal of Terrell and Denton of Paulding.

The Speaker announced the House adjQJlrned until 10:00 o'clock, A. M., tomorrow morning.

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Representative Han, Atlanta, Georglia, February 7, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. G. C. King, Pastor, Darien Methodist Church, Darien, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills.
6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 503. By Messrs. Stanton of Newton and Dally of Walton:
A Bill to be entitled an Act to provide that every person shall, before selling or offering for sale any pimiento plants, register the same with the Commissioner of Agriculture, and for other purposes.
Referred to the Committee on General Agriculture # 1.
HB 504. By Mr. Brazeal of Terrell:
A Bill to be entitled an Act to promote temperance and prosperity for Goorgia people; to foster and encourage the growing of grapes, fruits and berries on Georgia farms, etc., and for other purposes.
Referred to the Committee on Temperance.

WEDNESDAY, FEBRUARY 7, 1951

535

HB 505. By Messrs. Rollins of Meriwether and Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act creating the Franklin D. Roosevelt Warm Springs Memorial Commission, and for other purposes.
Referred to the CommittE:e on Auditing.

HB 506. By Messrs. Ray of Warren, Twitty of Mitchell, Lewis of Hancock, McCracken of Jefferson, Smith of EmanuE:l and many others:
A Bill to be entitled an Act to amend an Act entitled "RegUlations as to Vehicles"; providing limitations as to size of vehicle and weight of load, E:tc., and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 507. By Messrs. Rogers of Heard, McGarity of Henry, Peacock of Dodge, Boggus of Ben Hill and others:
A Bill to be E:ntitled an Act to provide for licensing of dealers and brokers of livestock, and for other purposes.
Referred to the Committee on General Agriculture #2.

HB 508. By Messrs. Dews of Calhoun and Pittard of Clarke:
A Bill to bE:' entiled an Act to amend an Act relating to the right to writ and wages exempt until after judgment from garnishment, so as to provide that share croppers' wages shall also be exempt until after judgment, and for other purposes.
RE:ferred to the Committee on Industrial Relations.

HB 509. By Messrs. Hollis of Muscogee, Ray of Warren, Smith of Emanuel and Smith of Fulton:
A Bill to be entitled an Act to provide a uniform system for the registration of marriages, divorces, annulments of marriage; and for other purposE:s.
Referred to the Committee on General Judiciary #2.

HB 510. By Messrs. Duncan of Carroll and McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act to establish a Minimum Foundation Program for Education, so as to morE:' clearly define the duties and authority of the State Board of Education in reference to vocational education, and for other purposes.
Referred to the Committee on Education #1.

HB 511. By Messrs. BE:ll, Holley and Graham of Richmond:
A Bill to be entitled an Act to establish, maintain and conduct BOY'S FARM ADVENTURE of Richmond County, Georgia, and for other purposes.
Referred to the Committee on Public Property.

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HB 512. By Messrs. Robertson and Cranford of Cowota:
A Bill to be entitled an Act to amend an Act relating to the granting of letters of dismission to guardians; and for other purposes.
Referred to the Committeo on Special Judiciary:

HB 513. By Messrs. Robertson and Cranford of Coweta:
A Bill to be entitled an Act to amend an Act referring to the fees of tht Ordinary and Commissioners in restoration proceedings involving a person who has previously been adjudged a lunatic or a person of unsound mind; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 514. By Messrs. Robertson and Cranford of Cowota:
A Bill to be entitled an Act to amend an Act relating to the commitment of persons to the Milledgeville State Hospial, and for oher purposes.
Referred to the Committee on Veterans Affairs.

HB 515. By Messrs. Robertson and Cranford of Coweta: A Bill to be entitled an Act to amend an Act referring to the commitment of incompetent or insane veterans to a Unitod States Veterans Bureau Hospital, and for other purposes.
Referred to the Committee on Veterans Affairs.
HB 516. By Messrs. Robertson and Cranford of Coweta: A Bill to be entitled an Act to amend an Act pertaining to the tim which business may be transacted with the ordinaries in the State, etc., and for other purposes.
Reforred to the Committee on Special Judiciary.
HB 517. By Messrs. Tarbutton of Washington, Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act entitled "Jekyll Island State Park Authority Act", and for other purposes. Referred to the Committee on State of Republic.

HR 106-517a. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Resolution approving the Executive Orders suspending a portion of the excise taxes on domostic wines, and for other purposes.
Referred to the Committee on State of Republic.

HR 107-517b. By Messrs. Overby of Hall and Covington of Floyd: A Resolution to authorize the Boy Scouts to erect a replica of the

WEDNESDAY, FEBRUARY 7, 1951

537

Statue of Liberty on the Capitol Grounds, and for other purposes. Referred to the Committee on Historical Research.

HB 108-517c. By Mr. Overby of Hall:
A Re.solution to provide for the relief of William H. McCoy, injured in the collapse of a certain building structure at the State prison at Reidsville, and for other purposes.
Referred to the committee on Special Appropriations.

HR 109-517d. By Mr. Langdale. of Lowndes:
A Resolution to compensate Fred Kirkwood, Jr., for damages to his automobile when hit by a vehicle owned by the Department of Public Safety, etc., and for other purposes.
Rtferred to the Committee on Special Appropriations.

HR 110-517e. By Mr. Walker of Crawford:
A Resolution proposing the study of the advisability of moving the State Government from Atlanta to Macon, and for other purposes.
Referred to the Committee on Drainage.

HB 518. By. Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act governing the collection of cost, fines and forfe.itures in the City Court of Dublin, and for other purposes.
Referred to the Committee on Municipal Government.

HB 519. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act to incorporate the Town of East Dublin, and for othe.r purposes.
Referred to the Committee on Municipal Government.

HB 520. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act to amend an Act creating a ne.w charter for the City of Dublin, and for other purposes.
Referred to the Committee on Municipal Government.

HB 521. By Messrs. Be.ll, Graham and Holley of Richmond: A Bill to be entitled an Act to amend an Act so as to establish the salary of the stenographic reporter in counties having a city therein of.not less than 71,000 or more than 73,000, and for other purpose.s.
Referred to the Colll'mittee on Municipal Government.
HB 522. By Messrs. Alverson, M. Smith and H. Smith of Fulton: A Bill to be entitled an Act to carry into effe.ct in the City of Atlanta

538

JOURNAL OF THE HOUSE,

the provisions of an amendment establishing the Civil Court of Fulton County; to fix the salaries of the Clerk and Marshal of said Court, and for other purposes.
ReferrEod to the Committee on Municipal Government.
HB 523. My Messrs. Lovett and Hadden of Laurens:

A Bill to be entitled an Act to amend an Act reducing the number of County Commissioners of Laurens County, and for other purposes.
REoferred to the Committee on Counties and County Matters.

HB 524. By Messrs. Scoggin, Covington and Hall of Floyd:
A Bill to be entitled an Act to amend an Act to establish a City Court of Floyd County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 525. By Messrs. VandivH and Wood of Bibb:
A Bill to be entitled an Act to amend an Act to establish the City Court of Macon, and for other purposes.
Referred to the Committee on Municipal Government.

HB 526. By Mr. Stocks of LEoe:
A Bill to be entitled an Act approved March 6, 1945 relating to the Board of Commissioners of Roads and Revenues of Lee County, and for other purposes.
Referred to thE~ Committee on Counties and County Matters.

HB 527. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Haralson, and for other purposes.
ReferrEod to the Committee on Counties and County Matters.

HB 528. By Messrs. Cornelius and McKelvey of Polk: A Bill to be entitled an Act to amend an Act to incorporate the City of Rockmart, and for other purposes.
Referred to thEi Committee on Municipal Government.

HB 529. By Messrs. Bentley and Williams of Cobb:
A Bill to be entitled an Act to require candidates in primary and general elections for membEors of the General Assembly in Cobb County, to specify the particular incumbent which they desire to oppose or succeed, and for other purposes.
Referred to the Committee on Counties and County Matters.

WEDNESDAY, FEBRUARY 7, 1951

539

HB 530. By Messrs. Harper and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act establishing the City Court of Griffin, and for other purposes.
Referr:d to the Committee on Municipal Government.

HB 531. By Mr. Hilton of Montgomery:
A Bill to be entitled an Act to provide that the Sheriff of Montgomery County shall be paid the sum of $100.00 per month in lieu of any mileage allowances, and for oth:r purposes.
Referred to the Committee on Counties and County Matters.

HB 532. By Mr. Hilton of Montgomery:
A Bill to be entitled an Act to amend an Act cr:ating the office of Tax Commissioner of Montgomery County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 533. By Messrs. AlvHson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to incorporate the City of Mountain Park, and for other purposes. Referred to the Committee on Municipal Government.
HB 534. By Messrs. Smith and Duncan of Carroll:
A Bill to b:' entitled an Act to create a Commissioner of Roads and Revenue for Carroll County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 535. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitl:d an Act to amend an Act pertaining to coroners Fees in counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 536. By Messrs. Bell, Gra,ham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to establish the salary of the Assistant Solicitor Generals of not less than 108,000 nor more than 112,000 population, and for other purposes.
Referr:d to the Committee on Counties and County Matters.
HB 537. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to provide in all counties having a population under the 1950 U.S. census of not less than 108,000 inhabitants nor more than 112,000, the fixing of the salari:s of the Court Reporter and Bailiffs to the Superior Court Judge, and for other purposes.
Referred to the Committee on Counties and County Matters.

540

JOURNAL OF THE HOUSE,

HB 538. By Messrs. Bdl, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to abolish the Justice Courts and the office of Justice of the Peace and Notary Public-exofficio Justice of the Peacf: and the Office of Constable in the City of Augusta, and for other purposes.
Referred to the Committee on Municipal Government.

HB 539. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be f:ntitled an Act to change from the fee system to the salary system in counties having a population of not less than 100,000 nor more than 110,000 certain elected officials, clerks and employees, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 540. By Mr. Wiggins of Stephens:
A Bill to be entitled an Act to amend an Act incorporating" the City of Toccoa, and for other purposes.
Referred to the Committee on Municipal Government.

HB 541. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to repeal an Act E:ntitled "An Act to establish the City Court of Quitman, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 542. By Messrs. McGee, Hood and Page of Chatham:
A Bill to be entitled an Act to amend an Act creating the Chatham County Pension Board, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 111-540a. By Messrs. Hall, Scoggin and Covington of Floyd:
A Resolution proposing an amendment so as to provide for the division of Floyd County into school board districts, and for other purposes.
ReferrE:d to the Committee on Education # 1.

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

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

HB 5.

By Messrs. Hand and Twitty of Mitchell, Gardner of Dougherty, Campbell of Oconee, Ray of Warren, Key of Jasper and Lewis of Hancock:
A bill to levy a tax on sales and use of cigars, cigarf:ttes, little cigars,

WEDNESDAY, FEBRUARY 7, 1951

541

cheroots and stogies; and for other purposes.

HB 26.

By Messrs. Hopkins of Charlton, Adams of Brantley, Key of Jasper, Edenfield of Emanuel and Garrard of Wilkes:
A bill to regulate the making and manufacturing and selling of domestic and foreign wines and for licensing of retail and wholesale dealers and wineries; and for other purposes.

HB 41. By Messrs. Ray of Warren, Campbell of Oconee, Gowen of Glynn, Rogers of Heard, Twitty and Hand of Mitchell and Smith of Emanuel:
A bill to amend Title 92 (Public Revenue) Motor Fuel Tax Law, and for other purposes.

HB 78.

By Mr. Twitty of Mitchell:
A bill to repeal an Act which provides the method for taxing the Capital Stock of Banks and Banking Associations in the hands of their shareholders and prohibits any tax upon the capital of such institutions; and for other purposes.

HB 2.

By Messrs. Ray of Warren, Matthews of Clarke, Twitty of Mitchell, Key of Jasper, Langdale of Lowndes and many others:
A bill to authorize the levy and collection of a general retailers sales and use tax, and for other purposes.

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

SB 54. By Senators Harden of the 45th, Rawls of the lOth, Millican of the 52nd, Osgood Williams of the 19th, McCranie of the 48th:
A bill to provide coverage of county and municipal employees und:r the Old Age and Survivors Insurance Provisions of the Federal Social Security Act; and for other purposes.

HB 211. By Mr. Hall of Toombs:
A bill to amend the charter of the City of Vidalia; and for other purposes.

HB 214. By Mr. Hall of Toombs:
A bill to amend an Act providing for a new charter for the City of Vidalia, and for other purposes.

HB 37. By Mr. Hollis of Muscogee: A Bill to amend an Act prohibiting insurance companies organized

542

JOURNAL OF THE HOUSE,

and operating under tht- laws of this state from acquiring or holding more than ten (10) per cent of the securities of any single corporation, and for other purposes.

Mr. Freeman of Monroe County, Chairman of the Committet- on Amendments to the Constitution #1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution #1 has had under consideration tht- following Resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 82-361g. Do Pass.
HR 84-379a. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.
Mr. Nightingale of Glynn County, Chairman of the Committee on Amendm~nts to the Constitution #2, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution #2 has had under consideration the following Resolutions of the House and has instructed me as Chairman, to report the same back to the Houst- with the following recommendations:
HR 99-476a. Do Pass.
HR 101-476c. Do Pass.
Respectfully submitted,
Nightingale of Glynn,
Chairman.

Mr. Alverson of Fulton County, Chairman of the Committee on Counties and Gounty Matters, submitted the following report:
Mr. Speaker:
Your Committee on Counti:s 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 466. Do Pass. HB 467. Do Pass.
HB 502. Do Pass.
HB 492. Do Pass.
HB 497. Do Pass.

WEDNESDAY, FEBRUARY 7, 1951

543

HB 498. Do Pass. HB 499. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committt:e on Education
# 1, submitted the following report:
Mr. Speaker:
Your Committee on Education #1 has had under consideration the following Bills of the House and has instructed me as Chairman, to report back to the House with the following rt:commendations:
HB 439. Do Pass. HB 440. Do Pass.
Respectfully submitted, Duncan of Carroll, Chairman.

Mr. Rogers of Heard County, Chairman of the Committee on General Agriculture #2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture; #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 478. Do Pass.-
HB 477. Do Pass.
HB 479. Do Pass.
Respectfully submitted, Rogt:rs of Heard, Chairman.

Mr. Rogers of Heard County, Chairman of the Committee on General Agri-

culture #2, submitted the following report:

'



Mr. Speaker:

Your Committee on General Agriculture #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 443. Do Pass.

Respectfully submitted,

Rogt:rs of Heard,

Chairman.

544

JOURNAL OF THE HOUSE,

Mr. Smith of Bryan 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 Stnate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 255. Do Pass, as Amended.
HB 256. Do Pass.
SB 63. Do Pass.
Respectfully submitted,
Smith of Bryan,
Chairman.

Mr. Rowland of Johnson County, Chairman of the Committee on Industrial Relations, submitted tht following report:
Mr. Speaker:
Your Committee on Industrial Relations 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 217. Do Pass, By Substitute.
HB 358. Do Not Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.

Mr. Gillis of Treutlen 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 178. Do Pass, as Amended.
Respectfully submitted,
Gillis of Treutlen,
Chairman.
Mr. Bennett of Barrow County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had und:r consideration the

WEDNESDAY, FEBRUARY 7, 1951

545

following Bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recomme:ndations:
SB 151. Do Pass. SB 143. Do Pass. SB 141. Do Pass. SB 140. Do Pass. SB 148. Do Pass. SB 64. Do Pass. HB 458. Do Pass. HB 455. Do Pass. HB 46'9. Do Pass. HB 428. Do Pass. HB 407. Do Pass. HB 436. Do Pass. HB 474. Do Pass. HB 473. Do Pass. HB 472. Do Pass. HB 471. Do Pass. HB 468. Do Pass. HB 434. Do Pass. HB 454. Do Pass. HB 403. Do Pass. HB 445. Do Pass. HB 452. Do Pass. HB7. Do Pass. HB 363. Do Pass. HB 453. Do Pass.
Respectfully submitted, Bennett of Barrow, Chairman.

Mr. Bennett of Barrow County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker:
Your Committee on Municipal Government has had under consideration the

546

JOURNAL OF THE HOUSE,

following Bills of the House and has instructed me as Chairman, to report the same back to the House with the 'following recommendations:
HB 485. Do Pass. HB 500. Do Pass. HB 487. Do Pass. HB 490. Do Pass. HB 489. Do Pass. HB 488. Do Pass. HB 486. Do Pass.
Respectfully submi~ted, Bennett of Barrow, Chairman.

Mr. Henderson of Atkinson 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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommEmdations:.

SB 139. Do Pass.

Respectfully submitted,

Henderson of Atkinson,

Chairman.

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

Mr. Speaker:

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

HB 43 7. Do Pass.

HB 325. Do Not Pass.

Respectfully submitted,

McCracken of Jefferson,

Chairman.

Mr. Dorsey of White County, Chairman of the Committl:e on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined the following Bills and Resolu-

WEDNESDAY, FEBRUARY 7, 1951

547

tions of the House, and finds the same properly enrolled:
HB 23. HB 32. HB 33. HB 53. HB 59. HB 75. HB 83. HB 154. HB 194. HB 208. HB 209. HB 210. HB 212. HB 213. HB 216. HB 232. HB 235. HB 236. HB 237. HB 238. HB 239. HB 240. HB 241. HB 246. HB 247. HB 248. HB 257. HB 272. HB 273. HB 275. HB 276. HB 286. HB 287.

548

JOURNAL OF THE HOUSE,

HB 289. HB 290. HB 291. HB 292. HB 293. HB 294. HB 295. HB 304. HR 49-248a. HR 59. HR 68-310b. HR 90. HB 158. HB 215.

Respectfully submitted, Dorsey of White, Chairman.

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report:
Mr. Speaker:
Your Committee on Engrossing has :xamined the following Bills and Resolutions of the House and finds them properly engrossed:
HB 106. HB 138. HB 140. HB 142. HB 230. HB 270. HB 271. HB 305. HB 339. HB 383. HB 429. HB 431.

WEDNESDAY, FEBRUARY 7, 1951

549

HB 432. HB 433. HR 31-153a. HB 42. HB 384. HB 405. HB 408. HB 411. HB 413. HB 427. HB 430. HB 435. HB 446. HB 449. HB 450. HB 451. HB 456. HB 457. HB 459. HR 113.

Respectfully submitted, Green of Rabun, Chairman.

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

HB 7. By Messrs. Cornelius and McKelvey of Polk:
A Bill to be entitled an Act to amend an Act of the Code of 1933, as amended, wherein a tax over one-half of one per cent for ordinary current expenses is prohibited from being levied by municipalities, and for other purposes.

HB 178. By Messrs. Twitty of Mitchell, Overby of Hall, Hollis of Muscogee, Durden of Dougherty, Johnson of Hall and others:
A Bill to be entitled an Act relating to motor vehicles, trailers, etc., the ownership and interest therein; to provide for the registration and the issuance of certificates, and for other purposes.

550

JOURNAL OF THE HOUSE,

HB 217. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to provide for the taxation, regulation, control and licensing of Racing within the State of Georgia, and for other purposes.

HB 255. By Mr. Matthews of Clarke:
A Bill to be entitled an Act making provision for the licensing of applied psychologists through a State Board of Examiners of Psychologists, and for other purposes.

HB 256. By Messrs. Ursrey of Jeff Davis, Rogers of Heard, Langdale of Lowndes, and Clary of McDuffie:
A Bill to be entitled an Act to govern Sanitation in Eating Places, and for other purposes.

HB 363. By Messrs. Smith and Duncan of Carroll:
A Bill to be entitled an Act to amend the charter of the City of Carrollton, and for other purposes.

HB 403. By Messrs. Register and Langdale of Lowndes:
A Bill to be entitled an Act to amend the Charter of the City of Valdosta; to authorize the levy of a tax, and for other purposes.

HB 407. By Mr. Denton of Paulding:
A Bill to be entitled an Act to amend an Act to create a new charter for the Town of Dallas, and for other purposes.

HB 428. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to amend an Act creating the charter for the City of Millen, and for other purposes.

HB 434. By Messrs. Parker and Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act which Act establishes a new charter for the City of Milledgeville, and for other purposes.

HB 436. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend the Charter of the Town of Bowdon, and for other purposes.

HB 437. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act establishing the Minimum Foundation Program of Education in Georgia, to equalize educational opportunities throughout the State and related financial and administrative procedures, and for other purposes.

WEDNESDAY, FEBRUARY 7, 1951

551

HB 439. By Messrs. McCracken of Jefferson, Ray of Warren, Smith of Emanuel and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act to establish a Minimum Foundation Program of Education in Georgia, by providing for an effective date of the Act, and for other purposes.

HB 440. By Messrs. McCracke-n of Jefferson, Ray of Warren, Smith of Emanuel and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act to establish a Minimum Foundation Program of Education in Georgia, by fixing a budget for the Department of Education, and for other purposes.

HB 443. By Messrs. Rogers of Hettrd, Stewart of Habersham and Murr of Sum-

ter:

.

-

A Bill to be entitled an Act to provide for an alternate method of re-

porting and collecting Fertilizer Tax, and for othel' purpose~.

HB 445. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to establish a new charter for the Town of Ringgold, and for other p1uposes.

HB 452. By Messrs. Vandiver, Clay and Wood 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 453. By Messrs. Harper :and Bolton of Spalding: _
A Bill to be entitled an Act to amend the Charter of the City of Griffin, and for other purposes.

HB _454. By_ Mr. Adams of Brantley:
A Bill to be entitled an Act to amend an Act which creates and incorporates the City of Nahunta, and for other purposes.

HB 455. By Messrs. Edenfield and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act creating the City Court of Swainsboro, and for other purposes.

HB 458. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to amend the charter of the Town of Fort Oglethorpe, and for ~ther purposes.

HB 466. By Mr. Guthrie of Berrien:
A Bill to be entitled an Act to place the Sheriff of Berrien County upon a salary basis in lieu of a fee basis, and for other purposes.

552

JOURNAL OF THE HOUSE,

HB 467. By Mr. Guthrie of Berrien:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Berrien County upon a salary basis, and for other purposes.

HB 468. By Messrs. Bell, Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur, and for other purposes.

HB 469. By Mr. Ball of Lamar:
A Bill to be entitled an Act to amend an Act incorporating the City of Barnesville, and for other purposes.

HB 471. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act incorporating the City of Tallapoosa, and for other purposes.

HB 472. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Wrens, and for other purposes.

HB 473. By Messrs. Johnson and Overby of Hall:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Gainesville, and for other purposes.

HB 474. By Messrs. Duncan and Smith of Carroll:
A Bill to be entitled an Act to repeal an Act establishing a Board of Tax Equalizers and providing for time and manner of fixing and assession real and personal property for taxation, and for other purposes.

HB 477. By Messrs. Peacock of Dodge, Rogers of Heard, Stewart of Habersham and Kemp of Clayton:
A Bill to be entitled an Act to amend an Act relating to the punishment of cattle stealing, and for other purposes.

HB 478. By Messrs. Rogers of Heard, Stewart of Habersham, Biggers of Meriwether, McGarity of Henry and others:
A Bill to be entitled an Act to provide for appointment of a person to weigh livestock and swine at livestock auction markets and stock yards, and for other purposes.

HB 479. By Messrs. Rogers of Heard, McGarity of Henry, Biggers of Meriwether, Stewart of Habersham and Boggus of Ben Hill:
A Bill to be entitled an Act to provide for adoption of an Official Georgia Label or Trademark for Georgia Farm Products, and for other purposes.

WEJ?NESDAY, FEBRUARY 7, 1951

553

HB 485. By Mr. Tarpley of Union:
A Bill to be entitl:d an Act to amend an Act incorporating the City of Blairsville, and for other purposes.

HB 486. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Folkston, and for other purpos:s.

HB 487. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act to amend the Act creating and establishing a new chartH for the City of Albany; defining the corporate limits of said city, and for other purposes.

HB 488. By Mr. Smith of Bryan:
A Bill to be entitled an Act to amend an Act incorporating the City of Pembroke, and for other purposes.

HB 489. By Mr. Raulerson of Pierce:
A Bill to be entitled an Act to amend an Act incorporating the City of Blackshear, and for other purposes.

HB 490. By Messrs. Cornelius and McKelvey of Polk:
A Bill to be entitled an Act to amend an Act to establish the City Court of Polk County, and for other purposes.

HB 492. By M:ssrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend the charter of the City of Atlanta repealing the Street Tax; and for other purposes.

HB 497. By Messrs. Williams of Houston, Little of P:ach, Walker of Crawford, Clay, Wood and Vandiver of Bibb:
A Bill to be entitled an Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Circuit shall be supplemented by payments to be made from the Treasuries of Bibb, Crawford, Houston and Peach Counties and for other purposes.

HB 498. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to provide for the appointment of an Assistant Solicitor of the City Court in counties of a certain population, and for othH purposes.

HB 499. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act to protect the health and the safety of Muscogee County and the inhabitants thereof, and for other purpos:s.

554

JOURNAL OF THE HOUSE,

HB 500. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act to amend the Charter of the City of Columbus by extc,nding the present corporate limits, and for other purposes.

HB 502. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act to authorize the Commissioners of Roads and Revenues of Muscogee County to enact zoning and planning laws, and for othc,r purposes.

HR 82-861g. By Messrs. Parker of Baldwin, Boggus of Ben Hill and Harrell of Grady and others:
A Resolution proposing an amendment to provide that members of the General Assembly shall be elc,cted for four years, and for other purposes.

HR 84-379a. By Mr. Raulerson of Pierce:
A Resolution proposing an amendment to provide for the division of Pierce County into School Districts, and for other purposCoi.

HR 101-476c. By Messrs. Bell, Graham and Holley of Richmond:
A Resolution proposing an amendment to provide that the General Assembly may grant to the governing body of Richmond County the right to construct streets, etc, and provide method of payment, and for other purposes.

SB 63. By Senators Chance ()f the 43rd, Akin of the 40th,. and Oliver of the 54th:
A Bill to be entitled an Act to provide for the creation and maintenance of a State Educational research service with duties to carry out the development of alcohol on human health, and for other purposc,s.

SB 64. By Senator Oliver of the 54th:
A Bill to be entitled an Act to incorporate the City of Reidsville, and for other purpost::s.

SB 139. By Senator Willingham of the 39th:
A Bill to be entitled an Act to authorize the Director of the Division of State Parks, Historical Sites and Monuments to sublease, property which the State of Georgia has leased from the U. S. Government; and for other purposes.

SB 140. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend the Charter of the City of LaGrange, and for other purposes.

WEDNESDAY, F'EBRUARY 7, 1951

:555

SB 141. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend the Charter of the City of LaGrange, and for other purposes.

SB 143. By Senator Ellard of the 31st:
A Bill to be entitled an Act to reproal an Act incorporating the Town o! Porter Mills, and for other purposes.

SB 148. By Senator Hughes of the 32nd:
A Bill to be entitled an Act to amend an Act relating to the Town of Dawsonville, and for othror purposes.

SB 151. By Senator Duncan of the 34th:
A Bill to be entitled an Act to amend the charter of the Town of Grayson, and for other purposes.

By unanimous consent, the following Bills and Resolution were takron up for consideration and read the third time:
HB 406. By Messrs. Nightingale and Gowen of Glynn:
A Bill to be entitled an Act to amend the Chartror of the City of Brunswick, and for other purposes.
The following amendments to HB 406, were read and adopted:
Committee Amendmront to HB # 406:
By: Amending the Title of said Bill by striking the words therein: "to authorize and empower the City Commission to close certain streets or portions throreof and to dispose of such streets or portions thereof so closed in is discretion without advertisement for bids and public sale;"
And by striking Section 1, and all subsections of said Section l, of said Bill, in its entirety, and renumbering the remaining Sections consecutivroly from 1 through 6.
Nightingale of Glynn and Gowen of Glynn move to amend HB 406 as amended:
By adding to the title after the words, "An Act to amend the charte.r of the City of Brunswick, Georgia:" and before the words, "to amend the pension system of said city-", the following words,
"To authorize and empower the City Commission to close certain streets or portions thereof and to dispose of such streets or portions thereof so closed by conveying the same to the abutting property owners for such consideration as said City Commission may fix;"
and by adding a new section to be numbered Section 1, to read as follows:
"SECTION 1. The Commission of the City of Brunswick is hereby authorized by ordinance duly adopted, to close the following

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JOURNAL OF THE HOUSE,

streets and portions of streets in the said City of Brunswick as identified and described according to the well known maps and plan of said city, to-wit:
"(a) T Street from Cleburne Street on the east to the southern line of the Atlantic Coast Line Railroad, Western Division, formHly Atlanta, Birmingham and Coast Railroad Company's spur track rightof-way, running to the Hercules Powder Company;
"(b) Davis Street from the Roswell-King line of the Town Commons of said City on the south to said right-of-way, ref(orred to in the foregoing sub-paragraph (a) of this section;
" (c) Habersham Street from the Roswell-King line of Town Commons of said city on the south to said right-of-way, referred to in sub-paragraph (a) of this section;
" (d) Bay Street, or any portion or portions thereof, from the southerly line of First Avenue running northerly to the northerly line of Gloucester Street.
"In closing said streets and any portion or portions thHeof, the City of Brunswick may, in the discretion of the City Commission, convey any portion or portions thereof so closed to the abutting property owner or owners, for such consideration and upon such terms as may be fix(od by said City Commission."
and by renumbering the following Fections of said l>Hl as Sections 2 through 7, in proper sequence.
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 amend(od, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 386'. By Messrs. Battles and Clark of D(ocatur, Harrell of Grady, Durham of Baker, Durden of Dougherty, Twitty of Mitchell and Dews of Calhoun:
A Bill to be entitled an Act to change the times for holding the Superior Court of Decatur County, and for othH purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ay(os were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 45-207a. By Messrs. Abney and Campbell of Walker:
A R(osolution to request the Librarian to furnish Law Books to the Superior Court of Walker County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 105, nays 0.

WEDNESDAY, FEBRUARY 7, 1951

557

The resolution, having received the requisite constitutional majority, was adopted.

HB 475. By Mr. Boone of Wilkinson:
A Bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County, and for other purposes.
The report of the Committee, which was favorabl(, to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having rec(,ived the requisite constitutional majority, was passed.

HB 470. By Mr. Dean of Bacon:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Bacon 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 r(,quisite constitutional majority, was passed.

By unanimous consent, the following Bills and. Resolutions of the Senate were read the first time and r(,ferred to the Committees:
SB 47. By Senator Millican of the 52nd:
A Bill to be entitled an Act to authorize and direct the Governor to sell all book plate metal belonging to the State, and for other purposes.
Referred to the Committee on Public Property:
SB 54. By Senators Harden of the 45th, Rawls of the lOth and others:
A Bill to be (,ntitled an Act to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act; and for other purpos(,S.
Referred to the Committee on Pensions.
SB 82. By Senator Coleman of the 18th:
A Bill to be entitled an Act to provide an additional Judge to preside regularly in the Superior Court of the Augusta Judicial Circuit, and for other purposes.
Referred to the Committee on Sp(,cial Judiciary.

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JOURNAL OF THE HOUSE,

SB 112. By Senator Millican of the 52nd:
A Bill to be entitled an Act to limit mileage for Public Works expenditures in counties of 300,000 or mor~:>, to prohibit work in sub-divisions and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 153. By Senator Hagan of the 17th:
A Bill to be entitled an Act to providE> for the fees of the Coroner of Screven County in connection with the holding of inquest and with furnishing coffin and burial expenses; and for other purposes.
Referred to the Committ~:>e on Counties and County Matters.

SR 32. By Senator Hargreaves of the 5th:
A Resolution proposing an amendment so as to authorize the County of Atkinson to refund its indebtedn~:>ss and to authorize the governing authorities of the County of Atkinson without a vote of the people, to authorize the issuance of refunding bonds to meet the pr~:>sent or any future indebtedness, etc., and for other purposes.
Referr~:>d to the Committee on Amendment to the Constitution # 1.

SR 36. By Senator Millican of the 52nd:
A Resolution authorizing an amendment to Article XI of the Constitution of the State of Georgia of 1945, and for other purposes.
Referr~:>d to the Committee on Amendments to the Constitution #2.

SR 37. By Senator Millican of the 52nd:
A Resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph 1 of the Constitution of Georgia of 1945, and for other purposes.
Referred to the Committee on Amendments to the Constitution # 1.

SR 38. By Senator Millican of the 52nd:
A Resolution proposing an amendment to enlarge and chang~:> the power of the General Assembly in relation to the system of administration of taxation and public revenue in Fulton County, and for other purposes. Referred to the Committee on Amendment to the Constitution #2.

By unanimous consent, the following Resolution of thE~ House was recommitted to the Committee on Amendments to the Constitution # 2.
HR 99-476a. By Mr. McKelvey of Polk:
A Resolution proposing an amendment to the Constitution to provide for thE~ election of a county school superintendent of Polk County by the qualified voters of the county instead of by the county board of education, and for other purposes.

WEDNESDAY, FEBRUARY 7, 1951

559

By unanimous consent, the following Bill of the Senate was recommitted to the Committe:e on Game and Fish.

SB 29. By Senators Harden of the 45th, Pittman of the 53rd and Dunn of the 8th:
A Bill to be entitled an Act to amend an Act which now makes it a misdemeanor to use dynamite dr other explosive:s or d-estructive substances for the purpose of killing fish, and for other purposes.

Under the provisions of HR 53-271b providing for a Committee to investigate the split dove season in Georgia, the Speaker appointed as a Committee on the part of the House, the following m:em:bers of the House, to-wit:
Messrs. Matthews of Clarke, Dally of Morgan, Campbell of Oconee, Brooks of Oglethorpe, and Hall of Floyd:

By unanimous consent, the following Bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the Committee:
HB 325. By Messrs. Smith of Garron, Bennett of Barrow and Pittard of Clarke:
A Bill, to be entitled an Act to authorize the. Governor to take possession of the plant, equipment, andjor f;J.cility of ;1ny public utility for the use and operation by the State of G,(lorgia, in case of a strike, etc., and for other purpose:s.

By unanimous consent, a true engrossed. copy was established for the following bill of the House, the original engrossed copy of which was lost or misplaced in the Senate:
HB 129. By Mr. Jolly of Franklin:
A Bill to be entitled an Act to amend an Act to abolish the office of the Tax Receiver and Tax Collector of Franklin County, and for other purposes.

The following Bill of the House was taken up for the purpose of considering

the Senate amendment thereto:



HB 78. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to amend an Act, relating to the incorporation of banks and to the examination and investigation by the Superintendent of Banks of application for bank charter, and for. other purposes.

The following Senate amendments to HB 78, were read:
# 1 Amendment to HB 78 .
to change Section (a) of page 2 of HB 78 to read as follows:

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(a) That the public need and advantage will be promoted by the establishment of the proposed bank or trust company:
# 2 Amendment to HB 78:
Senator________________________________________of the----------------------------District moves to amend HB 78 as follows:
"By inserting the following immediately after sub-paragraph "G" and before the words "the Superintendent of Banks" Section 2.
By inserting a new paragraph immediately after sub-paragraph 2 "G" to read as follows:
The foregoing amendment shall not be applicable to banks or trust companies which have herGtofore received a charter from the Secretary of ::;tate, and such chartered banks or trust companies may exercise all the powers granted by their respective chartl;rs.
#3 Amendment to HB 78:
By striking last paragraph of Sec. 1, subsection (G) and insert in lieu thereof the following:
If the application for a charter is approved by the Superintendent of Banks, the Secretary of State may grant or issue a charter accordingly, but not otherwise. Whenever the Superintendent shall have, by his refusal to approve charter application, acted so unreasonably, arbitrarily, or capriciously to have abused his discretion or otherwise acted unlawfully, the aggrieved applicant shall have a right of action in the Superior Court to have the Superintendent's action set asidE;.

Mr. Twitty of Mitchell moved that the House agree to Senate amendments Nos. 1 and 2 and disagree to Senate amendment No. 3.
On the motion, the ayes were 105, nays 0.
Senate amendments Nos. 1 and 2, were agreed to and Senate amendment No. 3 disagreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 5. By Messrs. Hand and Twitty of Mitchell, Gardner of Dougherty, Campbell of Oconee, Ray of Warren, Key of Jasper and Lewis of Hancock:
A Bill to be entitled an Act to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies, and for other purposes.
The following Senate amendment to HB 5, was read:
Senators Williams of the 19th, Millican of the 52nd and others move to amend HB 5, Section 12, Line 16 and 17:
By striking the figure 10 o/o in line 17 and inserting 5%.
By striking the figure 3% in line 16 and insert 6%.
Mr. Twitty of Mitchell moved that the House disagree to the Senate amendment.

WEDNESDAY, FEBRUARY 7, 1951

561

On the motion, the ayes were 111, nays 0. The Senate amendment was disagreed to.

Mr. Hall of Toombs moved that the following bill of the House be recommitted to the Committee on Game and Fish for the purpose of a public hearing:

HB 438. By Mr. Matthews of Clarke:
A Bill to be entitled an Act to amend an Act to abolish the Division of Wild Life, the Department of Natural Resources, and for othe:r purposes.
On the motion, the ayes were 75, nays 44.
The motion prevailed, and the bill was recommittE:d.

Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 19. By Messrs. Overby of Hall, Abne:y of Walker, Langdale of Lowndes, Abney of Catoosa, Jones of Lumpkin, Covington of Floyd, Twitty of Mitchell, Tamplin of Morgan and others:

A Bill to be entitled an Act regulating traffic on streets and highways; to effect a complete revision of all and singular thE: laws of this State, and for other purposes.

Mr. Mims of Miller moved that the bill be postponed indefinitely.

On the motion, 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 Messrs.:

Aycock Ball Barber of Colquitt
Best Boone Burgamy Burkett Callier Carr Clary Clay Cranford Dews
Fears
Flynt Green of Cherokee Green of Irwin Griffith Groover

Hadden Harris Jackson Kelley Kennedy Kitchens
Little Lovett McGee Mims Mishoe Murphy Nelson
Neville
Newman Ramsey Raulerson Register Rowland

Smith of Bryan Sumner Tarbutton Terry Tillman Tippens Trapnell Vandiver Vickers Waldrop Walker of Telfair Warren Weems White
Whitworth Wooten Wright

56'2

JOURNAL OF THE HOUSE,

Those voting in the ntgative were Messrs.:

Abney of Catoosa
Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson
Barber of Jackson Bargeron
Barrett Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Biggers Birdsong Black Boggus Bolton Brannen Brantley Britton Brooks Byrd Campbell of Oconee Campbell of Walker Cates Claxton Cornelius Covington Dally De en Dicus Dorsey Durden Durham

Edenfield Freeman Gardner Garrard Gillis Graham Green of Rabun Greene of Crisp Greer Hall of Floyd Hall of Toombs Harrell Hawkins Henderson Herrin Hilton Holley Hollis Hopkins Jolly Jones of Bartow Jordan Kemp Key Kidd King Knight Lam Langdale Lanier Leach McCracken McGarity McKelvey McWhorter Mackay Mangum

Matthews Mull Murr Musgrove Nightingale Otwell Overby Owens Parker Pickard Pittard Ray Robertson of Coweta Robertson of Dawson Rogers Rollins Scott Scoggin Sivell Smiley M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Tamplin Tarpley Tumlin Turk Twitty Wheeler Wiggins
Wi1Jiams of Cobb Williams of Houston Willingham Willis Wood

Those not voting were Messrs.: Battles, Brazeal, Clark, Coffin, Coogle, Deason, Denton, Duncan, Gary, Gowen, Guthrie, Hale, Harper, Hood, Huddleston, Jessup, Johnson of Hall, Johnston, Jones of Lumpkin, Lavender, Lewis of Greene, Lewis of Hancock, Page, Peacock, Pickett, Risner, Sheffield, Short, Simmons, Smith of Carroll, Smith of Emanuel, Stanton, Stocks, Todd, Ursrey, Walker of Crawford, Wilkes, Wilkinson, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the motion to postpone indtfinitely, the ayes were 55, nays 111.
The motion was lost.
Mr. Smith of Bryan moved that the bill be recommitted.
On the motion, Mr. Overby of Hall moved the ayes and nays and the call was sustained.

WEDNESDAY, FEBRUARY 7, 1951

563

On the motion to recommit, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs. :

Abney of Catoosa Aycock Ball Barber of Colquitt Battles Beasley BEOst Birdsong Black Bolton Boone Brannen Britton Burgamy Burkett Callier Campbell of Walker Carr Clay Coogle Cranford Dews Fears Flynt

Gary Green of Cherokee GrEOen of Irwin Griffith Groover Hadden Hale Harris Huddleston Jackson Jones of Bartow Kelley Kemp King Kitchens Knight Little Lovett McGee Mims Murphy Nelson Newman Page

Ramsey RaulEOrson Register Rowland Smith of Bryan Smith of Carroll Stocks Tarbutton Tillman Tippens Turk Vandiver Vickers Waldrop Warren Weem3 White Whitworth Wiggins Willis Wood Wooten Wright

Those voting in the negative were Messrs.:

Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Barber of Jackson Bargeron Barrett Baugman Btll of DeKalb Bell of Richmond Bentley Biggers Boggus Brantley Brooks Byrd
Campbell of Oconee Cates Clark Claxton
Cornelius Covington Dally Deen

Dicus Dorsey Duncan Durden Edenfield Gardner Garrard Gillis Graham GrEOen of Rabun Greene of Crisp Greer Hall of Floyd Hall of Toombs Harrell Hawkins Henderson Herrin Hilton Holley
Hollis
Hood Hopkins Jolly Jordan

Key Kidd Lam Langdale Lanier Leach McCracken McGarity McKelvey McWhortEOr Mackay Mangum
Matthews Mull Murr Musgrove Nightingale Otwell Overby
Owens Pickard Ray Risner Robertson of Coweta Robertson of Dawson

56'4

JOURNAL OF THE HOUSE,

Rogers Rollins Scott Scoggins
Short Sivell

Smiley M. M. Smith of Fultor Hoke Smith of Fulton Sttphens of Towns Stewart Tamplin

Tarpley Todd Tumlin Twitty Williams of Cobb Williams of Houston

Those not voting were Messrs.: Bennett, Brazeal, Clary, Coffin, Deason, Denton, Durham, Freeman, Gowen, Guthrie, Harper, Jessup, Johnson of Hall, Johnston, Jones of Lumpkin, Kennedy, Lavender, Ltwis of Greene, Lewis of Hancock, Mishoe, Neville, Parker, Peacock, Pickett, Pittard, Sheffield, Simmons, Smith of Emanuel, Stanton, Stevens of Marion, Sumner, Terry, Trapnell, Ursrey, Walker of Crawford, Walker of Telfair, Wheeler, Wilkes, Wilkinson, Willingham, and Mr. Speaker.

By unanimous consent, verification of the roll call was dispensed with. On the motion to recommit, the ayes were 71, nays 93. The motion was lost. Mr. Jackson of Jones moved that further consideration of the bill be postponed until January 15, 1952. On the motion, the ayes were 55, nays 65. The motion was lost. Mr. Twitty of Mitchell moved that the Housf: recess until 1 :30 o'clock, P.M., this afternoon and the motion prevailed. The Speaker announced the House recessed until 1:30 o'clock, P. M., this afternoon.
AFTERNOON SESSION The Speaker called tht House to order. Further consideration of HB 19, was resumed. An amendment offered by Mr. Owens of Tift was read and lost.
. An amendment offtred by Mr. Wood of Bibb was read and lost.
An amendment offered by Mr. Jones of Bartow was read and lost. An amendment offered by Mr. Carr of Whitfield was read and lost. The following amendments to HB 19, were read and adopted:
Amendments to HB 19:
Overby of Hall moves to amend HB 19, as follows:
Section 29-Subsection (a) line 3 is amended by changing the word "this" after the word "under" to "their".
M. Smith of Fulton moves to amend HB 19 by striking out Sub-section 11-B of Section 29 be deleted.
Mr. Freeman of Monroe:

WEDNESDAY, FEBRUARY 7, 1951

565

Moves to amend HB 19 by striking subsection (b) of Section 40 in its entirety, and substituting therefor the following sub-section (b) of Section 40:
"Any person failing to stop or to comply with said requirements under such circumstances shall upon conviction be punished as for a misdemeanor."
Mr. Johnson of Hall County, moves to amend HB 19 as follows:
In Section 46 of said bill by striking the figures "$25" and substituting in lieu th6reof the figures "$50.00".
Mr. Fears of Butts:
Moves to amend HB 19 by striking Section 46 and 47 from this Bill.
Mr. Hale of Dade:
Moves to strike Section 48 of HB 19.
Mr. Carr of Whitfield:
Moves to amend HB 19 by striking section 50 from this bill.
Mr. Smith of Bryan:
Mov6s to amend HB 19, Section 2, Paragraph, (E) after the word, Corporations, Licensed Medical Doctors.
Mr. Freeman of Monroe:
Moves to amend HB 19 by striking from the end of sub-section (a) Section 54, Article V, the following words: "to be in actual physical control of any vehicle, or to be behind the steering wheel in the driver's seat in any vehicle."
Overby of Hall moves to amend HB 19, as follows:
Section 54, sub-section (b) is amended by adding at the end thereof the following words: "provided, however, that the failure of such arrested person to demand a blood test or to consent to a blood test shall not be admitted in evidence in the trial of such person".
Mr. Gardner of Dougherty moves to amend HB 19 Article V Section 54 (b) 4 by striking after word confinement "and also that the arrested person shall pay for the actual cost of such test." And by adding in lieu of comma after the word confinement.
Bolton of Spalding moves to amend HB 19 by ins6rting a semi-colon in the place of a period at the end of sub-paragraph "c", paragraph 5, Article V, and adding the following words:
"It shall be the duty of the arresting officer, if it shall become necessary to incarcerate a person suspected of violating the provisions of this section, to summon as soon as possible a qualified physician or doctor to examine the party so apprehended. The expense of such examination shall be added to th:' court costs as in other criminal cases." The Committee on Motor Vehicles moves to amend HB 19 as follows:
By striking sub-section 5 (d) of Article V Section 54 in its entirety and substituting in lieu thereof the following:

JOURNAL OF THE HOUSE,
"Every person who is convicted of a violation of this section shall be punished by imprisonment for not less than 10 days nor more than 1 year, or by fine of not less than $50.00 nor more than $200.00 or by both such fine and imprisonment. On a third or subsequent conviction he shall be punished by imprisonment for not less than 90 days nor more than 1 year, and, in the discretion of the court, a fine of not more than $1,000.00.
The Department may suspend or revoke the operator's or chauffeur's license of any person convicted under this section."
Mr. Campbell of Oconee County:
Moves to amend HB 19 by adding at the end of the first paragraph of Sub-section 5 (d) Article V, Section 54 the following language:
"And upon a third or subsequent conviction his drivers license shall be revoked for two years."
Mr. Freeman of Monroe:
Moves to amend HB 19 by striking therefrom Sub-section (b) 3 of Section 56, Article VI, reading as follows:
"Trucks are limited to a maximum speed of 45 miles per hour." And substituting therefor the following words:
"Where the total gross combined weight of motor vehicles and load in pounds in less than 10,000 pounds the maximum speed shall not exceed 55 miles per hour; where the total gross combined weight of motor vehicles and load in pounds is between 10,000 and 16,000 pounds the maximum speed shall not exceed 40 miles per hour; where the total gross combined weight of motor vehicle and load exceeds 16,000 pounds, the maximum speed shall not exceed 30 miles per hour."
Mr. Freeman of Monroe:
Moves to amend HB 19 by striking from Section 57 of Article VI, the words: "or less."
Mr. Carr of Whitfield:
Moves to amend HB 19 by striking Sub-section (B) of Section 58 of this bill.
On motion of Overby of Hall, HB 19 is amended in the following manner:
By striking out paragraph (b) of Section 62 in its entirety.
Mr. Adams of Evans:
Amendment to Section 72 (b) of HB 19 specifying distances between motor trucks following motor trucks on open road.
Section 72 (b) of HB 19 is amended by deleting the following words:
"whenever conditions permit leave sufficient"; and substituting therefor the following words: "leave not less than Two Hundred (200) feet of open space"; so that after Amendment, Section 72 (b) shall read in full as follows:

WEDNESDAY, FEBRUARY 7, 1951

567

(b) The driver of any motortruck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residential district and which is following another motor truck or motor vehicle drawing another vehicle shall leave not less than Two Hundred (200) feet of open space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
Clark of Decatur County moves to amend HB 19, by changing the "period" at the end of the first sentence in Section 89 (a), of said HB 19 to a "semi-colon" and adding thereafter the following language:
"Provided, however, that this section shall not apply to roadways in areas where there are no cross-walks nor intersections at which pedestrians may cross the roadway, but that on such roadways in such areas pedestrians crossing the roadway shall have equal rights with vehicles on the roltdway."
Mr. Aycock of Jenkins:
Moves to amend HB 19 by striking therefrom Section 74 of this Bill.
Harry E. Williams:
Moves to amend HB 19 by: adding another section to Article XIV; Section 114 to be known as No. 15. "It shall be unlawful for any person to stop or park any automobile, automobile truck, tractor, trailer, or other motor vehicle, or horse-drawn vehicle on or along any Stateaid road or highway, unless such vehicle be placed so that it is at least eight feet reinoved from the center line of such State-aid road or highway; and such vehicle shall be so parked that no portion thereof shall be within eight feet of the center line of such State-aid road or highway".

AN AMENDMENT
Mr. Clark of Decatur County, moves to amend HB 19 by changing the "period" at the end of the first sentence in Section 158 (a) to a "comma" and adding thereafter the following language: "except that this section shall not apply to farm tractors."
Mr. Covington of Floyd, asks unanimous consent to amend HB 19 in the following respect:
By striking therefrom the last sentence in Section 167 (b)
By striking therefrom sub-section (b) and (c) of Section 168.
Mr. Covington of Floyd, asks unanimous consent to amend HB 19 by striking therefrom Section 170 and substituting in lieu thereof the following:
Section 170-Inspection of Motor Vehicles-(a) For the purpose of making inspections and issuing official certificates of inspection and approval as provided herein the Director shall establish, maintain and operate such permanent or temporary stations of the Department and shall provide and maintain such equipment either stationary or movable as he may deem necessary and suitable for the purposes and shall pub-

56'8

JOURNAL OF THE HOUSE,

licize the location of all stations or other places where and the times when official certificates of inspection and approval may be obtained.
(b) The Director shall purchase such equipment as shall be deemed by him necessary for the purpose of carrying out the provisions of this Act.
(c) The Director shall require every motor vehicle to be inspected by his Department once a year, at such time and place as shall be designated by him, with regard to the mechanism, brakes and equipment of such vehicle controlling or affecting the safety of the operation thereof.
(d) The Director shall furnish to his designated examiners official certificates of inspection serially numbered and which shall bear the fac-similie signature of the Director and date of inspection. Such official certificates of inspection shall be pasted upon the windshields of the motor vehicle, or where no windshield, in a prominent place on said vehicle.
(e) The Director shall make a charge of $1.00 for each vehicle examined and such charges shall be forwarded to the office of the Director.
(f) No motor vehicle shall be operated upon the highways of Georgia after the time set by the Director for its inspection, unless such vehicle has been inspected in accordance with the requirements of this Act.
Mr. Campbell of Oconee moves to amend HB 19 by:
Striking Section 179: "Gross Weight of Vehicles and Loads" in its entirety and substituting in lieu thereof a new Section 179 to read as follows:
"Gross Weight of Vehicles and Loads-Gross weight of vehicles shall be determined subject to the formula now in the Georgia Laws." Provided, however, that the gross weight of the vehicle and the load shall not exceed 56,000 pounds subject to the 10 o/o tolerance allowance as provided in Section 181-H.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., tomorrow morning and the motion prevailed.

Leaves of absence were granted to Messrs. McGarity of Henry and Sheffield of Brooks.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., tomorrow morning and HB 19 went over as unfinished business.

THURSDAY, FEBRUARY 8, 1951

569

Representative Hall, Atlanta, Georgia. February 8, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. G. C. King, Pastor, Darien Methodist Church, Darien, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following bill of the House was withdrawn, read the second time and recommitted to the Committee on Special Judiciary:
HB 82. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court in the Atlanta Judicial Circuit as applied to the office of Solicitor General, etc., and for other purposes.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
HB 231. By Messrs. McWhorter, Mackay and Bell of DeKalb and Mr. Smith of Fulton:
A bill to amend an Act by providing that in all counties of this state having a population of more than 130,000, it shall not be necessary for the Clerk of the Superior Court to keep duplicate issue and motion dockets for the use of the bar; and for other purposes.
HB 242. By Messrs. Dicus, Pickard and Hollis of Muscogee:
A bill to amend an Act to create the Board of Commissioners of Roads and Revenues of the County of Muscogee; and for other purposes.
HB 243. By Messrs. Dicus, Pickard and Hollis of Muscogee: A bill to amend an Act creating a Municipal Court of Columbus; and for other purposes.

570

JOURNAL OF THE HOUSE,

HB 244. By Messrs. Dicus, Pickard and Hollis of Muscogee:
A bill to amend an Act establishing a City Court in Columbus, Georgia; and for other purposes.

HB 245. By Messrs. Dicus, Pickard and Hollis of Muscogee:
A bill to amend an Act establishing a City Court in Columbus, Ga.; and for other purposes.

HB 333. By Mr. Wiggins of Stephens:
A bill to amend an Act to incorporate the City of Toccoa; and for other purposes.

HB 334. By Mr. Wilkinson of Long:
A bill to provide that the Ordinary of Long County shall receive $50.00 per month in addition to fees; and for other purposes.

HB 335. By Mr. Wilkinson of Long:
A bill to amend an Act which Act created the City Court of Ludowici; and for other purposes.

HB 336. By Mr. Wilkinson of Long:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Long; and for other purposes.

HB 338. By Messrs. Johnston and Sumner of Worth:
A bill to amend an Act to create a new charter for the City of Sylvester; and for other purposes.

HB 340. By Mr. Adams of Evans:
A bill to amend an Act creating the office of Tax Commissioner of Evans County; and for other purposes.
HB 341. By Mr. Adams of Evans:
A bill to amend an Act establishing the City Court of Claxton; and for other purposes.

HB 344. By Messrs. Scott and Willis of Thomas:
A bill to amend an Act entitled "An Act to amend the Charter of the City of Thomasville"; and for other purposes.

HB 345. By Messrs. Langdale and Register of Lowndes: A bill to incorporate the Town of Remerton; and for other purposes.

HB 362. By Messrs. Duncan and Smith of Carroll: A bill establishing a new charter for the City of Carrollton; so as to

THURSDAY, FEBRUARY 8, 1951

571

provide for the rate of taxation for school purposes; and for other purposes.
HB 365. By Messrs. Smith and Duncan of Carroll: A bill to amend an Act entitled "Carrollton Ad Valorem Tax Rate", and for other purposes.
HB 368. By Messrs. Johnson and Overby of Hall: A bill to amend an Act relating to the charter of the City of Gainesville; and for other purposes.
HB 370. By Messrs. Bell, Holley and Graham of Richmond: A bill to establish the salaries of City Court Judges in counties of not less 108,000 and more than 112,000; and for other purposes.
HB 373. By Messrs. Bell, Holley and Graham of Richmond: A bill to establish the salary of the Judge and Solicitor of the City Court of Augusta; and for other purposes.
HB 375. By Messrs. Alverson, H. Smith and M. Smith of Fulton: A bill to authorize certain cities to contract with the counties of 300,000 or more in which they are located for the operation of schools with an area of such county to be annexed to such city; and for other purposes.
HB 377. By Messrs. Bolton and Harper of Spalding: A bill to repeal an Act authorizing the Commissioners of Roads and Revenues of Spalding County; to create and establish restricted zones or districts ; and for other purposes.
HB 385. By Messrs. Gowen and Nightingale of Glynn: A bill to fix the salary of the Tax Commissioner of Glynn County; and for other purposes.

HB 388. By Mr. Kitchens of Twiggs:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Twiggs; and for other purposes.

HB 389. By Mr. Coogle of Macon:
A bill to provide that the tax receiver in counties having a population of not less than 14,100 or more than 14,200, shall be paid from ad valorem school tax collected; and for other purposes.

HB 391. By Mr. Murphy of Haralson:
A bill to amend an Act by providing that in counties having a population of not less than 14,645 and not more than 14,780, the amount

572

JOURNAL OF THE HOUSE,

of compensation payable to the members of county boards of education shall not exceed $7.50 per diem for each days actual service; and for other purposes.

HB 392. By Messrs. Kemp of Clayton and Weems of Chattooga:
A bill requiring all candidates for the General Assembly in counties having a population between 21,150 and 21,300 to designate and qualify for the seats in the 'General Assembly from all such counties and to name their incumbent and opponents; and for other purposes.

HB 393. By Mr. Gary of Quitman:
A bill to amend an Act to provide for the compensation of the Treasurer of Quitman County; and for other purposes.

HB 394. By Messrs. Sumner and Johnston of Worth:
A bill to amend an Act to create and establish a Board of Commissioners of Roads and Revenues of Worth County; and for other purposes.

HB 95. By Messrs. Overby of Hall, Bennett of Barrow, Duncan of Carroll, Matthews of Clarke, Johnson of Hall, Mull of Fanning and Pickett of Pickens:
A bill to reorganize the Military Forces of this State, to conform the organization and discipline to the requirements of the United States; and for other purposes.

HB 98. By Messrs. Overby of Hall, Lewis of Hancock; and others:
A bill to create a Bill Drafting Unit as a part of the State Department of Law; and for other purposes.

HB 115. By Messrs. Rollins and Biggers of Meriwether and Smith of Fulton:
A bill relating to the practice of physical therapy by registered physical therapists and others; and for other purposes.

HB 249. By Messrs. Twitty and Hand of Mitchell:
A bill to amend an Act entitled "Housing Cooperation Law", to provide for agreements of state public bodies to inure to the benefit of a public body holding title to or possession of a project; and for other purposes.

HB 250. By Messrs. Twitty and Hand of Mitchell:
A bill to amend an Act entitled "Housing Authorities Law", to provide no housing authority shall operate in an area without the consent of any authority already operating in such, and for other purposes.

HB 253. By Messrs. Twitty and Hand of Mitchell: A bill to validate and declare legal the creation and establishment of

THURSDAY, FEBRUARY 8, 1951

573

housing authorities, all bonds, notes, contracts, agreements, obligations and undertakings of said housing authorities; and for other purposes.

SB 159. By Senator Millican of the 52nd:
A bill to amend the Fulton County Employee Pension Code by providing for transfer of employees from county to city, and from city to county; providing for rights and benefits in pension laws as a result of transfer; and for other purposes.

SB 160. By Senator Millican of the 52nd:
A bill to fix the salary of the Treasurer of Fulton County at $6000 per annum, or such additional sum as may be provided by the Board of Commissioners or other governing authority of Fulton County; and for other purposes.

SB 161. By Senator Millican of the 52nd:
A bill to provide for security of pension rights of retired school employees of Fulton County; to require the levy of a tax to pay such pensions, in the event 20 o/o or more of the employees of the Board of Education of Fulton County are transferred to one or more municipalities; and for other purposes.

SB 162. By Senator Millican of the 52nd:

A bill to require separate precincts in all elections for each group of

5,000 registered voters in all militia districts and wards in cities which

are located in whole or in part in counties having a population of

300,000 or more; and for other purposes.



SB 163. By Senator Millican of the 52nd:
A bill to provide for voting by mail in counties and cities having a population of 300,000 or more; to require a precinct at the court house in county elections and a precinct at the city hall in city elections; and for other purposes.
SB 164. By Senator Trotter of the 37th:
A bill to authorize the Board of Commissioners of Troup County to establish rules and regulations governing payment of pensions to county employees; and for other purposes.
SB 171. By Senator Willingham of the 39th:
A bill to create the Acworth Lake Authority; to provide for members of the authority, their powers and duties; to provide for revenue anticipation certificates; and for other purposes.

SB 175. By Senator Willingham of the 39th:
A bill to create the "Cobb County-Marietta Water Authority", to provide for membership for the authority, their duties and powers, to provide for the issuance of revenue bonds or certificates; and for other purposes.

57 4

JOURNAL OF THE HOUSE,

SB 86. By Senators Edenfield of the 2nd, Gould of the 4th, Mavity of the 44th, and others:
A bill to provide that all law enforcement officers who are engaged in enforcing traffic regulations on streets and highways of this State shall be clothed in a uniform; and for other purposes.

SR 49. By Senator Gould of the 4th:
A resolution by the Senate, the House concurring, protesting the passage of the proposed several amendments to the Selective Service Act of 1948 which affect the National Guard.

SR 35. By Senators Connell of the 6th, Rawls of the lOth and Carlisle of the 7th:
A resolution proposing that the Congress of the United States be requested by the General Assembly of Georgia to repeal those laws which declare public welfare rolls of a confidential nature; and for other purposes.

SR 28. By Senator Wall of the 9th:
A resolution proposing an amendment to the Constitution to Article VII, Section I, Paragraph IV, by adding thereto a new sub-paragraph to exempt from all taxation all hospitals of this State, which maintain facilities for charity cases, its grounds, improvements, and equipment; and for other purposes.
SB 156. By Senator Millican of the 52nd:
A bill to amend Section 84-1702 of the Code of 1933 relating to jewelry auctions, to provide in addition to the license required therein the dealer shall obtain a license from the governing authority of any municipality wherein the auction is held or if held beyond the corporate limits, from the governing authorities of the county; and for other purposes.
SB 158. By Senator Coffin of the 12th:
A bill to encourage the growing of grapes, fruits and berries on Georgia farms; to encourage the manufacture in Georgia of wines; to permit importation of brandies for fortification of domestic wines; and for other purposes.

The Senate had read and adopted the following resolution of the House.
HR 113. By Mr. Kidd of Baldwin:
A resolution extending an invitation to the A Capella Choir of the Georgia State College for Women to give a performance before the General Assembly February 12, 1951, at eleven o'clock.

THURSDAY, FEBRUARY 8, 1951

-575

By unanimous consent, the following was established as the order of- busi~ ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 543. By Messrs. Risner of Hart, Adams of Upson, Carr of Whitfield, Fears of Butts, Clay of Bibb and Rogers of Heard:
A Bill to be entitled an Act to amend an Act relating to the compensation for injuries under the Workmen's Compensation Act, so as to provide for compensation in cases of serious facial or head disfigurement; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 544. By Mr. Lovett of Laurens:
A Bill to be entitled an Act to regulate the sale and distribution of articles manufactured by the State or any of its agencies, and for other purposes.
Referred to the Committee on State of Republic.
HB 545. By Messrs. Covington, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to authorize any county, municipality, or other subdivision of the State of Georgia, to convey, sell, exchange, otherwise dispose of, or lease, any and all real estate which may be owned by it in fee simple and which has been conveyed to it, or dedicated by it, for a public purpose, etc., and for other purposes.
Referred to the Committee on Public Property.
HB 546. By Messrs. Campbell and Abney of Walker, Scoggin of Floyd, Abney of Catoosa, Murr of Sumter and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act relating to marriage licenses and how such licenses are granted, and for other purposes.
Referred to the Committee on General Judiciary #1.

576

JOURNAL OF THE HOUSE,

HB 547. By Messrs. Byrd of Taylor, Scoggin of Floyd and Dews of Calhoun:
A Bill to be entitled an Act to amend an Act relating to the tax on motor fuel; by providing that any person entitled to a refund of tax paid on gasoline used solely for agricultural purposes shall have twelve months instead of six months to file his application for refund; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 548. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program; to provide for use of Capital Outlay fund and for other purposes.
Referred to the Committee on Education #1.

HB 549. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to aid in the prosecution of the war by authorizing housing authorities to develop or administer projects to provide housing for persons engaged in war industries and activities and to cooperate with Federal Government in making such housing available for such persons, and for other purposes.
Referred to the Committee on State of Republic.

HR 114-549a. By Mr. Overby of Hall:
A Resolution requesting the Senate and House of Representatives of the United States Congress to retain the full strength of the National Guard, and for other purposes.
Referred to the Committee on Military Affairs.

HR 115-549b. By Mr. Tillman of Appling:
A Resolution proposing an amendment so as to provide for the division of Appling County into school districts, and for other purposes.
Referred to the Committee on Amendments to the Constitution #1.

HB 550. By Mr. Tillman of Appling:
A Bill to be entitled an Act to change the time of convening the Spring Term of the Superior Court of Appling County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 551. By Mr. Tillman of Appling:
A Bill to be entitled an Act to repeal an Act to establish the City Court of Baxley, and for other purposes.
Referred to the Committee on Counties and County Matters.

THURSDAY, FEBRUARY 8, 1951

577

HB 552. By Mr. Tillman of Appling:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 553. By Messrs. Burkett and Vickers of Coffee:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues in the County of Coffee, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 554. By Messrs. Trapnell and Neville of Bulloch:
A Bill to be entitled an Act to amend the Act providing for an increase in the salary of the Tax Commissioner of Bulloch County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 555. By Messrs. Trapnell and Neville of Bulloch:
A Bill to be entitled an Act to amend an Act entitled "Clerk of Superior Court, Salary For" in counties having a population of not less than 25,675 nor more than 26,550, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 556. By Messrs. Trapnell and Neville of Bulloch:
A Bill to be entitled an Act to amend an Act to create the City Court of Statesboro, and for other purposes.
Referred to the Committee on Municipal Government.

HB 557. By Messrs. Trapnell and Neville of Bulloch:
A Bill to be entitled an Act to amend an Act which provides for the appointment of special criminal bailiffs in counties having a population of 35,000 or more by providing that such appointment shall be made in counties having a population of not less than 24,600 and not more than 24,950, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 558. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to establish the City Court of Walker County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 559. By Mr. Clary of McDuffie: A Bill to be entitled an Act to repeal an Act to amend the original

578

JOURNAL OF THE HOUSE,

Act incorporating the Town of Thomson, and for other purposes. Referred to the Committee on Municipal Government.

HB 560. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend the Charter of the City of Cairo, and for other purposes.
Referred to the Committee on Municipal Government.

HB 561. By Messrs. Callier of Talbot, Sivell of Harris, Rollins of Meriwether and others:
A Bill to be entitled an Act to repeal an Act to establish a Planning District for Meriwether, Harris and Talbot Counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 562. By Mr. Bennett of Barrow:
A Bill to be entitled an Act to provide that in any municipality of this having a population of not less than 300,000 by the 1950 Federal census, the Mayor shall be ineligible to hold office longer than four years, and for other purposes.
Referred to the Committee on Municipal Government.

HB 563. By Messrs. Covington, Scoggin and Hall of Floyd:
A Bill to be entitled an Act providing for a supplement to the annual salary now provided by law for the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 564. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act relating to additional duties of clerks of the Superior Court in counties having a population of not less than 29,700 and not more than 29,750, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 565. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in counties having a population of not less than 100,000 nor more than 110,000 certaTn elected officials, clerks, employees, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 566. By Messrs. Bell and Graham of Richmond and Tarbutton of Washington:
A Bill to be entitled an Act to amend an Act to incorporate the Augusta

THURSDAY, FEBRUARY 8, 1951

579

and Waynesboro Railroad, and for other purposes. Referred to the Committee on Railroads.

HB 567. By Mr. Simmons of Gilmer:
A Bill to be entitled an Act to amend an Act creating a County Commissioner and an Advisory Board for the County of Gilmer, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 568. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 569. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville; to prescribe the duties of the Mayor, and for other purposes.
Referred to the Committee on Municipal Government.

Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to the Constitution #1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution # 1 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:
HR 13-89d. Do Not Pass.
SB 46. Do Pass, as Amended.
HR 77-361b. Do Not Pass.
SR 22. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.

Mr. Tarbutton of Washington 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 330. Do Pass.

580

JOURNAL OF THE HOUSE,

HB 79. Do Pass, by Substitute. Respectfully submitted, Tarbutton of Washington, Chairman.

Mr. Alverson of Fulton 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 136. Do Pass. SB 123. Do Pass. SB 122. Do Pass. SB 119. Do Pass. SB 118. Do Pass, as Amended. SB 115. Do Pass. SB 114. Do Pass. SB 113. Do Pass. SB 110. Do Pass. SB 108. Do Pass. SB 107. Do Pass. SB 106. Do Pass. SB 105. Do Pass. SB 99. Do Pass. SB 117. Do Pass. SB 96. Do Pass. SB 102. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Alverson of Fulton 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 considera-

THURSDAY, FEBRUARY 8, 1951

581

tion 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 534. Do Pass. HB 524. Do Pass. HB 537. Do Pass. HB 529. Do Pass. HB 532. Do Pass. HB 523. Do Pass. SB 112. Do Pass. HB 535. Do Pass. HB 531. Do Pass. HB 526. Do Pass. HB 536. Do Pass. HB 541. Do Pass. HB 542. Do Pass. SB 153. Do Pass. HB 539. Do Pass, by Substitute. HB 527. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education #1, submitted the following report:
Mr. Speaker:
Your Committee on Education # 1 has had under consider 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 111-540a. Do Pass.
Respectfully submitted,
Duncan of Carroll,
Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education #1, submitted the following report:
Mr. Speaker:
Your Committee on Education #1 has had under consideration the follow-

582

JOURNAL OF THE HOUSE,

ing 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 510. Do Pass, by Substitute.
Respectfully submitted, Duncan of Carroll, Chairman.

Mr. Rogers of Heard County, Chairman of the Committee on General Agri-
culture # 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture #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 507. Do Pass, as Amended.
Respectfully submitted,
Rogers of Heard,
Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General
Judiciary #2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #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 68. Do Pass.
HB 266. Do Pass, by Substitute. Respectfully submitted,
Hollis of Muscogee,
Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General
Judiciary #1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #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:
SB 81. Do Pass.
SB 137. Do Pass.
HB 321. Do Pass.

THURSDAY, FEBRUARY 8, 1951

583

HB 480. Do Pass. HB 259. Do Not Pass. HB 484. Do Pass.

Respectfully submitted, Gowen of Glynn, Chairman.

Mr. Rowland of Johnson 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 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 62. Do Pass.
HB 420. Do Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.

Mr. Barber of Colquitt 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 ViceChairman, to report the same back to the House with the following recommendations:
SB 94. Do Pass, as Amended. SB 100. Do Pass. SB 93. Do Pass, as Amended. SB 111. Do Pass, as Amended. SB 132. Do Pass, as Amended. SB 126. Do Pass. SB 130. Do Pass, as Amended. SB 134. Do Pass. SB 92. Do Pass.
SB 91. Do Pass, as Amended. SB 103. Do Pass. SB 133. Do Pass, as Amended.

584

JOURNAL OF THE HOUSE,

SB 127. Do Pass. SB 116. Do Pass. SB 125. Do Pass, as Amended. SB 124. Do Pass. SB 129. Do Pass. SB 97. Do Pass. SB 128. Do Pass. SB 90. Do Pass. SB 101. Do Pass, as Amended.
Respectfully submitted, Barber of Colquitt, Vice-Chairman.

Mr. Bennett of Barrow 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:
SB 20. Do Pass, as Amended.
SB 21. Do Pass, by Substitute.
SB 22. Do Pass.
Respectfully submitted,
Bennett of Barrow,
Chairman.

Mr. Barber of Colquitt 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 has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 538. Do Pass.
HB 521. Do Pass.
Respectfully submitted,
Barber of Colquitt,
Vice-Chairman.

THURSDAY, FEBRUARY 8, 1951

585

Mr. Henderson of Atkinson 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 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,
Henderson of Atkinson,
Chairman.

Mr. Smith of Carroll 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 82. Do Pass.
HB 512. Do Pass.
HB 516. Do Pass.
Respectfully submitted,
Smith of Carroll,
Chairman.

Mr. Matthews of Clarke County, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia 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 97-444b. Do Pass.
HR 62-303b. Do Pass.
Respectfully submitted,
Matthews of Clarke,
Chairman.

By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported were read the second time:
HB 79. By Mr. Twitty of Mitchell:
A Bill to be entitled an Act to repeal an Act which provides the method

586

JOURNAL OF THE HOUSE,

for taxing the Capital Stock of Banks and Banking Associations in the hands of their shareholders, and for other purposes.
HB 265. By Messrs. Leach of Rockdale, Best of Clay and Lavender of Elbert: A Bill to be entitled an Act to amend an Act which relates to the compensation of County Superintendent of Schools, and for other purposes.
HB 266. By Messrs. Johnston and Sumner of Worth, Green of Irwin, Kennedy of Turner, Owens of Tift: A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Judge of the Superior Court, Emeritus, and for other purposes.
HB 321. By Messrs. Gowen of Glynn and Murr of Sumter:
A Bill to be entitled an Act to allow the Sheriff in certain instances to accept cash bail in misdemeanor cases, and for other purposes.

HB 330. By Mr. Smith of Fulton:
A Bill to be entitled an Act to define accounts receivable, to provide for giving notice of assignments through a recording system, and for other purposes.
HB 420. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend an Act relating to the definition of Employers fer the purpose of Workmen's Compensation Act, and for other purposes.

HB 480. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to ratify and make legal all verdicts and judgments in divorce cases bases upon petition filed less than twenty days before the appearance term, and for other purposes.

HB 484. By Messrs. Tarpley of Union, Green of Cherokee, Risner of Hart, and others:
A Bill to be entitled an Act to amend an Act regulating the sale of Malt Beverages, and for other purposes.

HB 507. By Messrs. Rogers of Heard, McGarity of Henry, Peacock of Dodge, Boggus of Ben Hill and others:
A Bill to be entitled an Act to provide for licensing of dealers and brokers of livestock, and for other purposes.

HB 510. By Messrs. Duncan of Carroll and McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act to establish a Minimum Foundation Program to more clearly define duties and authority of the State Board of Education, and for other purposes.

THURSDAY, FEBRUARY 8, 1951

587

HB 511. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to establish, maintain and conduct Boys Farm Adventure of Richmond County, and for other purposes.

HB 512. By Messrs. Robertson and Cranford of Coweta:
A Bill to be entitled an Act to amend an Act relating to granting of letters of dismission to guardians, and for other purposes.

HB 516. By Messrs. Robertson and Cranford of Coweta:
A Bill to be entitled an Act to amend an Act pertaining to the time which business may be transacted with the ordinaries of the State, and for other purposes.

HB 521. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to establish the salary of the stenographic reporter in counties of a certain population, and for other purposes.

HB 523. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act to amend an Act reducing the number of County Commissioners of Laurens County, and for other purposes.

HB 524. By Messrs. Scoggin, Covington and Hall of Floyd:
A Bill to be entitled an Act to amend an Act to establish a City Court of Floyd County, and for other purposes.

HB 526. By Mr. Stocks of Lee:
A Bill to be entitled an Act relating to the Board of Commissioners of Roads and Revenues of Lee County, and for other purposes.

HB 527. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Haralson, and for other purposes.

HB 529. By Messrs. Bentley and Williams of Cobb:
A Bill to be entitled an Act to require candidates in primary and general elections in Cobb County to name the opponent they desire to oppose, and for other purposes.

HB 531. By Mr. Hilton of Montgomery:
A Bill to be entitled an Act to provide that the Sheriff of Montgomery County shall be paid the sum of $100.00 per month, and for other purposes.

588

JOURNAL OF THE HOUSE,

HB 532. By Mr. Hilton of Montgomery:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Montgomery County, and for other purposes.

HB 534. By Messrs. Smith and Duncan of Carroll:
A Bill to be entitled an Act to create a Commissioner of Roads and Revenue for Carroll County, and for other purposes.

HB 535. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to Coroners Fees in counties of a certain population, and for other purposes.

HB 536. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to establish the salary of the Assistant Solicitor General in counties of a certain population, and for other purposes.

HB 537. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to provide for the fixing of salaries of Reporters and Bailiffs to the Superior Court Judge, in counties of a certain population, and for other purposes.

HB 538. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to abolish certain offices in the City of Augusta, and for other purposes.

HB 539. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to change from the fee system to the salary system in counties of a certain population for certain officials and employees, and for other purposes.

HB 541. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to repeal an Act to establish the City Court of Quitman, and for other purposes.

HB 542. By Messrs. McGee, Hood and Page of Chatham:
A Bill to be entitled an Act to amend an Act creating the Chatham County Pension Board, and for other purposes.

HR 62-303b. By Messrs. Britton of Whitfield, Abney of Catoosa, Bell of DeKalb, and others:
A Resolution to provide for a committee to investigate the Administration of the University System of Georgia, and for other purposes.
HR 97-444b. By Messrs. Matthews and Pittard of Clarke:
A Resolution authorizing the Speaker to appoint a Committee to investi-

THURSDAY, FEBRUARY 8, 1951

589

gate the procedure and method of admission now in effect at the Medical School at Augusta, Georgia, and for other purposes.

HR 111-540a. By Messrs. Hall, Scoggin and Covington of Floyd:
A Resolution proposing an amendment to provide for the division of Floyd County into school board districts, and for other purposes.

SB 20.

By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating the Mayor and Aldermen of the City of Savannah, and for other purposes.

SB 21.

By Senator Grayson of the 1st:
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.

SB 22.

By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act relating to Mayor and Aldermen of the City of Savannah, and for other purposes.

SB 46. By Senator Millican of the 52nd:
A Bill to be entitled an Act to propose an amendment to the Constitution to authorize an amendment be submitted only to those counties affected, and for other purposes.

SB 62. By Senators Willingham of the 39th, Pittman of the 53rd and Hawes of the 30th:
A Bill to be entitled an Act to repeal an Act relating to retirement of members of the State Board of Workmen's Compensation, etc., and for other purposes.

SB 68. By Senators Jones of the 22nd, Mallory of the 25th, Bray of the 36th, Gould of the 4th and others:
A Bill to be entitled an Act to provide for the payment of not more than $2,000.00 per annum to Solicitors-General for travel expenses, and for other purposes.

SB 81. By Senators Stephens of the 50th, Ellard of the 31st and Trotter of the 37th:

SB 90.

A Bill to be entitled an Act to provide that the Secretary of State furnish the members of the General Assembly a Commission, and for other purposes.
'
By Senator Millican of the 52nd:

A Bill to amend the charter of the City of Atlanta to provide for future extensions of the City limits, and for other purposes.

590

JOURNAL OF THE HOUSE,

SB 91.

By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta to provide for creation of the position of sanitary engineer, and for other purposes.

SB 92. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta prohibiting city from building streets in private sub-divisions, and for other purposes.

SB 93. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta amending the Police Pension Law, and for other purposes.

SB 94. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta amending Fireman Pension Law, and for other purposes.

SB 96. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for Atlanta-Fulton County joint performance committee to assist in putting the Plan of Improvement into effect, and for other purposes.

SB 97. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta to provide for paying for paving in installments, and for other purposes.

SB 99. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the general employees pension law of Atlanta, and for other purposes.

SB 100. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta, to consolidate municipal Revenue Collector and Tax Collector, and for other purposes.

SB 101. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta by levying a tax for school purposes, and for other purposes.

SB 102. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require Atlanta and Fulton County to recommend a uniform personnel plan and merit system, and for other purposes.

THURSDAY, FEBRUARY 8, 1951

591

SB 103. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Primary Laws in cities of a certain population, and for other purposes.

SB 105. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide that the County of Fulton shall contract for fire services with cities in same county, and for other purposes.

SB 106. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal the law of 1922 relating to fire protection in counties of a certain population, and for other purposes.

SB 107. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide a method of garbage disposal systems in unincorporated portions of Fulton County, and for other purposes.

SB 108. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act of 1937 relating to systems of garbage disposal in counties of a certain population, and for other purposes.

SB 110. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal the Act of 1945 establishing parks and recreation Commission in Fulton County, and for other purposes.

SB 111. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta; to provide for establishment of an Advisory Commission for parks, and for other purposes.

SB 112. By Senator Millican of the 52nd:
A Bill to be entitled an Act to limit mileage for Public Works expenditures in counties of a certain population; and for other purposes.

SB 113. By Senator Millican of the 52nd:
A Bill to be entitled an Act to prohibit counties of a certain population from repairing or maintaining roads within municipalities or any subdivision, and for other purposes.

SB 114. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require the Commissioner of Roads and Revenue of Fulton County to provide office space for use by Board of Tax Assessors of Atlanta, and for other purposes.

592

JOURNAL OF THE HOUSE,

SB 115. By Senator Millican of the 52nd:
A Bill to be entitled an Act to consolidate the offices of Tax Collector and Tax Receiver of Fulton County, and for other purposes.

SB 116. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require Tax Receiver or Collector of Fulton County to receive tax returns for City of Atlanta; and for other purposes.

SB 117. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require the Commissioner of Roads and Revenue of Fulton County to fix tax levy of County on May 1st of each year, and for other purposes.

SB 118. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for counties of a certain population assuming pension obligations of county employees, and for other purposes.

SB 119. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require County Commissioners in counties of 300,000 to specify tax levy for various purposes, and for other purposes.

SB 122. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require elections in counties of 300,000 or more to be held in public buildings to be furnished by county, and for other purposes.

SB 123. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require candidates in counties of a certain population to file record of convictions in state courts; and for other purposes.

SB 124. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act regulating primaries in cities of 200,000 or more, candidates must file record of convictions in State courts; and for other purposes.

SB 125. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to provide that salaries can only be adjusted January to March of each year; and for other p~rposes.

SB 126. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend the Charter of the City of At-

THURSDAY, FEBRUARY 8, 1951

593

lanta to make election days holidays and require the city and the Board of Education to make available public buildings for holding elections, and for other purposes.

SB 127. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta by repealing Section of the Code; make Parks Committee a chartered committee; and for other purposes.

SB 128. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta by providing for military leave for employees; and for other purposes.

SB 129. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to give the Mayor and Council authority to sell a strip of land at Maddox Park, and for other purposes.

SB 130. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to give the Mayor authority to suspend employees in classified service; and for other purposes.

SB 132. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta; to allow tax Assessors and Receivers to occupy space at Fulton County Court House; and for other purposes.

SB 133. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta to provide for the rights of public transportation companies operating in area annexed by city; and for other purposes.

SB 134. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for election of public officials in cities of a certain population; and for other purposes.

SB 136. By Senator Millican of the 52nd:
A Bill to be entitled an Act to prevent the sale, lease or transfer by counties of 300,000 of land owned or held for public park purposes, and for other purposes.

SB 137. By Senators Duncan of the 4th and Williams of the 19th:
A Bill to be entitled an Act to amend an Act relating to the petition by the administrator to the Ordinary for an order to sell land and the notice required therefor, and for other purposes.

594

JOURNAL OF THE HOUSE,

SB 153. By Senator Hagan of the 17th:
A Bill to be entitled an Act to provide for the fees of the Coroner of Screven County in connection with the holding of inquests; and for other purposes.

SR 22.

By Senator Willingham of the 39th:
A Resolution proposing an amendment to change the levy of taxes permitted on property for any one year by the General Assembly; and for other purposes.

By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:

HB 366. By Messrs. Page, Hood and McGee of Chatham:
A Bill to be entitled an Act to authorize the Mayor and Aldermen of the City of Savannah to incur an additional debt; to permit the Mayor and Aldermen of the City of Savannah to levy a tax upon all the taxable 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 310. By Messrs. Hood and Page of Chatham:
A Bill to be entitled an Act to amend an Act to create and organize Commissioners 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 18.

By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act creating the Savannah Port Authority for the Harbor and Port of Savannah by changing the name to the Savannah Distt:ict Authority, and for other purposes.

The following Committee amendment to SB 18, was read and adopted:
Amend Section 9, subsection 3, page 7, third line, by inserting after the word "purpose" the following:
" (excepting such property, liens, easements and franchises used or owned by public service corporations)."
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.

THURSDAY, FEBRUARY 8, 1951

595

The bill, having received the requisite constitutional majority, was passed, as amended.

HB 486. By Mr. Hopkins of Charlton:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Folkston, and for other purposes.
The report 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 487. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act to amend the Act creating and establishing a new charter for the City of Albany, defining the corporate limits of said city, and for other purposes.
The report of the Committees, 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 488. By Mr. Smith of Bryan:
A Bill to be entitled an Act to amend an Act incorporating the City of Pembroke, and for other purposes.
The report 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 490. By Messrs. Cornelius and McKelvey of Polk:
A Bill to be entitled an Act to amend an Act to establish 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 492. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta repealing the street tax, providing that employees transferred to the City shall not be required to reside in the City, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

596

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.

HB 497. By Messrs. Williams of Houston, Little of Peach, Walker of Crawford, Clay, Wood and Vandiver of Bibb:
A Bill to be entitled an Act to provide that the salary of each of the Judges of the Superior Courts of the Macon Circuit shall be supplemented by payments from the County Treasuries of the 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 498. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to provide for the appointment of an Assistant Solicitor of the City 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 499. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act to protect the health and the safety 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 502. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act to authorize the Commissioners of Roads and Revenues of Muscogee County to enact zoning laws, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 485. By Mr. Tarpley of Union: A Bill to be entitled an Act to amend an Act incorporating the City

THURSDAY, FEBRUARY 8, 1951

597

of Blairsville, and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 500. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled an Act to amend the Charter of the City of Columbus by extending the present corporate limits, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 403. By Messrs. Register and Langdale 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 363. By Messrs. Smith and Duncan of Carroll: A Bill to be entitled an Act to amend the charter of the City of Carrollton, and for other purposes.
The report of the Committee, which was favorable to the passage of the 6ill, 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 7. By Messrs. Cornelius and McKelvey of Polk: A Bill to be entitled an Act to amend an Act of the Code of 1933 as amended, wherein a tax over one-half of one per cent for current expenses is prohibited from being levied by 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 471. By Mr. Murphy of Haralson: A Bill to be entitled an Act to amend an Act incorporating the City

598

JOURNAL OF THE HOUSE,

of Tallapoosa, and for other purposes. The report 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 472. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Wrens, and for other purposes.
The report 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 468. By Messrs. Bell, Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 473. By Messrs. Johnson and Overby of Hall:
A Bill to be entitled an Act to amend an Act establishing a new charter for 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 123, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 407. By Mr. Denton of Paulding:
A Bill to be entitled an Act to amend an Act to create a new charter for the Town of Dallas, and for other purposes.
The report 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 428. By Mr. Aycock of Jenkins: A Bill to be entitled an Act to amend an Act creating the charter for

THURSDAY, FEBRUARY 8, 1951

599

the City of Millen, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 436. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to amend the charter of the Town of Bowdon, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 445. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to amend an Act to establish a new charter for the Town of Ringgold, and for other purposes.
The report 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 452. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act to reenact the charter of the City of Macon, and for other purposes.
The report of the Committee, which as favorable to the passage of the bill, as agreed to.
On the passage of the bill, the ayes were 128, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 453. By Messrs. Harper and Bolton of Spalding:
A Bill to be entitled an Act to amend the charter of the City of Griffin, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 454. By Mr. Adams of Brantley:
A Bill to be entitled an Act to amend an Act which creates the charter of the City of Nahunta, and for other purposes.

600

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 130, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 455. By Messrs. Edenfield and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act creating the City Court of Swainsboro, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 131, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 458. By Mr. Abney of Catoosa:
A Bill to be entitled an Act to amend the charter of the Town of Fort Oglethorpe, and for other purposes.
The report 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 466. By Mr. Guthrie of Berrien:
A Bill to be entitled an Act to place the Sheriff of Berrien County upon a salary basis in lieu of a fee basis, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 133, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 467. By Mr. Guthrie of Berrien:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Berrien county upon 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 134, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 469. By Mr. Ball of Lamar:
A Bill to be entitled an Act to amend an Act incorporating the City of Barnesville, and for other purposes.

THURSDAY, FEBRUARY 8, 1951

601

The report 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.

HB 4 74. By Messrs. Duncan and Smith of Carroll:
A Bill to be entitled an Act to repeal an Act establishing a Board of Tax Equalizers for Carroll County, and for other purposes.

The following amendment to HB 474, was read and adopted:
Messrs. Duncan and Smith of Carroll move to amend HB 474 as follows:
By striking Section No. 2 in its entirety and re-numbering the sections of the bill consecutively.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 136, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 148. By Senator Hughes of the 32nd:
A Bill to be entitled an Act to amend an Act relating to the Town of Dawsonville, and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.

SB 143. By Senator Ellard of the 31st:
A Bill to be entitled an Act to repeal an Act incorporating the Town of Porter Mills, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 138, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 141. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend the charter of the City of LaGrange, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 139, nays 0.

602

JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed.

SB 140. By Senator Trotter of the 37th:
A Bill to be entitled an Act to amend the charter of the City of LaGrange, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 140, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 64. By Senator Oliver of the 54th:
A Bill 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 bill, the ayes were 141, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 151. By Senator Duncan of the 34th: A Bill to be entitled an Act to amend the charter of the Town of Grayson, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 142, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bills and Resolutions of the Senate, were read the first time and referred to the Committees:
SB 86. By Senators Edenfield of the 2nd, Gould of the 4th, Mavity of the 44th and others:
A Bill to be entitled an Act to provide that all law enforcement officers who are engaged in enforcing traffic regulations on streets and highways of this State shall be clothed in a uniform to be approved by the Director of Public Safety, and for other purposes.
Referred to the Committee on Public Highways # 1.
SB 156. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act pertaining to conduct of Jewelry Auctions, and for other purposes.
Referred to the Committee on Commerce.

THURSDAY, FEBRUARY 8, 1951

603

SB 158. By Senator Coffin of the 12th:
A Bill to be entitled an Act to promote temperance and prosperity for Georgia; to foster and encourage the growing of grapes, fruits and berries on Georgia farms, and for other purposes.
Referred to the Committee on General Agriculture #2.

SB 159. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Fulton County Employees Pension Code by providing for transfer of employees from County to City and from City to County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 160. By Senator Millican of the 52nd:
A Bill to be entitled an Act to fix the salary of the County Treasurer of Fulton County at the sum of $6,000.00 per year, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 161. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require the assumption by Fulton County of obligations to Fulton County School employees, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 162. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require separate precincts in all elections for each group of 5,000 registered voters in counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 163. By Senator Millican of the 52nd:
A Bill to be entitled an Act applicable to the counties and cities having a population of 300,000 or more providing for voting by mail so as to require a precinct at the court house in county elections and a precinct at the City Hall in city elections, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 164. By Senator Trotter of the 37th:
A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Troup County to establish rules and regulations governing the payment of pensions to County employees; and for other purposes.
Referred to the Committee on Counties and County Matters.

604

JOURNAL OF THE HOuSE,

SB 171. By Senator Willingham of the 39th:
A Bill to be entitled an Act to create the "Acworth Lake Authority", and for other purposes.
Referred to the Committee on Public Property.

SB 175. By Senator Willingham of the 39th:
A Bill to be entitled an Act creating the "Cobb County-Marietta Water Authority", and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 28. By Senator Wall of the 9th:
A Resolution proposing an amendment so as to exempt from all taxation all hospitals of this State which maintain facilities for charity cases, its grounds, improvements and equipment and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SR 35. By Senators Connell of the 6th, Rawls of the lOth and Carlisle of the 7th:
A Resolution proposing that the Congress of the United States be requested by the General Assembly of Georgia to repeal those laws which declare public welfare rolls of a confidential nature, and for other purposes.
Referred to the Committee on State of Republic.

SR 49. By Senator Gould of the 4th:
A Resolution protesting the passage of the proposed several amendments to the Selective Service Act of 1948 which affects the National Guard, and for other purposes.
Referred to the Committee on Military Affairs.

Mr. Bennett of Barrow moved that the Senate Bills applying to Fulton County and the City of Atlanta, known as the "Improvement Plan of the City of Atlanta," be committed to the Committees on Municipal Government and Counties and County Matters for the purpose of holding a public hearing, and the motion was lost.

By unanimous consent, the following bill of the House was withdrawn, read the second time and recommitted to the Committee on Appropriations:
HB 263. By Messrs. Lovett of Laurens, Smith of Emanuel, Gowen of Glynn, Hand and Twitty of Mitchell, Greer of Lanier, and Ray of Warren:
A Bill to be entitled an Act to make General Appropriations for the maintenance and operation of the agencies of Government for the fiscal years 1951-1952, and for other purposes.

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605

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:

HB 180. By Messrs. Claxton of Camden and Gowen of Glynn:
A bill authorizing the construction by Fernandina Port Authority of toll roads in the State of Georgia; and for other purposes.

The Senate has receded from its position on Amendment 3 of the following bill of the House, to wit:
HB 78. By Mr. Twitty of Mitchell:
A bill to amend an Act, relating to the incorporation of banks and to the examination and investigation by the Superintendent of Banks of application for Bank Charter, etc.; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following bill of the House, to wit:

HB 3.

By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, and others:
A bill to amend an Act providing for the levy and collection of a tax for support of State Government education purposes, to pay the public debt; and for other purposes.

The Senate insists on its position in amending the following bill of the House, and respectfully asks a Committee of Conference be appointed:
HB 5. By Messrs. Hand and Twitty of Mitchell, Gardner of Dougherty, and others:
A bill to levy a tax on sales and use of cigars, cigarettes, little cigars, cheroots and stogies; and for other purposes.
The President has appointed on the part of the Senate:
Senators Coffin of the 12th, Williams of the 21st, and Millican of the 52nd:

The Senate has agreed to the House amendment to the following Resolution of the Senate, to wit:

SR 6.

By Senators Rawls of the lOth, Connell of the 6th, and others:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution by inserting a new paragraph in Article V, Section

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I, to be numbered IV (a), providing for the nomination of candidates for United States Senator, Governor, Lt. Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General; and for other purposes.

The Senate has passed by substitute by the requisite constitutional majority the following bills of the House to wit:
HB 233. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A bill to amend an Act creating the Municipal Court of Atlanta; to provide for the territorial jurisdiction of the Civil Court of DeKalb County; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:
HB 274. By Messrs. Graham, Holley and Bell of Richmond:
A bill to provide for compensation for Coroners and Coroner's juries in counties having a population of not less than 108,000 and more than 112,000, and for other purposes.
HB 10. By Messrs. Lewis of Hancock, Gowen of Glynn, Jackson of Jones; and others:
A bill to amend an Act entitled "Public Safety Department", so as to change and increase the salaries of all Troopers and Officers up to and including Sergeant Majors; and for other purposes.

The following bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the Committee:
HB 301. By Mr. Risner of Hart:
A Bill to be entitled an Act to pay a bonus to men and women that served in the Armed Forces of the U. S. and are residents of Georgia, and for other purposes.

By unanimous consent, the following bill of the House was withdrawn, read the second time and recommitted to Committee on Education #2.
HB 483. By Messrs. Smith of Emanuel, Ray of Warren, Twitty and Hand of Mitchell, Matthews of Clarke and Duncan of Carroll:
A Bill to be entitled an Act to amend Georgia Teachers Retirement System Act, to include other employees in the Act, and for other purposes.

The following Report of the Committee of Conference on HB 3, "Nuisance Taxes", was submitted and read:

THURSDAY, FEBRUARY 8, 1951

607

Mr. President:
Mr. Speaker:
The Committee on Conference appointed to consider differences between the House and Senate on HB 3, beg leave to make the following report:
1. That the House recede from its position and accept Senate amendments 1, 2, 3, 4, 6, 8, 10, 13 and 14.
2. That the Senate recede from its position as to amendments 5, 7 and 9. In lieu of amendment 5 that said bill be amended by striking in the fifth paragraph of the caption of said bill the following language: "paragraph 91, imposing a tax upon salary and wage buyers", and in lieu of Senate amendment 7 that the caption of the bill in the last paragraph thereof as the same appears on page 3 after the language "paragraph 110, imposing a tax upon automobile finance businesses", the following be added:
"To amend paragraph 43 of Section 2 of the aforesaid act so as to change the method of computing the tax levied on domestic and domesticated foreign corporations and to change the method of paying same as to provide that all such tax shall be paid directly to the State Revenue Commissioner where such tax has been previously paid to tax collectors in the local counties in this state."
3. That the Senate recede from its position as to amendments eleven and twelve, and that in lieu of such amendments the following new sections be added to said bill, to-wit:
Section 8. Be it further enacted by the authority aforesaid that an Act entitled, "An Act to abolish the office of County Game Warden; providing for the appointment of State Game Wardens and State Deputy Game Wardens, prescribing their powers and duties and fixing their compensation; prescribing fees for hunting licenses; prescribing the method of sale of hunting, fishing, and trapper's licenses; fixing the salary of the Game and Fish Commissioner; providing penalties for violations hereof; repealing conflicting laws; and for other purposes," approved August 14, 1931, Georgia Laws 1931, page 173, as amended by an Act approved February 25, 1949, Georgia Laws 1949, page 1577, is hereby amended by striking therefrom Section 6 of said Act, in its entirety, which Section provides fees for hunting licenses.
Section 9. Be it further enacted by the authority aforesaid that an Act entitled, "An Act to provide for the payment of a license by certain persons fishing within the State of Georgia, to prescribe penalties for the violation of this Act; and for other purposes," approved March 30, 1937, Georgia Laws 1937, page 675, as amended by an Act approved February 25, 1949, Georgia Laws 1949, page 1189, is hereby amended by striking therefrom Section 2 of said Act, in its entirety, which Section 2 relates to fishing licenses.
Section 9a. Be it further enacted by the authority aforesaid that a license authorizing a resident of this State to hunt and fish throughout this State shall be issued upon the payment of a fee of $1.25 annually. Provided, that, before any person shall be entitled to purchase a resident hunting and fishing license, he shall have been a bona fide resident of the State of Georgia for a period of six months prior to

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the date such license is applied for; Provided, further, that nothing herein shall prevent a landowner or his tenants and their families, with the landowner's consent, from hunting or fishing on his own land, or ponds or other waters, without a license. Such license shall be procured from the Director of the Game and Fish Commission. No resident of this State shall fish in any of the waters of this State, by means of any artificial bait commonly known as plugs, wooden minnows, live minnows, flies, dabblers, spinners, or any other like bait or lure whether in the county of his residence or in any other county of the State without first procuring from the Director of Game and Fish Commission the license hereinabove referred to.
No resident of this State shall fish in !).ny way or by any means in any of said waters of this State other than that of the county of his residence without first procuring from the Director of Game and Fish Commission the license hereinabove referred to. Provided, however, that no person under the age of 16 years shall be required to buy the license created under this Act. Seiners and netters shall pay one dollar and twenty-five cents ($1.25) annually, as lure fishermen. Provided, further, that no license shall be required to fish with hook and line in Spring Creek from the Miller County line on the north to the point where said creek empties into Flint River on the south, as provided by Act approved February 25, 1949, Georgia Laws, 1949, page 1361.
Respectfully submitted,
Ellison Dunn H. G. Rawls M. Edenfield
On the part of the Senate.
J. Battle Hall J. Roy McCracken George L. Smith, II
On the part of the House.

Mr. Twitty of Mitchell moved that the House adopt the Conference Committee Report.
On the motion, the ayes were 118, nays 0.
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 26. By Messrs. Hopkins of Charlton, Adams of Brantley, Key of Jasper, Edenfield of Emanuel and Garrard of Wilkes:
A Bill to be entitled an Act to regulate the making and manufacturing and selling of domestic and foreign wines and for licensing of retail and wholesale dealers and wineries, and for other purposes.
The following Senate amendment to HB 26, was read:
Senator Connell of the 6th District moves to amend HB 26 by:

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609

Striking from Paragraph (c) of Section 3 as said Section is quoted in Section 2, the words "fifty" and substituting in lieu thereof the word "twenty five", so that said Paragraph (c) of Section 3 as it is quoted in Section 2, shall now read as follows:
"(c) On foreign wines, whether fortified or not, having an alcoholic strength of more than 14% alcohol by volume--one dollar per gallon. On domestic wines whether fortified or not, having an alcoholic strength of more than 14 o/o alcohol by volume-twenty five cents per gallon."

Mr. Twitty of Mitchell moved that the House disagree to the Senate amendment and the motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 180. By Messrs. Claxton of Camden and Gowen of Glynn:
A Bill to be entitled an Act authorizing the construction by Fernandina Port Authority of toll roads in the State of Georgia, and for other purposes.
The following Senate amendment to HB 180, was read:
The Committee moves to amend HB 180 by adding a new section to be numbered section thirteen (13) and to immediately follow section 12 and to read as follows:
Section 13. The State of Georgia does hereby further covenant and agree with the holders of any revenue bonds issued by Fernandina Port Authority for the cost of the construction of said toll roads, or any part thereof, that, as long as any of said revenue bonds, or the interest thereon, are outstanding and unpaid, it will not construct, or agree to permit any political subdivision, agency or instrumentality of said State or by any other person, firm, corporation, association or body, public or private, to construct, any toll road or free road which will be competitive to said toll roads, or any part thereof, constructed by said Fernandina Port Authority pursuant to this Act in such manner as to materially and adversely impair or affect the rights and security of said holders of revenue bonds issued by said Fernandina Port Authority pursuant to this Act.
Section 13 in bill to be renumbered Sec. 14 and by numbering the last section as Section 15, and to read as follows: All laws and parts of laws in conflict with this act are hereby repealed.
Mr. Gowen of Glynn moved that the House agree to the Senate amendment. On the motion, the ayes were 114, nays 0.
The Senate amendment was agreed to.
Under the order of unfinished business, the following bill of the House was again taken up for consideration:

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HB 19. By Messrs. Overby of Hall, Abney of Walker, Langdale of Lowndes, Abney of Catoosa, Jones of Lumpkin, Covington of Floyd, Twitty of Mitchell, Tamplin of Morgan and others:
A Bill to be entitled an Act regulating traffic on streets and highways; to effect a complete revision of all and singular the laws of this State, and for other purposes.

The following amendments were read and adopted:
Amendments Adopted to HB 19.
Mr. Wood of Bibb moves to amend HB 19 by striking all of sections 51 and 52 of said bill.
Mr. Wood of Bibb moves to amend HB 19 by striking from Section 56 (b) the words "prima facie evidence that the speed is not reasonable or prudent and that it is unlawful" and substituting in lieu t!!ercof the word "unlawful".
Mr. Wood of Bibb moves to amend HB 19 by striking from Sections 56, 57 and 58 the words "prima facie speed limit/s" wherever the same may appear and substituting in lieu thereof the words "lawful speed limit/s".
Mr. Smith of Fulton: (l\1. Smith)
Moves to amend HB 19, Section 173, sub-section (b) so as amended it shall read as follows: "(b) Incorporated cities and municipalities may by ordinance permit the operation within their respective jurisdictions of any motor bus or trolley coach with a maximum outside width of not to exceed 104 inches. The term "trolley coach" means a vehicle which is propelled by electric power obtained from overhead trolley wires though not operated upon rails."
Moves to amend HB 19, Section 175, sub-section (a) so when amended it shall read as follows: "(a) No vehicle except trackless trollies or equipment or trucks used for the maintaining of overhead wire systems including any load thereon shall exceed a height of 13 feet, 6 inches."
Moves to amend HB 19, Section 175, sub-section (b) so as to read as follows: "(b) No vehicle except trackless trollies or equipment or trucks used for the maintaining of overhead wire systems including any load thereon shall exceed a length of 35 feet extreme overall dimension, inclusive of front and rear bumpers, except that a bus equipped with three axles shall not exceed an overall length, inclusive of front and rear bumpers, of 40 feet."
H. Smith of Fulton:
Moves to amend HB 19, Section 173, sub-section (c) in the following manner:
HB 19, Section 173, sub-section (c) to be amended so as to exclude the words "or trolley coach" in lines 1 and 3 of said sub-section, so as to read as amended:
"No motor bus exceeding a total outside width of 96 inches shall be operated on any highway outside of an incorporated city or munici-

THURSDAY, FEBRUARY 8, 1951

611

pality, except that any motor bus with a total outside width of not exceeding 102 inches may be operated upon any highway route or routes having traffic lane widths of not less than 12 feet in suburban areas adjacent to municipalities."
Boggus of Ben Hill :
Amendment to HB 19, removing Section 175-A in its entirety from this bill.
Hale of Dade:
Moves to amend HB 19 by striking Section 53 thereof. Battles of Decatur:
Amend by adding the following terminology at the end of Section 175 (c) : Provided, however, that the provision of this Act limiting the length of vehicle and loads shall not apply to hauling poles, piping, timbers, forestry products, or structural machinery and such other items that cannot be readily dismembered.
Overby and Hall moves to amend HB 19, as follows:
Section 177, sub-section (a) is amended by adding in line 5 after the word "machinery" the following words: "logs, lumber, timber, structural steel".
Section 180, sub-section .(a) be stricken in its entirety and a mw sub-section (a) of Section 180 be inserted in lieu thereof, to read as follows:
Section 180. Registration of vehicles according to permissible gross weight-(a) Upon the registration of any truck, truck tractor or trailer under the laws of this state or any bus for the transportation of 10 or more persons, such information shall be furnished the Director of the Department of Public Safety and the Chairman of the State Highway Board as they may require and they may make such investigation or test as necessary to enable them to determine whether such vehicle may safely be operated upon the highways in compliance with all the provisions of this act."
Section 180, sub-section (b) is amended by striking from line 7 of this Section the words "by the Director".
Turk of Banks:
Moves that Section 140 of HB 19 be stricken.
Overby and Hall moves to amend HB 19, as follows:
Section 181, sub-section (a) is amended by striking in the first line after the word "any" the word "police" and inserting in lieu thereof the word "law enforcement".
Section 181, sub-section (b) is amended by striking the word "may" in the second line after the word "officer" and substituting in lieu thereof the word "shall" ;
Section 181", sub-section (e) is amended by adding in line 4 after the word "safety" the words "or other law enforcement officers";
Section 181, sub-section (f) is amended by striking in lines 3 and

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JOURNAL OF THE HOUSE,

4 after the word "and" the words "shall upon the request of the director" and by inserting in lieu thereof the words "said departments shall";
by striking in line 6 after the word "the" the word "director" and substituting in lieu thereof the words "State Highway Board".
Overby and Hall moves to amend HB 19, as follows:
Section 183, is amended by striking in the lOth line the words "road department" and substituting in lieu thereof the words "Highway Board";
by inserting in line 12 of Section 183 after the word "trailers" the word "or";
by striking in line 28 of Section 183 the words "Road Department" and inserting in lieu thereof the words "Highway Board".
Kemp of Clayton:
Moves to amend Section 186 subsection (b) by adding at the end of said subsection the following language. "Provided however, the amount accepted as a cash money bail shall be in an amount that has previously been approved by the court having jurisdiction in such cases."
Mr. Freeman of Monroe:
Moves to amend HB 19 by striking Section 189 in its entirety.
Mr. Smith, of Carroll, m.oves to amend HB 19 by striking Section 191 and all its Sub-Sections thereunder in their entirety.
Mr. Freeman of Monroe:
Moves to amend HB 19 by striking in its entirety Section 192 of Article XX.
Mr. Carr of Whitfield:
Moves to amend HB 19 by striking section 116 from this Bill.
Nightingale of Glynn and Durden of Dougherty:
Move to amend HB 19 by adding an additional section to be properly numbered and inserted in Article XX thereof, to read as follows:
(Section 192)
"Nothing contained in this Act shall be construed as changing or interfering with any regulation or ordinance which has heretofore been or may heretofore be adopted by any municipality, regulating the running or operation of motor vehicles described in this Act; and nothing in this Act shall prevent cities and towns from regulating, by proper ordinances, traffic within the limits of such cities and towns. Nothing herein shall prevent incorporated cities and towns from requiring by ordinance that the owners of motor vehicles residing within the corporate limits of such cities and towns to register the number of State licenses with the clerk of council or other officer to be designated by such city or town, together with a brief description of such motor vehicle, and requiring the payment of a registration fee, and to provide a penalty for the violation of such ordinance: Provided, however, that

THURSDAY, FEBRUARY 8, 1951

613

no municipality shall charge a license fee (as distinguished from a registration fee) additional to that charged by the State."

Mr. Covington of Floyd, asks unanimous consent to amend HB 19 by inserting in the caption after the words in line 14 the following provisions :

"... to provide for the inspection of motor vehicles and the

charge therefor; to provide for the establishment, maintenance and

operation of inspection stations and their equipment;

"

Gowen of Glynn:

Moves to strike Section 187 in its entirety.

Mr. Jones of Bartow moved that the bill, as amended, be printed and distributed to the members of the House.

On the motion, Mr. Lovett of Laurens moved the ayes and nays and the call was sustained.

The roll was called and the vote was as follows:

Those voting in the affirmative were Messrs.:

Aycock Barber of Colquitt Best Black Bolton Boone Brannen Britton Burgamy Carr Clay Coffin Cranford Durham Fears Freeman Gary Gowen

Green of Cherokee Green of Irwin Groover Harris Henderson Huddleston Jackson Jones of Bartow Kitchens Knight Lavender Lovett McGee Murphy Musgrove Neville Newman Owens

Page Ramsey Register Rowland Smith of Bryan Stewart Sumner Tarbutton Tippens Turk Vandiver Waldrop Walker of Crawford Warren Wiggins Williams of Houston Wood

Those voting in the negative were Messrs. :

Abney of Catoosa Adams of Brantley Adams of Evans Adams of Upson Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb

Bell of Richmond Biggers Birdsong Boggus Brantley Burkett Callier Campbell of Oconee Cates Clark Clary

Claxton Covington Dally Deen Dews
Dicus Dorsey Duncan Durden Edenfield Flynt

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JOURNAL OF THE HOUSE,

Gardner Garrard Gillis Graham Green of Rabun Greene of Crisp Greer Guthrie Hadden Hall or Floyd Hall of Toombs Harrell Hawkins Herrin Hilton Holley Hollis Jessup Johnson of Hall Johnston Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key

Kidd King Lam Leach McCracken McWhorter Mackay Mangum Matthews Mishoe Mull Nelson Nightingale Otwell Overby Parker Peacock Pittard Raulerson Ray Risner Robertson of Dawson Rogers Rollins Scott Scoggin Sivell

Smiley Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Tamplin Tarpley Terry Tillman Todd Trapnell Tumlin Twitty Vickers Walker of Telfair Weems Wheeler White Whitworth Wilkes Wilkinson Williams of Cobb Willingham Willis Wright

Those not voting were Messrs. : Abney of Walker, Alverson, Ball, Bennett, Bentley, Brazeal, Brooks, Byrd, Campbell of Walker, Coogle, Cornelius, Deason, Denton, Griffith, Hale, Harper, Hood, Hopkins, Langdale, Lanier, Lewis of Greene, Lewis of Hancock, Little, McGarity, McKelvey, Mims, Murr, Pickard, Pickett, Robertson of Coweta, Sheffield, Short, Simmons, Smith of Carroll, Stanton, Stevens of Marion, Stocks, Ursrey, Wooten and Mr. Speaker.

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

On the motion, the ayes were 53, nays 112.

The motion was lost.

Mr. Gowen of Glynn moved that debate be limited to twenty (20) minutes, to each side, including the 20 minutes allowed the Chairman of the Committee reporting the bill, and the motion prevailed.

The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:

Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Barber of Jackson Bargeron
Barrett

Battles Baughman Bell of DeKalb Bell of Richmond Bennett Bentley Birdsong
Black

Bolton Brantley Britton Campbell of Oconee Cates Clark Covington Dally

THURSDAY, FEBRUARY 8, 1951

615

Dicus Dorsey Duncan Durden Durham Edenfield Flynt Freeman Gardner Garrard Gillis Graham Green of Cherokee Greene of Crisp Greer Groover Hall of Floyd Hall of Toombs Harper Harrell Herrin Hilton Holley

Hollis Jessup Johnson of Hall Jones of Lumpkin Jordan Kelley Kemp Key Kidd King Knight Lam Leach McCracken McWhorter Mackay Mangum Otwell Overby Peacock Pickard Pittard Ray

Risner Rollins Scoggin Sivell Smiley Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stanton Stevens of Marion Stocks Tamplin Tarpley Todd Trapnell Tumlin Twitty Ursrey White Whitworth Williams of Cobb Willingham Willis

Those voting in the negative were Messrs.:

Abney of Catoosa Aycock Barber of Colquitt Beasley Best Biggers Boone Brannen Burgamy Burkett Callier Campbell of Walker Carr Clary Claxton Clay Coffin
Cranford
Deen
Dews
Fears
Gary
Gowen
Green of Irwin
Green of Rabun
Griffith
Guthrie
Hadden

Hale Harris Hawkins Henderson Huddleston Jackson Johnston Jolly Jones of Bartow Kennedy Kitchens Langdale Lanier Lavende1 Lovett McGee Mull
Murphy
Murr
Musgrove
Nelson
Neville
Newman
Nightingale
Owens
Page
Ramsey
Raulerson

Register Robertson of Dawson Rogers Rowland Simmons Smith of Bryan Smith of Carroll Stephens of Towns Stewart Sumner Tarbutton Terry Tillman Tippens Turk Vandiver Vickers
Waldrop
Walker of Crawford
Walker of Telfair
Warren
Weems
Wheeler
Wiggins
Wilkes
Williams of Houston
Wood

616

JOURNAL OF THE HOUSE,

Those not voting were Messrs. : Ball, Boggus, Brazeal, Brooks, Byrd, Coogle, Cornelius, Deason, Denton, Hood, Hopkins, Lewis of Greene, Lewis of Hancock, Little, McGarity, McKelvey, Matthews, Mims, Mishoe, Parker, Pickett, Robertson of Coweta, Scott, Sheffield, Short, Wilkinson, Wooten, Wright and Mr. Speaker.

By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 93, nays 83.
The bill, having failed to receive the requisite constitutional majority, wast lost.
Mr. Smith of Emanuel gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 19.
Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:

SB 2. By Senator Rawls of the lOth, Carlisle of the 7th, Connell of the 6th, Holloway of the 13th, Pittman of the 53rd and others.
A Bill to be entitled an Act relating to establishment of a Civil Defense Agency, and for other purposes.
The report 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.

The following Resolutions of the House were read and adopted:

HR 116. By Mr. Willingham of Lincoln:
A Resolution proposing that the Director of State Parks be authorized to negotiate with the Federal Government for the leasing of property in Lincoln County for the development of a State Park, and for other purposes.

HR 117. By Messrs. Twitty of Mitchell, Durden of Dougherty, Smith of Emanuel, Overby of Hall and Edenfield of Emanuel:
A Resolution to request the State and Federal income tax departments to grant to the members of the General Assembly a 60 day extension for filing State and Federal income tax returns, and for other purposes.

HR 118. By Messrs. Pittard of Clarke, H. Smith of Fulton and Smith of Emanuel:
A Resolution to create a Georgia Navy to define the ranks therein and to provide for the commissioning of officers thereof, and for other purposes.

The following Communication from the Secretary of State was submitted and read:

THURSDAY, FEBRUARY 8, 1951

617

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 Special Election held February 7, 1951 in Newton County, Georgia, to fill the unexpired term of A. M. Campbell, Representative. Newton County, show the following results:
W. D. Ballard--------------------------------------------------Received 132 votes Charles L. (Bill) Harwell________________________________ Received 964 votes W. C. (Bill) Ivey______________________________________________ Received 1,242 votes Aubra L. Sherwood------------------------------------------Received 325 votes Robert H. Stanton, Jr. ______________________________________ Received 147 votes
as the same appears of file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of February, in the year of our Lord One Thousand Nine Hundred and Fifty-one and of the Independence of the United States of America the One Hundred and Seventy-fifth.
Ben W. Fortson, Jr., Secretary of State.
Representative-Elect W. C. (Bill) Ivey came forward to the bar of the House and was administered the oath of office by Judge J. H. Hawkins of the Supreme Court of Georgia.
Under the regular order of business, the following Resolutions and Bill of the House were taken up for consideration and read the third time:

HR 88-383d. By Mr. Bolton of Spalding:
A Resolution authorizing the Adjutant General to enter into a contract with the City of Griffin to lease certain lands for use of National Guard, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 38-189e. By Messrs. Burgamy of Sumter, Langdale and Register of Lowndes, Whitworth of Madison, Peacock of Dodge and Greene of Crisp and others:
A Resolution to provide for reimbursement to members of the General Assembly for certain expenses, and for other purposes.

The following Substitute to HR 38-189e, was read:
A RESOLUTION
To provide for reimbursement to members of the House of Representatives for certain expenses; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS no provision has been made for the reimbursement of members of the House of Representatives of funds expended for necessary incidental expenses in conenction with the proper performance of their duties:
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, that the members of the House of Representatives shall receive the sum of five ($5.00) dollars per day during the time the House of Representatives is in session for reimbursement of contingent expenses such as telephone calls, telegrams, stamps and such other incidentals as are necessary for the proper performance of their duties as members of the House of Representatives, and said amount shall be paid to each member of the House of Representatives by the State Treasurer of Georgia from the funds appropriated for the maintenance and operation of the General Assembly.
BE IT FURTHER RESOLVED that the provisions of this Resolution shall become effective as of the eighth day of January, 1951.
The Substitute was adopted.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to, by substitute.
The resolution was adopted, by substitute.

The following members of the House requested that they be recorded as voting against the adoption of the Resolution:
Messrs. Brantley of Upson, Stevens of Marion, Bennett of Barrow, Pittard of Clarke, Beasley of Mcintosh, King of Chattahoochee, Overby of Hall, Todd of Glascock, Adams of Upson, Freeman of Monroe, Kelley of Gwinnett, Johnson of Hall, Smiley of Liberty, Callier of Talbot, Williams of Houston, Duncan of Carroll, Green of Cherokee, Barber of Colquitt, Henderson of Atkinson, and Musgrove of Clinch.

The following members of the House requested that they be recorded as voting present:
Messrs. Lanier of Candler, Nightingale of Glynn, Bentley and Williams of Cobb.

HB 437. By Mr. Smith of Emanuel:
A Bill to be entitled an Act to amend an Act establishing the Minimum Foundation Program of Education in Georgia, to equalize educational opportunities throughout the State and related financial and administrative procedures, and for other purposes.
The report 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.

Mr. Twitty of Mitchell moved that the House do now adjourn until 9:00 o'clock, A. M., tomorrow morning and the motion prevailed.

THURSDAY, FEBRUARY 8, 1951

619

Leaves of absence were granted to Messrs. Scott of Thomas, Ball of Lamar, Gowen of Glynn, Abney of Catoosa and Page of Chatham.

The Speaker announced the House adjourned until 9:00 o'clock, A. M., tomorrow morning.

620

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. February 9, 1951.

The House met pursuant to adjournment at 9:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Honorable John C. Bell, Representative of Richmond County.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any bill on the General
Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 570. By Mr. McCracken of Jefferson: A Bill to be entitled an Act to prevent the spread of Hog Cholera; and for other purposes.
Referred to the Committee on General Agriculture #2.
HB 571. By Messrs. Duncan of Carroll, Barber of Jackson and Covington of Floyd:
A Bill to be entitled an Act to provide for the development and administration of vocational educational programs for this State, and for other purposes.
Referred to the Committee on Education # 1.

FRIDAY, FEBRUARY 9, 1951

621

HB 572. By Messrs. Murr of Sumter, Rogers of Heard and Ursrey of Jeff Davis:
A Bill to be entitled an Act to provide for Certified Public Weighers, and for other purposes.
Referred to the Committee on General Agriculture # 2.

HB 573. By Messrs. Langdale of Lowndes, Overby of Hall and Twitty of Mitchell:
A Bill to be entitled an Act to provide that, for income tax purposes, men and women serving in the Armed forces of the U. S. during any period of National Emergency proclaimed by the President of the United States, may deduct from their gross income for any year so much of their compensation for such services as does not exceed $1,500.00, and to exempt such compensation from any income tax; and for other purposes.
Referred to the Committee on Ways and Means.

HB 574. By Messrs. Pickett of Pickens and Overby of Hall:
A Bill to be entitled an Act to provide a remedy at law for the recovery of hospital expenses or funeral expenses in case of wrongful death; and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 575. By Messrs. Pickett of Pickens and Overby of Hall:
A Bill to be entitled an Act to provide a remedy at law for injuries to real estate of a deceased committed in his lifetime; and for other purposes.
Referred to the Committee on General Judiciary #1.

HR 119-575a. By Mr. Kidd of Baldwin:
A Resolution proposing an amendment so as to authorize the General Assembly to provide by law for the granting of scholarships to certain personnel of Milledgeville State Hospital, and for other purposes.
Referred to the Committee on Amendments to the Constitution #2.

HB 576. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Ben Hill County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 577. By Messrs. Alverson of Fulton, M. Smith of Fulton and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter

622

JOURNAL OF THE HOUSE,

for the City of East Point; to provide for improvement of the internal Government of said City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 578. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing a pension system for county policemen and firemen in counties having a population of 200,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 579. By Mr. Mangum of Columbia:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the Town of Harlem, and for other purposes.
Referred to the Committee on Municipal Government.

HB 580. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to supplement the salaries of the Judges of the Superior Court of Fulton County as paid by the State, etc., and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 581. By Messrs. Bell, Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to create a Civil Service System in DeKalb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 582. By Messrs. Bargeron and Cates of Burke:
A Bill to be entitled an Act to create a new charter for the Town of Girard, and for other purposes.
Referred to the Committee on Municipal Government.

HB 583. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin so as to describe and redefine the new corporate limits of said city, and for other purposes.
Referred to the Committee on Municipal Government.

HB 584. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to authorize closing of certain streets and alleys in the City of Cochran, and for other purposes. Referred to the Committee on Municipal Government.

FRIDAY, FEBRUARY 9, 1951

623

HB 585. By Messrs. Bargeron and Cates of Burke:
A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Burke County to supplement the salary of the Judge of the Superior Court of Augusta Circuit, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 586. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to authorize the Commissioner of Roads and Revenues of Richmond County to supplement the salary of the Judge of the Superior Court of Augusta Circuit, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 587. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to provide for the Coroner of Jenkins County to receive a salary of $800.00 per annum in lieu of fees now received; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 588. By Messrs. McWhorter, Bell and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act to provide for the use of Voting machines, for casting, registering and recording and corn~ puting ballots or votes at all elections, including primaries, in any and all counties having a population of 300,000 inhabitants or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 589. By Messrs. Matthews and Pittard of Clarke:
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 Clarke, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 590. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act to authorize the County Commissioners of the several Counties of the State of Georgia in counties having a certain population, and where there is no Board of County Commissioners, the Ordinary, to create in such counties a Board of Examiners of Stationary Engineers and Firemen, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 59l. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act so as to provide that the
Probation Officer of the Superior and City Court of Richmond County,

624

JOURNAL OF THE HOUSE,

Georgia are named as county employees and are included in the Pension Act, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 592. By Messrs. Johnson and Overby of Hall:
A Bill to be entitled an Act to amend an Act to amend the charter of the City of Gainesville; to provide for the establishment of a Civil Service Board, and for other purposes.
Referred to the Committee on Municipal Government.

HB 593. By Mr. Mishoe of Tattnall:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Glennville, and for other purposes.
Referred to the Committee on Municipal Government.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
HB 364. By Messrs. Duncan and Smith of Carroll: A bill to amend an Act creating and adopting a new charter for the Town of Temple; and for other purposes.
HB 369. By Messrs. Vandiver and Clay of Bibb: A bill to amend an Act to re-enact the charter of the City of Macon; to allow the present mayor to run for another two year term; and for other purposes.
HB 376. By Mr. Waldrop of Douglas: A bill to amend an Act incorporating the Town of Douglasville; and for other purposes.
HB 378. By Messrs. Bolton and Harper of Spalding:
A bill to fix the compensation of the Chairman and the members of the Board of Education in counties having a population not less than 28,427 and not more than 28,437; and for other purposes.
HB 379. By Messrs. Bolton and Harper of Spalding:
A bill to fix the compensation of the commissioners of roads and Revenues of Spalding County; and for other purposes.

FRIDAY, FEBRUARY 9, 1951

6'25

HB 387. By Mr. Ramsey, Sr., of Effingham:
A bill to amend an Act to create the City Court of Springfield; and for other purposes.

HB 390. By Mr. Murphy of Haralson:
A bill to amend an Act to incorporate the City of Buchanan; and for other purposes.

HB 395. By Messrs. Alverson, Smith and Smith of Fulton:
A bill to amend an Act establishing a new charter for the City of Atlanta; to provide the City of Atlanta may lease a strip of land to the Atlanta Tennis Development Fund; and for other purposes.

HB 404. By Mr. Harris of Wayne:
A bill to amend an Act establishing the City Court of Jesup; and for other purposes.

HB 409. By Messrs. Alverson, Smith and Smith of Fulton:
A bill to provide for the appraisal of real property and improvements attached thereto in Fulton County and the City of Atlanta by an independent qualified agency; and for other purposes.

HB 410. By Messrs. Alverson, Smith and Smith of Fulton:
A bill to fix the salary of the Judge of Juvenile Courts in counties having a population of 300,000 or more; to provide for its payment out of the county treasury; and for other purposes.

HB 412. By Messrs. Bell, Graham and Holley of Richmond:
A bill to amend an Act changing the classes and amounts of commissions allowed to tax receivers and tax collectors in counties having a population of not less than 108,000 and not more than 112,000 and for other purposes.

HB 414. By Messrs. Johnson and Overby of Hall:
A bill to repeal an Act relating to the payment of Coroners in counties having a certain population; and for other purposes.

HB 415. By Messrs. Alverson, Smith and Smith of Fulton:
A bill to amend an Act by providing that in counties having a population of 300,000 or more, the clerk of the Superior Court may keep certain records by microfilm or other photographic process; and for other purposes.

HR 67. By Mr. Durham of Baker:
A resolution requesting the State Librarian to furnish law books to the Ordinary of Baker County; and for other purposes.

JOURNAL OF THE HOUSE,

SB 165. By Senator Millican of the 52nd:
A bill to create the office of Director of Public Safety and the Office of Chief of Police for Fulton County; and for other purposes.

SB 166. By Senator Millican of the 52nd:
A bill to place employees and officers of the Fire Department under civil service in the City of Atlanta; and for other purposes.

SB 167. By Senator Millican of the 52nd:
A bill to provide in Fulton County a system of pension and retirement payment to teachers and employees of the Board of Education; and for other purposes.

SB 168. By Senator Millican of the 52nd:
A bill to repeal an Act approved March 23, 1937 (Ga. Laws 1937 pp. 594-604) which set up a civil service system in the Fire Department in the City of Atlanta; and for other purposes.

SB 169. By Senator Millican of the 52nd: A bill to fix the salary of the Planning Engineer and Municipal Revenue Collector and Marshall of the City of Atlanta; and for other purposes.

SB 170. By Senator Millican of the 52nd:
A bill to establish a Metropolitan Planning District for Fulton and DeKalb County; to provide a Planning Commission for said district; to define the duties and powers of said Commission; and for other purposes.

SB 179. By Senator Oliver of the 54th:
A bill authorizing the Commissioner of Roads and Revenues of Tattnall County to employ a County Attorney and fix his salary; and for other purposes.

SB 185. By Senator Williams of the 19th:
A bill to provide a salary for the Sheriff of Taliaferro County to be paid out of county funds; and for other purposes.

HB 27. By Messrs. Clary of McDuffie, Overby of Hall, Adams of Brantley, Wheeler of Seminole and Matthews of Clarke:
A bill known as the "Welfare Reorganization Act", and for other purposes.

SR 5.

By Senators Willingham of the 39th; Rawls of the lOth, Drinkard of the 29th, Mavity of the 44th, Donahoo of the 27th; and others:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution by adding to Paragraph IV of Section IX of

FRIDAY, FEBRUARY 9, 1951

627

Article VII, a new sub-paragraph to be numbered (b) to read as follows:
(b) to defray the cost of all activities incident to providing and maintaining an adequate system of public roads and bridges in this State; and for other purposes.

SB 142. A bill to confer upon Ordinaries sitting for County purposes, Boards of County Commissioners or other authority charged with the government of the given County the power to release part of the copy of County Treasurers, tax collectors, or tax commissioners, or any surety on the bond of any such officers from the lien of the State or County against the property of such officers or sureties on their bonds; and for other purposes.

Mr. Freeman of Monroe County, Chairman of the Committee on Amend-
ments to the Constitution #1, submitted the following report:
Mr. Speaker:
Your Committee on Amendments to the Constitution # 1 has had under
consideration the following Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the folloWing recommendations:
SR 32. Do Pass.
Respectfully submitted,.
Freeman of Monroe,
Chairman.

Mr. Lovett of Laurens 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 recommendations:
HB 263. Do Pass, as Amended.
Respectfully submitted,
Lovett of Laurens,
Chairman.

Mr. Alverson of Fulton 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 159. Do Pass.

628

JOURNAL OF THE HOUSE,

SB 160. SB 161. SB 162. SB 163. HB 550. HB 567. HB 551. HB 552. HB 553. HB 554. HB 555. HB 557. HB 558. HB 561. HB 565. HB 564. SB 164.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Adams of Evans County, Chairman of the Committee on Education
# 2, submitted the following report:
Mr. Speaker: Your Committee on Education #2 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 483. Do Pass.
Respectfully submitted,
Adams of Evans,
Chairman.

Mr. Leach of Rockdale County, Vice-Chairman of the Committee on General Judiciary #1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #1 has had under consideration the

FRIDAY, FEBRUARY 9, 1951

629

following Bills of the House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 546. Do Pass. HB 563. Do Pass.
Respectfully submitted, Leach of Rockdale, Vice-Chairman.

Mr. Barber of Colquitt County, Vice-Chairman of the Committee on MuniciGovernment, 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 496. Do Pass.

HB 522. Do Pass.

HB 476. Do Pass.

HB 493. Do Pass.

HB 495. Do Pass.

HB 494. Do Pass.

HB 491. Do Pass.

HB 448. Do Pass.

BB 447. Do Pass.

HB 533. Do Pass.

SB 104. Do Pass.

HB 518. HB 520. HB 519. HB 559. HB 569. HB 568. HB 556. HB 528. HB 540.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

HB 530. Do Pass.

Respectfully submitted, Barber of Colquitt, Vice-Chairman.

630

JOURNAL OF THE HOUSE,

Mr. Bennett of Barrow 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 371.
HB 560.
Respectfully submitted,
Bennett of Barrow,
Chairman.

Mr. Henderson of Atkinson 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 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:
HB 545. Do Pass.
HR l04-484a. Do Pass.
SB 47. Do Not Pass.
Respectfully submitted,
Henderson of Atkinson,
Chairm!Ul.

Mr. Henderson of Atkinson 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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 171. Do Pass.
Respectfully submitted,
Henderson of Atkinson,
Chairman.

Mr. Smiley of Liberty County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Special Appropriations has had under consideration the

FRIDAY, FEBRUARY 9, 1951

631

following Resolutions of the House and has instructed me as Chairman, to report
the same back to the House with the following recommendations: HR 109-517d. Do Pass. HR 96-444a. Do Pass. HR 34-189a. Do Pass. Respectfully submitted, Smiley of Liberty, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic 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 recom-
mendations:
HB 416. Do Pass.
HB 517. Do Pass.
HR 98-465a. Do Pass.
SB 60. Do Pass.
Respectfully submitted,
McCracken of Jefferson,
Chairman.

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined the following Bills and Resolutions of the House and find them properly engrossed:
HB 386. HB 406. HB 470. HB 475. HR 45-207c. HB 7. HB 363. HB 403. HB 428.

632
HB 436. HB 445. HB 452. HB 453. HB 454. HB 455. HB 458. HB 466. HB 467. HB 468. HB 471. HB 472. HB 473. HB 474. HB 486. HB 487. HB 490. HB 492. HB 498. HB 499.

JOURNAL OF THE HOUSE,
Respectfully submitted, Green of Rabun, Chairman.

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

HB 371. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act to amend, consolidate the several acts relating to City of Quitman, and for other }lurposes.

HB 416. By Messrs. Tarbutton of Washington, Nightingale and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act to authorize the Jekyll Island State Park Authority to enter into a contract for the building of a bridge across Jekyll Creek to be operated as a Toll Bridge, and for other purposes.

FRIDAY, FEBRUARY 9, 1951

633

HB 447. By Messrs. Alverson and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act incorporating the City of College Park, and for other purposes.

HB 448. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to repeal an Act incroporating the City of College Park, and for other purposes.

HB 476. By Mr. Alverson 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 491. By Messrs. H. Smith, M. Smith and Alverson of Fulton:
A Bill to be entitled an Act to authorize the City of Atlanta to accept cash bonds from persons charged with a violation of the ordinances, and for other purposes.

HB 493. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, and for other purposes.

HB 494. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, and for other purposes.

HB 495. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, and for other purposes.

HB 496. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, and for other purposes.

HB 517. By Messrs. Tarbutton of Washington, Gowen of Glynn and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act entitled "Jekyll Island State Park Authority Act", and for other purposes.

HB 518. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act governing the collection of costs, fines and forfeitures in the City Court of Dublin, and for other purposes.

HB 519. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act to incorporate the Town of East Dublin, and for other purposes.

634

JOURNAL OF THE HOUSE,

HB 520. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, and for other purposes.

HB 522. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to carry into effect in the City of Atlanta the provisions of an amendment establishing the Civil Court of Fulton County, and for other purposes.

HB 528. By Messrs. Cornelius and McKelvey of Polk:
A Bill to be entitled an Act to incorporate the City of Rockmart, and for other purposes.

HB 530. By Messrs. Harper and Bolton of Spalding:
A Bill to be entitled an Act to amend an Act establishing the City Court of Griffin, and for other purposes.

HB 533. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to incorporate the City of Mountain Park, and for other purposes.

HB 540. By Mr. Wiggins of Stephens:
A Bill to be entitled an Act to amend an Act incorporating the City of Toccoa, and for other purposes.

HB 545. By Messrs. Covington, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to authorize any county, municipality or other subdivision of the State to sell or lease any property for a public purpose, etc., and for other purposes.

HB 546. By Messrs. Campbell and Abney of Walker, Scoggin of Floyd, Abney of Catoosa, Murr of Sumter and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act relating to marriage licenses and how such licenses are granted, and for other purposes.

HB 550. By Mr. Tillman of Appling:
A Bill to be entitled an Act to change the time of convening the Spring Term of the Superior Court of Appling County, and for other purposes.

HB 551. By Mr. Tillman of Appling:
A Bill to be entitled an Act to repeal an Act entitled an Act to establish
the City Court of Baxley, and for other purposes.

HB 552. By Mr. Tillman of Appling: A Bill to be entitled an Act to amend an Act creating a Board of Com-

FRIDAY, FEBRUARY 9, 1951

635

missioners of Roads and Revenues for the County of Appling, and for other purposes.

HB 553. By Messrs. Burkett and Vickers of Coffee:
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 the County of Coffee, and for other purposes.

HB 554. By Messrs. Trapnell and Neville of Bulloch:
A Bill to be entitled an Act to amend an Act providing for an increase in the salary of the Tax Commissioner of Bulloch County, and for other purposes.

HB 555. By Messrs. Trapnell and Neville of Bulloch:
A Bill to be entitled an Act to amend an Act entitled "Clerk of Superior Court, Salary For" in counties of a certain population, and for other purposes.

HB 556. By Messrs. Trapnell and Neville of Bulloch:
A Bill to be entitled an Act to amend an Act to create the City Court of Statesboro, and for other purposes.

HB 557. By Messrs. Trapnell and Neville of Bulloch:
A Bill to be entitled an Act to amend an Act providing for special criminal bailiffs in counties of a certain populatjon, and for other purposes.

HB 558. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to establish the City Court of Walker County, and for other purposes.

HB 559. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to repeal an Act to amend the original Act incorporating the Town of Thomson, and for other purposes.

HB 560. By Mr. Harrell of Grady:
A Bill to be entitled an Act to amend the Charter of the City of Cairo, and for other purposes.

HB 561. By Messrs. Callier of Talbot, Sivell of Harris, Rollins of Meriwether, and others:
A Bill to be entitled an Act to repeal an Act to establish a Planning District for Meriwether, Harris and Talbot Counties, and for other purposes.

636

JOURNAL OF THE HOUSE,

HB 563. By Messrs. Covington, Scoggin and Hall of Floyd:
A Bill to be entitled an Act providing for a supplement to the annual salary of Judge of Superior Court of the Rome Judicial Circuit, and for other purposes.

HB 564. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act relating to additional duties of clerks of the Superior Court in counties of a certain population, and for other purposes.

HB 565. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in counties of a certain population, and for other purposes.

HB 567. By Mr. Simmons of Gilmer:
A Bill to be entitled an Act to amend an Act creating a County Commissioner and an Advisory Board for the County of Gilmer, and for other purposes.

HB 568. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville, and for other purposes.

HB 569. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to amend the Charter of the City of Rossville, and for other purposes.

HR 34-189a. By Messrs. Bargeron and Cates of Burke:
Resolution to compensate Sgt. B. L. Sentell for damages to his automobile, and for other purposes.

HR 96-444a. By Mr. McCracken of Jefferson:
A Resolution to compensate Dorothy Carswell for injuries sustained, and for other purposes.

HR 104-484a. By Messrs. Boone of Wilkinson, Rowland of Johnson, Denton of Paulding, and others:
A Resolution proposing the creation of a State Park to be located at or near Toomsboro, and for other purposes.

HR 109-517d. By Mr. Langdale of Lowndes:
A Resolution to compensate Fred Kirkwood, Jr., for damages to his automobile when hit by a vehicle owned by the Department of Public Safety, and for other purposes.

FRIDAY, FEBRUARY 9, 1951

637

SB 60.

By Senator Rawls of the lOth:
A Bill to be entitled an Act to require liability and indemnity insurers to pay the lost recovered by a judgment in favor of the insured in excess of the amount of policy, and for other purposes.

SB 104. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide that police services in unincorporated areas of counties of a certain population be rendered by largest municipality in county, and for other purposes.

SB 159. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend the Fulton County Employees Pension Code by providing for transfer of employees from County to City and from City to County, and for other purposes.
SB 160. By Senator Millican of the 52nd: A Bill to be entitled an Act to fix the salary of the County Treasurer of Fulton County, and for other purposes.
SB 161. By Senator Millican of the 52nd: A Bill to be entitled an Act to require the assumption by Fulton County of obligations to Fulton County School employees, and for other purposes.
SB 162. By Senator Millican of the 52nd: A Bill to be entitled an Act to require separate precincts in all elections in counties of a certain population, and for other purposes.
SB 163. By Senator Millican of the 52nd: A Bill to be entitled an Act applicable to counties of a certain population, providing for voting by mail in a precinct at the court house and city hall, and for other purposes.
SB 164. By Senator Trotter of the 37th: A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Troup County to set up rules for paying pensions, and for other purposes.
SB 171. By Senator Willingham of the 39th:
A Bill to be entitled an Act to create the Acworth Lake Authority, and for other purposes.

SR 32. By Senator Hargreaves of the 5th:
A Resolution proposing an amendment to authorize the County of Atkinson to refund its indebtedness and issue refunding bonds, and for other purposes.

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HR 98-465a. By Mr. Kidd of Baldwin:
A Resolution dissolving the Tax Revision Committee, and for other purposes.

By unanimous consent, the following Bills of the House and Senate wera taken up for consideration and read the third time:

HB 489. By Mr. Raulerson of Pierce:
A Bill to be entitled an Act to amend an Act incorporating the City of Blackshear, and for other purposes.
The report 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 531. By Mr. Hilton of Montgomery:
A Bill to be entitled an Act to provide that the Sheriff of Montgomery County shall be paid the sum of $100.00 per month in lieu of any mileage allowances, and for other purposes.
The report 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 532. By Mr. Hilton of Montgomery:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Montgomery 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 534. By Messrs. Smith and Duncan of Carroll:
A Bill to be entitled an Act to create a Commissioner of Roads and Revenues for Carroll County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 523. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act to amend an Act reducing the number of County Commissioners of Laurens County, and for other purposes.

FRIDAY, FEBRUARY 9, 1951

639

The report 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 524. By Messrs. Scoggin, Covington and Hall of Floyd:
A Bill to be entitled an Act to amend an Act to establish a City Court of Floyd 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 526. By Mr. Stocks of Lee:
A Bill to be entitled an Act relating to the Board of Commissioners of Roads and Revenues of Lee County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 529. By Messrs. Bentley and Williams of Cobb:
A Bill to be entitled an Act to require candidates in primary and general elections for members of the General Assembly in Cobb County to name the candidate they desire to oppose, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 535. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act pertaining to Coroners Fees 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 536. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to establish the salary of the Assistant Solicitor Generals in counties of a certain population, and for other purposes.

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The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 537. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to provide in counties of a certain population, the fixing of the salaries of the Court Reporter and Bailiffs to the Superior Court Judge, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 538. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to abolish the Justice Courts and the office of Justice of the Peace and Notary Public, exofficio Justice of the Peace and the Office of Constable in the City of Augusta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 541. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to repeal an Act entitled an Act to establish the City Court of Quitman, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 542. By Messrs. McGee, Hood and Page of Chatham:
A Bill to be entitled an Act to amend an Act creating the Chatham County 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 521. By Messrs. Bell, Graham and Holley of Richmond: A Bill to be entitled an Act to amend an Act to establish the salary

FRIDAY, FEBRUARY 9, 1951

641

of the stenographic reporter 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 153. By Senator Hagan of the 17th:
A Bill to be entitled an Act to provide for the fees of the Coroner of Screven County in connection with the holding of inquest and with furnishing coffin and burial expenses, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 539. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to change from the fee system to the salary system in counties of a certain population for certain elected officials, clerks and employees, and for other purposes.

The following Committee Substitute to HB 539, was read:
A BILL
To be entitled an Act to change from the fee to the salary system in certain counties in Georgia having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants under the 1950 United States census or any subsequent census, the Clerk of the Superior Court, (whether he be Clerk of the Superior Court or Exofficio Clerk of another Court or Courts); the Sheriff, the Ordinary, the Tax Collector, the Tax Receiver, the Treasurer; to make provisions regulating the carrying out of such charges; to regulate the collection and dispositions of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation of county officers, deputies, clerks, assistants and the county attorneys in such counties; to provide for the furnishing the Sheriffs in such counties with automobiles necessary for carrying on the work of his office and for the operation, upkeep and repair of the same; to provide for the necessary office expense of such officers and employees; to provide that no county official, deputy, assistant or member of the Board of Commissioners of Roads and Revenues, nor any Chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk, assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of county officers, deputies, clerks, assistants and the county treasurer and the county attorney by the treasurer of such county; and for the disbursement thereof by

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the Sheriff, Clerk, Ordinary, Tax Collector and Tax Receiver as to their respective offices; to abolish county police in such counties, except as shall be done through the Sheriff's office in such counties; to fix the compensation of the members of the Board of Roads and Revenues of such counties; to fix the salary of the County Attorney of such counties and to denominate the County Attorney as an employee of such counties within the provisions of any laws dealing with employees; to repeal conflicting laws or parts of laws; and for other purposes.

Section 1.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the provisions of this Act shall apply to all counties in the State of Georgia having, by the United States Census of 1950, a population of not less than 100,000 inhabitants or more than 110,000 inhabitants, and to all counties in the state having by any future census of the United States, a population of not less than 100,000 inhabitants or more than 110,000 inhabitants, and on the publication of said census any county not now having said population of 100,000 but by said new census having said population, such county shall immediately automatically pass under the terms of this Act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees that are paid by the State to the Tax Collector and Tax Receiver, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees as under the fee system except for the fees to be paid by the State as will be hereinafter provided.

Section 2.
Be it further enacted by the authority aforesaid that in all such counties the salaries of the following officials shall be as follows:
(a) Clerk of the Superior Court, whether ex-officio clerk of another court or not, an annual salary of $7500.00 per annum, payable in equal monthly installments.
(b) The Sheriff, an annual salary of $7500.00 per annum, payable in equal monthly installments.
(c) The Ordinary, an annual salary of $7,500.00 per annum, payable in equal monthly installments.
(d) The Tax Collector, an annual salary of $7,500.00 per annum, payable in equal monthly installments.
(e) The Tax Receiver, an annual salary of $6,250.00 per annum, payable in equal monthly installments.
(f) The County Treasurer, an annual salary of $6,250.00 per annum, payable in equal monthly installments.
Provided, nevertheless, said salaries shall be in full payment of all fees or other emoluments that shall accrue to any and all such officers that would otherwise accrue to them except for this Act, and all fees or other emoluments collected by them or either of them from the state or any public agency by virtue of their respective offices, shall be paid by them unto the treasurer of the county where such officer or officers hold office.

FRIDAY, FEBRUARY 9, 1951

643

Section 3.
Be it further enacted by the authority aforesaid, that from and after the approval of this Act the Sheriff's deputies and assistants in all such counties shall consist of the following; all of whom shall be named from time to time by the Sheriff and all and each of whom shall serve as such at the will of the Sheriff and be discharged by such Sheriff without any claim to any unearned salary or salaries; and the salaries of such deputies and assistants shall be fixed by the Sheriff from time to time, at an amount not to exceed the following:
1 Chief Deputy Sheriff ----------------------------------$366.00 per month 3 Deputy Sheriffs --------------------------------------------$337.50 per month 1 Bookkeeper & Cashier --------------------------------$242.00 per month 1 Stenographer & File Clerk --------------------------$200.00 per month 6 Deputy Sheriffs, each ----------------------------------$310.00 per month 13 Deputy Sheriffs, each ----------------------------------$281.25 per month 1 Deputy, Jailer and Finger Print Man ........$281.25 per month 1 Chief Deputy Jailer and Jail Record
Keeper ----------------------------------------------------------$253.00 per month 3 Deputy Jailers, each ------------------------------------$242.00 per month 1 Matron ----------------------------------------------------------$175.00 per month

Section 4.
Be it further enacted by the authority aforesaid, that the Sheriff in all such counties as are described in Section 1 of this Act shall be furnished for the exclusive use of his office such automobiles as may be necessary for carrying on the work of his said office, the number of said automobiles so furnished to be in the discretion of the Board of County Commissioners. The upkeep and repairs of said automobiles shall be paid for out of the county funds, and the county shall furnish all necessary gasoline, oil, and accessories for said automobiles; all in the discretion of and subject to the approval of the County Commissioners. Said automobiles are to be used in carrying on the work of the Sheriff's office.

Section 5.
Be it further enacted by the authority aforesaid, from and after the approval of this Act, the Clerk of Superior Court's Deputies and assistants, whether he be ex-officio clerk of another court or not, in all such counties, shall be as follows, and their salaries shall be fixed by the Clerk of the Superior Court from time to time, at an amount not to exceed the following:
1 Chief Deputy Clerk ----------------------------------------$281.25 per month 1 Deputy Clerk --------------------------------------------------$253.00 per month 1 Deputy Clerk --------------------------------------------------$242.00 per month 1 Minute Clerk & Part Bookkeeper ----------------$225.00 per month 1 Recording Clerk and Bookkeeper ------------------$225.00 per month 2 Filing Clerks and Bookkeeper each................$205.00 per month 3 Stenographers ------------------------------------------------$200.00 per month 5 Typists ------------------------------------------------------------$200.00 per month 1 Collector ----------------------------------------------------------$125.00 per month
All of whom shall be named from time to time by the clerk of the

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superior court and all and each of them shall serve at the will of clerk of such court and be discharged by such clerk, without any claim for any unearned salary or salaries.

Section 6.
Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the Ordinary's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the Ordinary from time to time, at an amount not to exceed the following:
1 Clerk of Court of Ordinary ............................$275.00 per month 1 Deputy Clerk-Stenographer .......................... $225.00 per month 1 Clerk-Stenographer ----------------------------------------$210.00 per month 1 Typist --------------------------------------------------------------$200.00 per month 1 Typist --------------------------------------------------------------$150.00 per month
All of whom shall be named from time to time by the Ordinary of such county and all and each of them shall serve at the will of the Ordinary and be discharged by such Ordinary, without any claim from any unearned salary or salaries.

Section 7.
Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the Tax Collector's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the Tax Collector from time to time at an amount not to exceed the following:
1 Chief Deputy Collector ..................................$300.00 per month 1 Bookkeeper and Ex-Officio Deputy
Sheriff, Deputy Clerk ------------------------------------$258.75 per month 1 Clerk and Deputy Ex-Officio Sheriff ............$225.00 per month 1 Clerk and Stenographer ................................$225.00 per month 1 Clerk and Stenographer ................................$175.00 per month All of whom shall be named from time to time by the Tax Collec-
tor of such county and all and each of them shall serve at the will of the Tax Collector and be discharged by such Tax Collector without any claim for any unearned salary or salaries.

Section 8.
Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the Tax Receiver's deputies and assistants in all such counties will be as follows and their salaries shall be fixed by the Tax Receiver from time to time at an amount not to exceed the following:
4 Clerks, each ....................................................$225.00 per month
All of whom shall be named from time to time by the Tax Receiver of such county and all and each of them shall serve at the will of the Tax Receiver and be discharged by such Tax Receiver, without any claim for any unearned salary or salaries.

FRIDAY, FEBRUARY 9, 1951

645

Section 9.
Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the salary of each member of the Board of Commissioners of Roads and Revenues in all such counties shall be $1500.00 per annum, payable in equal monthly installments.

Section 10.
Be it further enacted by the authority aforesaid, the County Treasurer in all such counties shall be entitled to no deputy or assistant, unless such deputy or assistant shall come within the meaning of Section 15 hereof, in reference to emergencies.

Section 11.
Be it further enacted by the authority aforesaid, that from and after the approval of this Act the County Attorney in all such counties shall be paid a salary of $4800.00 per annum, to be paid in twelve equal monthly installments; and such county attorney shall be construed as an employee of said county in reference to any and all laws governing employees in such counties and deductions from his pay for any county pension law now or hereafter enacted shall be deducted from his salary monthly.

Section 12.
Be it further enacted by the authority aforesaid, that in all counties described in Section 1 hereof, the necessary office expense of the officers herein named, as well as all other county officers and employees, shall, when approved by the County Board of Commissioners, or other fiscal agent of said county, be paid out of the treasury of such county monthly, and each of said officers and employees is required to furnish to the County Commissioners or other fiscal agent an itemized statement of such necessary expenses at the first regular meeting of such board or fiscal agent in each month; provided, the counties aforesaid shall only be liable for the payment of such items of expense as are approved by such Board of Commissioners, or other fiscal agent; provided, nevertheless, before any such item of expense shall be paid by the County Treasurer an itemized statement thereof shall be furnished and the same shall have been paid, same shall be deducted from any amount or amounts that may be due to the person who has collected the same. No credit shall be taken for any such items unless duly itemized and authorized by said County Commissioners or other fiscal agent.

Section 13.
Be it further enacted by the authority aforesaid, that no county official, deputy assistant and no member of the Board of County Commissioners of Roads and Revenues nor any Chairman thereof shall be paid from the county treasury any extra compensation, except legitimate expense duly authorized by said Board.

Section 14. Be it further enacted by the authority aforesaid, that there shall

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be no obligation upon the Clerk, Sheriff, Tax Receiver, Tax Collector, or the Ordinary to keep filled all of said positions in their respective offices, when, in their judgment, any such Deputy, Clerk or Assistant may be advantageously dispensed with; and such officials may from time to time fill or fail to fill any such positions.

Section 15.
Be it further enacted by the authority aforesaid, that in case of emergency arising in any of said offices, that is to say, in the office of the Clerk of the Superior Court, or of the Sheriff, or of the Ordinary, or Tax Receiver, or Tax C&llector, or County Treasurer, upon the same being called to the attention of the Board of Commissioners of Roads and Revenues of any such county by any of said officers in writing, the said Board upon a vote of a majority of such board may authorize such officer so applying to appoint such additional number of deputies, and, or clerks, as such board deems necessary; and such board shall fix their compensation; provided, nevertheless, when in the opinion of a majority of such board such emergency shall have ceased, such board may discharge or require the discharge or dismissal of any or all of such emergency appointees. All such emergency clerks or deputies shall be paid while lawfully serving as such from the county treasury in the same manner as other salaries are paid; provided, nevertheless, the Clerk of the Superior Court, the Sheriff, the Tax Collector, the Tax Receiver, or the Ordinary in any such county, or the fiscal agent of such county, may request any deputy's, clerk's, assistant's or stenographer's superior officer working under one office to be transferred from one office to another at such time or times as said superior officer may deem the service of such deputy, clerk, assistant, or stenographer to be unnecessary in his office from where removed, and during such time that such deputy, clerk, assistant or stenographer may be working elsewhere under such orders, his or her position shall not be filled in the office from where removed, and as soon as such emergency may cease to exist then said superior officer from where removed, may order the return of such deputy, clerk, assistant, or stenographer to his or her original position.

Section 16.
Be it futher enacted by the authority aforesaid, that it shall be proper and lawful for the Treasurer of the county or other custodian or depository of county funds, to pay out of the county funds the monthly portion of such salaries and expenses to each officer and County Attorney herein named, together with the salaries fixed for the. assistants and deputies and expenses of the office, and it shall be the duty of the Sheriff, Clerk, Ordinary, Tax Collector and Tax Receiver to disburse the salaries of assistants and deputies and expenses of the office.

Section 17.
Be it further enacted by the authority aforesaid, that all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which shall be allowed by law after the approval of this Act, to be received or collected for services rendered after the approval of this Act, by any officer herein named shall be received

FRIDAY, FEBRUARY 9, 1951

647

and collected by all of said officers and each of them, for the sole use of the county in which they are collected and shall be held as public monies belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer, under oath, showing such collections and the source from which collected, to the Board of Commissioners of such County. The fees received for the State by the Tax Collector and Tax Receiver shall be collected and received by such officers for and on behalf of such counties as are described in Section 1 hereof, and immediately upon collection of the same by said officers, the said funds so collected shall be turned over to the County Treasurer, or other depository of county funds.
Section 18.
Be it further enacted by the authority aforesaid, that the salaries of the various officials herein fixed shall be their sole compensation, and all fees accruing after the approval of this Act are hereby abolished so far as the same constitutes the compensation of said officers, but the same schedule of fees and costs prescribed under the existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of such counties as are described in Section 1 hereof.
Section 19.
Be it further enacted by the authority aforesaid, that in the distribution among the officers to whom this Act applies of all costs both in particular cases or matters, and all insolvent costs, and all fines, forfeitures and fees which may become due and payable after the approval of this Act, in such counties as are described in Section 1 hereof, the said counties shall be subrogated to the rights and claims of any of the officers named in this Act, who, but for this Act, would be entitled to compensation out of the county fines, forfeitures and fees, and shall be after the approval of this Act, entitled to all funds, monies, or emoluments accruing in said county to any of the officers herein named, after the approval of this Act, when orders on the insolvent fund or other judgment of findings entered or approved, as to the distribution of said fund between the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the present system, the same shall be entered and approved in the name of the respective officers for such portion of said monies as they are entitled to, for the use and benefit of the county. The procedure now in force as to which officer shall collect the costs, and as to the distribution thereof shall remain in force but as herein provided all such sums shall be collected for the use of the county treasury, of such counties as are described in Section 1 hereof, by the officer by whom collected, as herein provided; and all fees collected by the Tax Receiver and Tax Collector from the State or from any source whatsoever by virtue of their respective offices, shall be paid into the county treasuries and belong to such county or counties.

Section 20.
Be it further enacted by the authority aforesaid, that the County Police in all such counties as coming within the provisions of this Act are hereby abolished, and all county police work in such counties shall

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be done by and through the Sheriff of said counties and his deputies; and in no such county shall the Board of Commissioners of Roads and Revenues established or maintain any county police in addition to that maintained through the Sheriff and his deputies.

Section 21.
Be it further enacted by the authority aforesaid, that all premiums on bonds or insurance required of the officers, their deputies or assistants, mentioned in this Act, shall be paid by the Board of Commissioners of Roads and Revenues or other fiscal agent of said counties.

Section 22.
Be it further enacted by the authority aforesaid, the Board of Commissioners of Roads and Revenues of any such counties, shall have the right, in case of emergency, to authorize pay raises for any of the officers and employees provided for by this Act and shall have the authority to employ additional employees or assistants in any of said offices in such counties and shall have the authority to fix compensation for such additional assistants or employees, provided, nevertheless, said Board of Commissioners may at any time, require the discharge of any such emergency employee or the reduction in pay of any emergency pay increase granted to any of the employees or officers provided for by this Act.

Section 23.
Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict, whether gene1al or special Acts, are hereby repealed, and, provided that this Act shall be construed as fixing such salaries from January 1, 1951, and if any part of this Act should be declared unconstitutional or invalid, it shall not affect the remaining portions thereof.
The Committee Substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

SB 22. By Senator Grayson of the 1st:
A bill to be entitled an Act to amend the Act relating to and incorporating the Mayor and Aldermen of the City of Savannah, by providing for paying the bonded debt 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 9, 1951

649

SB 21. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend the charter of the Mayor and Aldermen of the City of Savannah, by submitting a proposition of abolition to the voters, and for other purposes.

The following Committee Substitute to SB 21, was read:
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF TH SAME:
Section 1. That on the date hereinafter set forth, the Mayor and Aldermen of the City of Savannah shall prepare ballots and submit to the registered voters of the City of Savannah the question as to whether or not they favor the Mayor and Aldermen form of government, or the Council Manager form of government.
Section 2. Be it further enacted that on the date hereinafter set forth an election on this question shall be held by the Mayor and Aldermen, and the persons qualified to vote shall be the registered voters of the City of Savannah who are qualified to vote for Mayor and Aldermen. Ballots for said election shall have printed thereon two propositions: One, "For Mayor and Aldermen form of government"; Two, "For Council Manager form of government". Those voters favoring the continuation of the Mayor and Aldermen form of government shall place a crossmark in the space opposite the first proposition; those persons favoring the Council Manager form of government shall place a crossmark in the space opposite the second proposition. If a majority of qualified voters of the City of Savannah voting in said election vote for Mayor and Aldermen government, the government of the City of Savannah shall continue as presently constituted, and if a majority of the qualified voters of the City of Savannah voting in said election vote for the Council Manager form of government, said vote shall be a directive to the Senator from the First Senatorial District and the three Representatives from Chatham County at the next session of the General Assembly to prepare and introduce in the General Assembly an Act changing the form of government of the City of Savannah from the Mayor and Aldermen form of government to the Council Manager form of government.
Section 3. Be it further enacted that on the first Wednesday after the expiration of thirty days from the passage and approval of this Act, the Mayor and Aldermen shall cause said election to be held.
Section 4. That all laws or parts of laws in conflict herewith be and the same are hereby repealed.
The Committee Substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

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SB 20. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend the several acts creating the Mayor and Aldermen of the City of Savannah, and for other purposes.

The following amendment to SB 20, was read and adopted:
Messrs. Page, Hood and McGee of Chatham move to amend SB 20 as follows:
1. By striking Section 4 in its entirety and substituting in lieu thereof a new section to be known as Section 4; "that from and after the passage of this Act the Mayor and Aldermen are authorized and empowered to increase the salary of the Recorder of the Police Court of Savannah to Six Thousand ($6,000.00) dollars per annum, which salary shall be paid on a semi-monthly basis."
2. By striking the words "and directed" from the second line of Section 5 and the words "in an amount not less than One Hundred Fifty ($150.00) dollars per month from lines five and six and substituting in lieu thereof "up to One Hundred Fifty ($150.00) dollars per month, so as amended said Section five (5) shall read:
"That the Mayor and Aldermen of the City of Savannah are authorized and empowered to pay to the Chairman of the Police Committee of Council and to the Chairman of the Finance Committee of Council a monthly salary payable on a semi-monthly basis, up to One Hundred Fifty ($150.00) dollars per month."
3. By striking Section 7 thereof in its entirety and inserting a new section in lieu thereof to be known as Section 7, and to read as follows:
"Section 7. Any pensioned employee who returns to the employment of the Mayor and Aldermen shall not be retired at a later date without first being pensioned under existing laws."
Messrs. Page, Hood and McGee of Chatham move to amend SB 20 as follows:
4. By striking Section VI thereof and its entirety.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 527. By Mr. Murphy of Haralson:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Haralson, and for other purposes.
The following amendment to HB 527, was read and adopted:
Mr. Murphy of Haralson moves to amend HB 527 by:
Striking from said Act Section 2, and substituting in lieu thereof a new Section 2, which shall read as follows:

FRIDAY, FEBRUARY 9, 1951

651

"Section 2.
"That said Act approved August 16, 1915 (Georgia Laws 1915, pages 252-258) is further amended by adding a new Section 13, which shall read as follows:
" 'a. The Commissioner of Roads and Revenues of Haralson County, Georgia shall receive a salary of $250.00 per month for every month during which he performs all the duties now or hereafter required of him by law. Provided, however, that for any month during which he fails or neglects to perform all such duties, his salary shall be $150.00 per month; in addition thereto said Commissioner shall receive all necessary expenses in the operation, maintenance and supervising the affairs of said county, including expenses incurred in traveling in the performance of his official duties, and all expenses incident and necessary to the maintenance of his office provided same shall not exceed in any one year the sum of $1,000.00, and provided all such expenses are approved by the grand jury.
" 'b. It shall be the duty of the Commissioner of Roads and Revenues of Haralson County to see that his office is open at least 30 hours per week, 12 hours of which time the said Commissioner must be present at said office unless he is ill or out of the county on official county business, and when the Commissioner is not present the Clerk shall be in said office.
" 'c. Provided, further, that biannually said Commissioner shall make a report to the grand jury of the superior court of Haralson County, said report to include a statement of the affairs of the county, which shall consist of funds expended for purchases made during the previous six months' period and the receipt of all funds during said period. Said report shall also include a statement as to whether said Commissioner has performed all duties required of him by law and an itemized statement of the Commissioner's expenses during the previous six months period.
"'d, Any warrant or warrants totalling more than $150.00 for the salary of said Commissioner during any calendar month in which said Commissioner fails to perform all his duties shall not be a valid obligation against the county, and shall be null and void.' "
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 142. By Senator Williams of the 19th:
A Bill to be entitled an Act to confer upon Ordinaries sitting for County purposes, Boards of County Commissioners or other authority to release a portion of the property of County Treasurers, Tax Collectors or Tax Commissioners, of any said officers from the lien of the State or County affected, against the property of such officers to prescribe the procedure to obtain such release; and for other purposes.
Referred to the Committee on State of Republic.

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SB 165. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to the position of Chief of Police in all counties of this State having a population of 200,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 166. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta relating to civil service in the fire department, and for other purposes.
Referred to the Committee on Municipal Government.

SB 167. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to provide in Fulton County a system for pension and retirement payment to teachers and employees of the Board of Education of Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 168. By Senator Millican of the 52nd:
A Bill to be entitled an Act to repeal an Act establishing a Civil Service in Fire Departments in cities having a population in excess of 200,000 and for other purposes.
Referred to the Committee on Municipal Government.

SB 169. By Senator Millican of the 52nd:
A Bill to be entitled an Act amending the Charter of the City of Atlanta, fixing compensation for the planning engineer and the municipal Revenue Collector, and for other purposes.
Referred to the Committee on Municipal Government.

SB 170. By Senator Millican of the 52nd:
A Bill to be entitled an Act to establish a metropolitan planning district for Fulton and DeKalb Counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 179. By Senator Oliver of the 54th:
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 Tattnall County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 185. By Senator Williams of the 19th:
A Bill to be entitled an Act to provide that in all counties having a population of not less than 4,500 inhabitants and not more than 4,525 inhabitants, the Board of Commissioners of Roads and Revenues in its

FRIDAY, FEBRUARY 9, 1951

&'53

discretion, may pay to the Sheriffs of such counties a subsistence not to exceed $75.00 per month in addition to the fees which such sheriff may now receive; and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 5. By Senator Willingham of the 39th, Rawls of the lOth and others:
A Resolution proposing an amendment to defray the cost of all activities incident to providing and maintaining an adequate system of public roads and bridges in this State, and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the following Bills of the House were withdrawn, read the second time and recommitted:

HB 359. By Messrs. Abney of Walker, Hall of Floyd, Britton and Carr of Whitfield, Alverson of Fulton and Kemp of Clayton:
A Bill to be entitled an Act to amend an Act relating to membership in labor organizations, fees, etc., and for other purposes.

HB 222. By Messrs. Walker of Telfair and Smith of Emanuel:
A Bill to be entitled an Act to authorize the eligible officials and employees of the Comptroller-General's office to become members of the Employees Retirement System, and for other purposes.

HB 419. By Messrs. Burgamy of Sumter, Coffin of Schley and Black of

Webster:



A Bill to be entitled an Act to require the registration of each full length motion picture, and for other purposes.

The following Bill of the House was taken up for the. purpose of considering the Senate amendment thereto:
HB 233. By Messrs. McWhorter, Mackay and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Atlanta; to provide for the territorial jurisdiction of the Civil Court of DeKalb County, and for other purposes.
The following Senate Substitute to HB 233, was read:
SUBSTITUE FOR HB 233
An Act to amend an Act approved August 20, 1913 (Georgia Laws 1913, page 145) creating the Municipal Court of Atlanta, and the Acts amendatory thereof, by repealing in their entirety Sections 4, 5, 6, 7, 8 and 9 and all other sections of said Act of 1913 insofar as they relate to the DeKalb Section of the Municipal Court of Atlanta; by repealing in their entirety an Act approved August 15, 1927 (Georgia Laws 1927,

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page 383); an Act approved August 1, 1929 (Georgia Laws 1929, page 367); an Act approved August 20, 1931 (Georgia Laws 1931, page 268); an Act approved March 17, 1937 (Georgia Laws 1937, page 1143); all of that portion of an Act approved February 23, 1939 (Georgia Laws 1939, page 449) relating to the DeKalb Section of the Municipal Court of Atlanta and the Civil Court of DeKalb County; an Act approved March 28, 1947 (Georgia Laws 1947, page 1225); and an Act approved February 17, 1949 (Georgia Laws 1949, page 666) and enacting in lieu thereof an Act to provide for a Civil Court of DeKalb County; to abolish Justice of the Peace Courts, the office of Justice of the Peace, the office of Notary Public ex officio Justice of the Peace, and the office of Constable in that portion of DeKalb County which is in the City of Atlanta, Georgia; to define the jurisdiction and powers of the Civil Court of DeKalb County; to provide for the election, qualifications, duties, powers and compensation of the Judge and officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom, and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:
Section 1. That from and after the passage of this Act, the office of Justice of the Peace and Notary Public ex officio Justice of the Peace in that portion of the City of Atlanta, which is in DeKalb County, Georgia is hereby abolished, and no Justice of the Peace or Notary Public ex officio Justice of the Peace shall have or exercise any jurisdiction, civil or criminal, except as hereinafter provided within the corporate limits of that portion of the City of Atlanta which is in DeKalb County, Georgia.
Section 2. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the office of Constable is hereby abolished in such portion of the City of Atlanta.
Section 3. Be it further enacted by the authority aforesaid, that there is hereby created in lieu of such Justices of the Peace and Notary Publics ex officio Justice of the Peace a court to be known as the "Civil Court of DeKalb County" with the civil and criminal jurisdiction herein provided.
Section 4. Be it further enacted by the authority aforesaid, .that the territorial jurisdiction of the Civil Court of DeKalb County shall be co-extensive with that portion of the corporate limits of the City of Atlanta which is in DeKalb County, and in addition thereto said Court shall have territorial jurisdiction over that part of DeKalb County not located in the corporate limits of Atlanta.
Section 5. Be it further enacted by the authority aforesaid, that the Civil Court of DeKalb County shall have all the jurisdiction as to subject matter now exercised by Justices of the Peace and Justice Courts in Georgia throughout DeKalb County and such jurisdiction shall be exercised in that portion of DeKalb County which lies outside of the corporate limits of the City of Atlanta, concurrent with the Justices of the Peace of said county. In addition thereto, said Court shall have jurisdiction to try and dispose of all civil cases regardless of their nature, except cases of injury to the person or to the reputation concurrent with the Superior Courts, including not only such suits as are com-

FRIDAY, FEBRUARY 9, 1951

655

menced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the Superior Court of this County or Justice Courts, either under the common law or by statute, including, among others, attachments and garnishment proceedings, illegalities, counter affidavits to any proceeding from said Court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens and mortgages on personal property, possessory warrants, and other like proceedings and processes wherein the principal sum sued for exclusive of interest, costs and attorney's fees does not exceed $1,000.00 and of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are defined in Chapters 64-101, 64-102 and 64-103 of the Code of Georgia of 1933, and habeas corpus proceedings, and the practice and procedure shall be and remain the same as that now in vogue in the justice courts of Georgia, except as otherwise herein provided.
Section 6. Be it further enacted by the authority aforesaid, that there shall be a Judge of the Civil Court of DeKalb County, who shall be elected for a term of four years and shall be elected each four years thereafter. The first election for said Judge of the Civil Court of DeKalb County shall be in the next general election to be held in November, 1952 and the term of said officer so elected shall begin on January 1, 1953. Until the election and qualification of such Judge under the provisions of this Act, the present Judge of the Civil Court of DeKalb County shall serve as Judge of such Court.
Section 7. Be it further enacted by the authority aforesaid, that the Judge of the Civil Court of DeKalb County shall have been a resident and elector of DeKalb County, Georgia for at least one year immediately preceding his election or appointment, and shall have been engaged in the practice of law at least five years next preceding his election or appointment hereunder and shall be at least thirty years of age.
Section 8. Be it further enacted by the authority aforesaid, that any vacancy which may occur in the judgeship of the Civil Court of DeKalb County by death, resignation or otherwise shall be filled by appointment by the Governor for the unexpired portion of said term.
Section 9. Be it further enacted by the authority aforesaid, that said Court shall have monthly terms beginning with the first Monday in each month after the passage of this Act to be held at the place provided for holding the same in DeKalb County, and such terms shall remain open for the transaction of business until the next succeeding term of said Court. Each term of said Court shall have a jury and non-jury calendar. When there are not sufficient contested jury cases the Judge of said Court, in his own discretion, may omit the drawing of a jury for any term of said Court, however, this will not prohibit said Judge from having a non-jury calendar during any term of Court at which said Judge omits having jury cases.
Section 10. Be it further enacted by the authority aforesaid, that all suits now on file in the Civil Court of DeKalb County as constituted prior to the passage of this Act shall be disposed of by the Court herein created in the same manner, as said cases would have been disposed of had this Act not been passed, except said cases must be disposed of in

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the place provided for holding said Court.
Section 11. Be it further enacted by the authority aforesaid, that all actioi;~s in said Court shall be commenced by summonses as now provided for in Justice of the Peace Courts. Each action shall be filed and summonses issued thereon not less than 12 days prior to the first day of the particular term to which the same is brought; and summons thereon shall be served not less than 9 days prior to the first day of the term to which said action is brought; provided that service effected too late for a particular term shall be good for the next succeeding term.
Section 12. Be it further enacted by the authority aforesaid, that upon the filing of any civil action in said court, the plantiff or his attorney of record may file with the original action a written demand for trial by jury in said Court, and in the absence of such demand the plaintiff shall be held to have waived trial by jury. The defendant in such action may file a written demand for trial by jury on or before the date upon which he is required to appear in Court in response to said proceeding and upon such defendant's failure thereupon to demand a trial by jury, he will be held to have waived the same; provided however, where neither party demands a trial by jury the Judge of said Court shall have the right on his own motion, and in his own discretion to refer any cause involving an issue of fact to a jury for trial for a general verdict in said case, or he may refer any issue of fact to a jury for the rendering of a special verdict on such issue, said jury trial to be had in all other respects as if demanded by a party to said case; provided further, where a defense is filed on or before the answer day, the plantiff in any cause of action shall have the right to demand a trial by jury on said answer day or on the following day. A jury trial once demanded by either party shall not be waived except by written consent of the opposite party.
Section 13. Be it further enacted by the authority aforesaid, that in all cases of default the Judge of the Civil Court of DeKalb County may enter judgment without any call of the docket on or after the day on which the action in default is returnable, provided, that any party against whom a judgment by default shall be rendered and who shall file with the Judge of said Court an affidavit that he has, as he is advised and believes, a good defense, and that he is not seeking to open the default for delay only, may upon paying up all costs that have accrued, as a matter of right have said default opened, and the judgment rendered thereon set aside at any time within five days from the rendition thereof; provided further, that if upon the hearing the court shall determine that said default was opened for delay only, the judgment shall be entered against such party for double the regular costs.
Section 14. Be it further enacted by the authority aforesaid, that the Judge of the Civil Court of DeKalb County may prepare and promulgate such rules of procedure and practice not inconsistent with the laws of this State, as may, in his discretion be necessary to carry on and facilitate the business of said Court. Said rules may be changed or modified from time to time, and shall be binding upon the officers of said Court, attorneys practicing, parties litigating and witnesses attending therein. Such rules may be printed after their adoption and furnished, upon application to the members of the bar and the public generally.
Section 15. Be it further enacted by the authority aforesaid, that

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it shall be the duty of the Clerk of the Civil Court of DeKalb County to prepare and file in his office a duplicate list of the traverse jurors of the Superior Court as filed in the Office of the Clerk of the Superior Court of DeKalb County and from the list so made the jurors for said Court shall be drawn in the following manner:
The Clerk shall write upon separate tickets the name of each juror, and shall number the same and place same in a box to be prepared for that purpose, from which the Judge shall draw a sufficient number of jurors in the manner required by law in the Superior Court for said Court trying jury business. All laws with reference to the selection of traverse jurors in the Superior Court not inconsistent with the provisions of this Act shall apply to the Civil Court of DeKalb County. The jurors so drawn shall be summoned by the marshal of said Court or other lawful officer at least five days before the Court at which they are called to serve, and form the jurors drawn and summoned as above provided, there shall be empaneled in all cases to be tried by a jury in said Court a jury of nine, and in each case each side shall have two strikes, and the five remaining shall constitute a jury for the trial of such case. If there should be any deficiency of jurors from cause or absence, the marshal by direction of the Court shall complete the jury by talesman to fourteen. Each juror shall receive the same compensation while serving as a juror in said court as are paid jurors in the Superior Court of said County, the same to be paid by DeKalb County under the laws governing the payment of Superior Court jurors. All laws of force with reference to the qualifications, oaths, exemptions and financing of jurors in the Superior Courts of this State, shall when not inconsistent with the provisions of this Act, be observed in said Civil Court of DeKalb County.
Section 16. Be it further enacted by the authority aforesaid, that whenever it may be necessary by reason of the disqualification or incapacity of the Judge of said Court in any case pending therein, it shall be the duty of the presiding Judge of the Superior Court of DeKalb County to appoint a qualified attorney at law to act as Judge Pro Hac Vice, who shall execute all of the functions of Judge in such case.
Section 17. Be it further enacted by the authority aforesaid, that the Judge of the Civil Court of DeKalb County shall have authority to punish contempt by fines not exceeding $100.00 and by imprisonment not exceeding ten days.
Section 18. Be it further enacted by the authority aforesaid, that the Judge of the Civil Court of DeKalb County shall have the right to grant non-suits and directed verdicts upon the same grounds that nonsuits and directed verdicts may be granted by the Judges of the Superior Court of DeKalb County.
Section 19. Be it further enacted by the authority aforesaid, that the Commissioner of Roads and Revenues of DeKalb County shall provide an adequate place and facilities for holding said Court at the county site.
Section 20. Be it further enacted by the authority aforesaid, that the Judge of the Civil Court of DeKalb County may appoint a Clerk, such Clerk to hold office during the pleasure of the appointing Judge. Such clerk shall have authority to file all papers, suits, etc., sign all summons, warrants, and executions and make all necessary records and

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entries on the docket, and to perform such duties as required by the Judge of said Court, not inconsistent with the law. Said Clerk shall give bond to be approved by the Judge and payable to the Commissioner of Roads and Revenues of DeKalb County in the sum of $1,000.00 for the faithful performance of his duties as Clerk.
Section 21. Be it further enacted by the authority aforesaid, that the Judge of the Civil Court of DeKalb County shall have the right to appoint a marshal of said Court and such deputy marshals as in the discretion of said Judge may be necessary, said marshal and said deputies to hold office during the pleasure of the appointing Judge. The Clerk of said Court shall be an ex officio deputy marshal and shall have all the rights and powers of other deputy marshals. The marshal and the deputy marshals of said Court shall have the same powers, duties and authority within the territorial jurisdiction of this Court as Constables of Justice Courts have under the laws of this State. All processes of said Court, executions, warrants or summary processes of any kind issued from this Court shall be levied, served or executed by the Marshal or Deputy Marshal of this Court or by a Sheriff or Deputy Sheriff of the County of DeKalb County. Said marshal shall give bond to be approved by the Judge and payable to the Commissioner of Roads and Revenues of DeKalb County in the sum of $1,000.00 for the faithful performance of his duties as marshal.
Section 22. Be it further enacted by the authority aforesaid, that all sales of personal property upon all processes from this Court in DeKalb County shall take place before the courthouse door of DeKalb County between the hours of 10:00 A. M. and 4:00 P. M. at public outcry, on the Monday next following ten days' advertisement by notice posted at the courthouse door describing the property to be sold, the place and hour of sale, the name and residence of the owner of such property, if known to the levying officer, the style of the case in which the execution was issued and the location of the place where the property was seized. The names and addresses of every purchaser at any sale conducted by an officer of this Court shall be furnished in writing by such officer to the Clerk and kept by him in some proper record accessible to the public. Any sale may be conducted by the marshal making the levy or by any other marshal or deputy marshal of said Court, or the Sheriff or a Deputy Sheriff of the Superior Court of DeKalb County; provided, that in all cases where execution or other processes from this court are levied upon real estate, said real estate shall be advertised and sold in the manner and form, and at the time and under the conditions now prescribed by law. Sales of perishable property and sales on the premises may be made under the rules relating to such sales in the Superior Courts of this State.
Section 23. Be it further enacted by the authority aforesaid, that the Judge of the Civil Court of DeKalb County shall have authority to appoint a deputy clerk to serve in the discretion of said Judge, who shall give the same bond as required of the Clerk.
Section 24. Be it further enacted by the authority aforesaid, that court costs shall be charged and collected by said court as follows: Filing and docketing each suit, when amount involved is $100.00 or less, $2.00; where amount involved is over $100.00, $3.00; for copying each suit for service (where plaintiff furnishes no copy), per hundred words, 20; for issuing each summons, garnishment, attachment, and copy suit

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659

after first copy, where amount involved is $100.00 or less, 50; where amount involved is over $100.00, $1.00; for entering up each judgment for $100.00 or less, 65; on suits involving more than $100.00, 75; for issuing each fi. fa. where amount involved is less than $100.00, 50; where amount involved is over $100.00, 75; for each order entered on motion for new trial where amount involved is less than $100.00, 50; where amount involved is more than $100.00, 75; answering a writ of certiorari to superior court, $4.00; for serving each suit summons, attachment, or garnishment where amount involved is $100.00 or less, $2.00; which shall include return of said service; where amount involved is over $100.00, $3.00, which shall include return of said service; for serving each witness, 50; for levying each fi. fa. and advertisement, where amount involved is $100.00 or less, $1.00; where amount involved is over $100.00, $2.25; for each search and return of nulla bona, 75; for each arrest in bail trover case, where amount involved is $100.00 or less, $3.00; where amount is over $100.00, $5.00; for filing, docketing, and serving each dispossessory warrant, $5.00; for filing, docketing and serving each distress warrant, $5.00; for summoning jury for each jury trial, $1.50; taking bond in civil case, $2.00; taking bond in criminal cases, $2.00; attending jury trial, $2.00; for filing and docketing each answer, plea, cross-bill, amendment, demurrer or other defensive pleadings, 75 for each; for advertising personal property for sale, $2.50; for settling fi. fa. from another court, $2.00; for backing fi. fa. from another court, $1.00; for Marshal's bill of sale to personalty, $3.50; for commission on sale of personal property, where amount involved in said sale is from $1.00 to $100.00, a fee of 8%%; on sales amounting to over $100.00, a fee of 61;4%; for entering judgment on remittur from Court of Appeals or Supreme Court, $3.00; for filing and docketing each bill of exceptions where the amount involved or sued upon is less than $100.00, $2.00; for filing and docketing each bill of exceptions where the amount involved or sued upon is over $100.00, a fee of $3.00. In all cases where a jury trial is demanded or had, a fee of $2.50 shall be added to the other costs in the case.
All costs not provided for herein shall be charged for and collected by said Court on the same basis as costs now fixed or which may hereafter be fixed, by law for the Civil Court of Fulton County. The costs in criminal matters in said Court, and before the Judge thereof, not already provided for herein, shall be the same as is now provided for, or which may hereafter be provided for, by law, in criminal matters in the Civil Court of Fulton County.
Section 25. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the party plaintiff when filing such suit or other proceedings in the Civil Court of DeKalb County shall be required to make a deposit of two dollars to said court on the costs of suit, except dispossessory warrants, distress warrants and attaclnnent proceedings upon the filing of which in said court, a deposit of five dollars for each such proceeding shall be made; provided however, that such deposit shall not be required of any person who shall subscribe to an affidavit to the effect that from his poverty he is unable to pay the same; and provided further that if the party making such deposit finally prevails in such proceedings the amount of said deposit shall be taxed as part of the costs against the losing party, and if, recovered, shall be refunded to the party depositing the same after all costs have been paid.

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Section 26. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the Clerk of said Court shall pay into the County Treasury all amounts of costs collected by said Court, such payments to be made monthly on or before the lOth day of each month. It shall be the duty of the Clerk to keep a record of all monies received by the Court, and the Commissioner of Roads and Revenues of DeKalb County shall have the right to have an audit made of all accounts.
Section 27. Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the Judge of said Court shall be paid a salary in the sum of $4,800.00 per annum to be paid monthly out of the County Treasury.
Section 28. Be it further enacted by the authority aforesaid, that from and after the passage of this Act the salary of the Clerk of said Court shall be fixed by the Commissioner of Roads and Revenues of DeKalb County with the approval of the Grand Jury and shall be not less than $250.00 per month. The salary of the marshal of said Court shall be fixed by such Commissioner of Roads and Revenues with approval of the Grand Jury and shall be not less than $250.00 per month. The salary of the deputy clerk shall be fixed by such Commissioner of Roads and Revenues with approval of the Grand Jury and shall be not less than $150.00 per month. Said sums shall be paid out of the county treasury as expenses of said Court.
Section 29. Be it further enacted by the authority aforesaid, that no deputy marshal appointed under the provisions of this Act shall receive any compensation for his services, unless the same is provided for by recommendation of the Commissioner of Roads and Revenues of DeKalb County and approved by the Grand Jury.
Section 30. Be it further enacted by the authority aforesaid, that it shall be lawful for any Justice of the Peace in DeKalb County to issue and have served, warrants for the arrest and apprehension of any accused who may reside in the territorial jurisdiction of this Court.
Section 31. Be it further enacted by the authority aforesaid, that in all cases tried in said Court before the Judge without the intervention of a jury, where the amount involved is less than $300.00, exclusive of interest, attorney's fees, and costs, either party being dissatisfied with the judgment, therein, may make an oral or written motion for a new trial then and there, which may be heard by the Judge presiding instanter, or at a subsequent date to be fixed by the Judge, and no brief of evidence shall be necessary to hear and determine said motion. Should the Court grant said motion upon any ground, there shall be no appeal from the first grant of a new trial, and the case shall stand for new trial de novo.
Upon the rendition of a verdict by a jury in said court, where the amount involved is less than $300.00, exclusive of interest, attorney's fees, and costs, either party to said cause or his counsel, may make an oral or written motion then and there for a new trial, and said motion may be heard instanter, or at some future time as the court in its discretion may set for the hearing of said motion, and no brief of evidence shall be necessary to hear and determine said motion. Should the court grant said motion upon any ground, there shall be no appeal from the

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first grant of a new trial, and the case shall stand for new trial de novo.
Should the Judge decline to grant a new trial on said motion, he shall prepare an order to that effect; then the movant or complaining party may apply to the Superior Court of DeKalb County for writ of certiorari, and said judgment may be reviewed.
Section 32. Be it further enacted by the authority aforesaid, that upon the rendition of a verdict by a jury in said court, or on the rendition of a judgment by the Judge in said Court, sitting without a jury, where the amount involved is Three Hundred ($300.00) Dollars, or more, exclusive of interest, attorney's fees and costs, either party to said cause or his counsel, shall make and file a written motion in said court, within ten days from the date of the ruling complained of, which written motion shall follow the same practice and procedure as that now used in the superior courts of this State, except this section shall not be interpreted or construed so as to deny any complaining party the right of certiorari to the Superior Court of DeKalb County, the provision in this section being cumulative in addition to the writ of certiorari to the Superior Court of DeKalb County.
Section 33. Be it further enacted by the authority aforesaid, that new trials may be granted in the Civil Court of DeKalb County, on the same grounds upon which new trials may be granted in the superior courts of this State.
Section 34. Be it further enacted by the authority aforesaid, that in all cases wherein the amount involved, exclusive of interest, attorney's fees, and costs is $300.00, or more, the order overruling or refusing the motion for a new trial, or the final order of 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 Clerk of the Civil Court of DeKalb County.
Section 35. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that should the provisions of Sections 31, 32, 33 and 34 of this Act be held unconstitutional for any reason, it shall not affect the provisions of the other sections of this Act; and in such an event, the provisions of this Act providing for the review of judgments, orders, and rulings of the trial judge by bills of exception to the Court of Appeals or the Supreme Court shall be cumulative and in addition to the right of certiorari.
Section 36. Be it further enacted by the authority aforesaid, that should any Court of this State declare any section or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section or clause so declared to be unconstitutional or invalid and shall not affect any other section, clause or part of this Act.
Section 37. Be it further enacted by the authority aforesaid, that Sections 4, 5, 6, 7, 8 and 9 of an Act approved August 20, 1913 (Geor-

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gia Laws 1913, page 145) creating the Municipal Court of Atlanta and all other sections of said Act insofar as they relate to the DeKalb Section of the Municipal Court of Atlanta, be and the same are hereby repealed; that an Act approved August 15, 1927 (Georgia Laws 1927, page 383); an Act approved August 1, 1929 (Georgia Laws 1929, page 367); an Act approved August 20, 1931 (Georgia Laws 1931, page 268); an Act approved March 17, 1937 (Georgia Laws 1937, page 1143); all of that portion of an Act approved February 23, 1939 (Georgia Laws 1939, page 449) relating to the DeKalb Section of the Municipal Court of Atlanta and the Civil Court of DeKalb County; An Act approved March 28, 1947 (Georgia Laws 1947, page 1225); and an Act approved February 17, 1949 (Georgia Laws 1949, page 666) be, and the same are hereby repealed; that all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Mr. McWhorter of DeKalb moved that the House agree to the Senate Substitute.
On the motion, the ayes were 103, nays 0.
The Senate Substitute was agreed to.

Mr. Overby of Hall moved that the House reconsider its action in failing to pass the following Bill of the House, to-wit:

HB 19. By Messrs. Overby of Hall, Abney of Walker, Langdale of Lowndes, Abney of Catoosa, Jones of Lumpkin, Covington of Floyd, Twitty of Mitchell, Tamplin of Morgan and others:
A Bill to be entitled an Act regulating traffic on streets and highways; to effect a complete revision of all and singular the laws of this State, and for other purposes.
The motion prevailed, and the bill was placed at the foot of the calendar.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 263. By Messrs. Lovett of Laurens, Smith of Emanuel, Gowen of Glynn, Hand and Twitty of Mitchell, Greer of Lanier and Ray of Warren:
A Bill to be entitled an Act to make General Appropriations for the maintenance and operation of the agencies of Government for the fiscal year beginning July 1, 1951, and for other purposes.
The House was resolved into the Committee of the Whole House to consider HB 263, and the Speaker designated Mr. Key of Jasper as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported HB 263, back to the House with the recommendation that it do pass, as amended.

The following Committee Amendments to HB 263, were read and adopted:
Messrs. Vickers and Burkett of Coffee move to amend HB 263, the General Appropriation Bill, by adding a new paragraph in Section 8 of said Bill as follows:

FRIDAY, FEBRUARY 9, 1951

663

" Provided further that $795,000.00 of the funds provided in this Section shall be expended only for costs incident to the education of spastic children and children afflicted with cerebral palsy, in cooperation with local boards of educa:tion."
Committee moves to amend HB 263, Section 8 by adding a new subsection thereunder to read as follows:
"For additional funds above the amount provided in the foregoing for the Georgia School for Deaf to be expended for the improvement of building, grounds, equipment and other facilities __________________ $500,000.00
Bolton of Spalding, Alverson of Fulton and Smith of Carroll move to amend

HB 263 by striking therefrom the figures $330,000 in Section 4 under "Judiciary", and inserting in lieu thereof the figures $428,400.00.
1. To amend Section 9-(a)
To amend said section by adding after the words "experimental purposes", the following clause:
"For the purchase, maintenance and operation of Mobile Soil Testing Units the sum of $70,000.00 ;"
And to amend the total of said Section 9-(a) by adding the sum of $70,000.00 so as to increase said total to $6,748,000.00, so that said Section 9- (a), as amended, will read as follows :
"Section 9- (a) For the cost of operating the State Board of Regents; for aid to the University System; for annual payment of $8,000.00 to the University of Georgia for old bank stock item; for experimental purposes; for the purchase, maintenance and operation of Mobile Soil Testing Units the sum of $70,000.00; and for cost of operating the State Soil Conservation Committee an amount of not less than $2 5,00 0.00 ----------------------------------- __ ---------------------------$6,748,00 0. 00."
2. To amend the total Regular Appropriations Each Fiscal Year, following Section 53 on Page 9 of said House Bill, by adding the sum of $70,000.00 to the total of $145,120,923.86 so that such total shall read as follows:
"Total Regular Appropriations Each Fiscal Year________$145,190,923.86."
Messers. Greer of Lanier, Durden of Dougherty and Mackay of DeKalb: By striking in its entirety the sixth paragraph of said subsection B in Section 9.
The Committee moves to amend HB 263, known as the General Appropriations Bill, by striking therefrom Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:
Section 11.-(a) For the cost of maintenance, improving, and reconstructing roads and bridges on the State Highway System and the cost of incident thereto including equipment and for no other purpose ------------------------------------------------------------------------------------$10,000,000.00
(b) For State-matching participation in cost of construction, reconstruction, improvement in highways and highway planning in cooperation with Federal Government, including all cost items incident thereto and for no other purpose--------------------------------------$10,969,000.00

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(c) For cost of operating the Highway Department, for road and bridge construction (provided all expenditures for county contracts shall be on the basis of average prices established by law) the cost of additional maintenance; for convict camp contract operations; compensation on claims and surveys-----------------------------------------$7,700,910.83
Provided, further, that any and all obligations and commitments made by the officials of the State Highway Department, after the enactment of this law, which have not been authorized by the provisions of this Act and a specific budget allotment for which funds are available shall be null and void, and all expenditures shall be governed by law and budget regulations of general application which are or may be in force and effect.
Mr. Brooks of Oglethorpe moves to amend HB 263 by adding a new section immediately following Section 12, said new section to be numbered 12 (a) and to read as follows:
"Section 12 (a). For grants to counties for aid in County road construction $4,500,000.00 (Four Million, five hundred thousand dollars), provided that this sum shall be distributed and disbursed by the State Treasurer based on information as to the total public road mileage furnished by State Highway Department; provided, however, that the sum appropriated in Section 12 (a) shall be distributed and disbursed to the various counties of the State in the same proportional basis to each county as the proportion of each county's total public road mileage is to the total public road mileage in the State."
Adding to Section 15 the following:
For cost of contracts with local governmental agencies operating local T.B. Sanitoria to perform services required by the State Tuberculosis Sanitorium ----------------------------------------------------------------------$100,000.00
Mr. Parker of Baldwin County moves to amend Section 20, Item A, of the General Appropriations Bill by striking the figure $6,430,000 from said section and inserting in lieu thereof the figure $6,930,000. $500,000 of said sum, or the portion thereof necessary, is to be used for the purpose of placing the employees of the Milledgeville State Hospital on an eight hour working day shift.
Mr. Adams of Upson moves to amend HB 263, Section 27 by striking the figures "$175,000.00, and substituting therefor the figures $225,000.00", so that when amended said Section 27 shall read as follows:
"Commerce, Department of For Cost of Operating____________ $225,000.00"
Mr. Green of Irwin moves to amend HB 263, Section 30, Sub-section (e) pertaining to operating cost of the Department of Parks by striking the figures $310,000.00 and inserting in lieu thereof, the figures $330,000.00 and by adding at the end of the present proviso in said sub-section another proviso to read as follows:
"Provided that of this appropriation an amount of not less than $20,000.00 shall be expended for one year for improvements at the Jefferson Davis Memorial Park in Irwin County".
Mr. M. Smith of Fulton and others by amending Section 30 by adding a new Subsection to be letter (g), to read as follows:
"Section 30 (g) For the repair and improvement of buildings and grounds of Jekyll Island State Park------------------------------$100,000.00"

FRIDAY, FEBRUARY 9, 1951

665

Messrs. Stocks of Lee and Gardner and Durden of Dougherty move to amend HB 263 by adding to Section 30 another paragraph designated as "h" and to read as follows:
"h" For development of Chatham Park................................$25,000.00
Mr. Carr of Whitfield moves to amend HB 263 by striking from Section 42 of said Act the following figure: $1,850,000.00, and inserting in lieu thereof the following figure: $2,500,000.00, so that said section, when amended, shall read as follows:
"Section 42. Public Safety, Department of, For the cost of operating the Department of Public Safety..............................$2,500,000.00"
The Committee moves to amend Section 44 of HB 263 by adding a proviso thereunder to read as follows:
"Provided that for the fiscal year ending June 30, 1951 $300,000.00 is hereby appropriated for additional cost of operating the Department."
The Committee moves to amend Section 48 of General Apporpriation Act by adding the following paragraph:
"For operation of office of Bond Commissioner as per Section 40-1201 of the Code of Georgia............................................$10,000.00"
The Committee moves to amend HB 263 by striking from section 54 of said Act, Paragraph (a) and (b) in their entirety and inserting new paragraphs at the end of the first paragraph of Section 54 to read as follows:
"Provided, further, that in the administration of the provisions of Section 54 one-fourth of the appropriation made in the following sub-sections (a) (c) and (d) to supplement and become part of the appropriation provided for the State Board of Education, State Board of Regents and Teachers Retirement for educational purposes shall be made available each quarter of the fiscal year from any surplus funds which may be available each quarter of the fiscal year before any other appropriation in Section 54 is authorized and in the event the surplus funds each quarter of the fiscal year are not sufficient to make available the full one-fourth of the appropriation in each quarter of the fiscal year, so much thereof as there is surplus funds to pay shall be made available. Provided the provisions of this paragraph shall not apply to funds authorized for the State Revenue Department.
(a) To supplement and become a part of appropriation provided for the State Board of Education for the educational purposes provided for under prior section of this Act. '
Provided, however, that the supplement authorized hereunder shall be subject to all rules, regulations, restrictions and limitations set forth in Section 8 of this Act with reference to the regular appropriation for educational purposes, and especially that portion relating to the maintenance and operation of separate schools for the white and colored races................................................................$25,624,380.00
Provided, further that from any appropriation which may be made available under sub-section (a) of this Section, the State Board of Education shall allot each fiscal year the sum of not less than $4,919,600.00 to provide for the Capital Outlay Fund as provided by Section

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11 of this Act approved February 25, 1949, as amended, known as the "Education-Minimum Foundation Program", as said funds shall be expended only for the purposes authorized by Section 11 of Act approved February 25, 1949, as amended, known as the "EducationMinimum Foundation Program."
Provided further, that for the fiscal year beginning July 1, 1952 and thereafter the amount appropriated under this Section shall be $27,280,852.00, subject to the rules, regulations, restrictions and limitations set forth in Section 8 of this Act."
The Committee moves to amend HB 263 by striking from Section 54 of said Bill, Section (c) in its entirety and inserting in lieu thereof a new Section (c) to read as follows:
To supplement and become a part of appropriation provided for the State Board of Regents for the educational purposes provided for under prior section of this Act.
Provided, however, that the supplement authorized hereunder shall be subject to all the rules, regulations, restrictions and limitations set forth in Section 9 of this Act with reference to the regular appropriation for educational purposes, and especially that portion relating to the maintenance and operation of separate schools for the white and colored races.
1. Aid to University System for maintenance and for new buildings, plant and equipment--------------------------------------------------$4,985,000.00
The Committee moves to amend HB 263, known as the General Appropriations Bill, by striking therefrom Sub-section (E) of Section 54 of said Act, which sub-section is the contingent section of the Appropriations Act Dealing with Highways, and substituting in lieu thereof a new Sub-section (E) of Section 54, which shall read as follows:
(E) To supplement and become part of appropriation provided for operating the Highway Department, for road and bridge construction, the cost of additional maintenance and other cost items provided for under prior section of this Act, provided the supplement authorized hereunder shall be subject to all rules, regulations and restrictions applying to the appropriations made in the prior section of this Act ----------------------------------------------------------------------------------------------$9,500,000.00
Mr. Dicus of Muscogee moves to amend HB 263 as follows:
Amendment # 1. Strike the figure $500,000.00 in Section 54 (g)
and inserting in lieu thereof the figure $200,000.00.
Messrs. Rogers of Heard and McGarity of Henry move to amend HB 263 Section 54, subsection L under other agencies:
By striking the amount of $200,000.00 and inserting in lieu thereof the amount $400,000.00."
Committee moves to amend HB 263, Section 54, sub-section (r) pertaining to the operating cost of the Department of Revenue
By striking the figures $250,000.00 and inserting in lieu thereof the figures $750,000.00.
Mr. Green of Rabun County moves to amend Section 54 of HB 263:

FRIDAY, FEBRUARY 9, 1951

667

By adding to said Section a new subdivision to be lettered "(s)" which shall read as follows:
"(s) For cost of development of Black Rock Mountain State Park in Rabun County One Year only ----------------------------------------$100,000.00".

Messrs. Bentley and Williams of Cobb move to amend Section 54 of HB 263 by adding a new subsection at the end thereof to be designated as subsection (t)" to read as follows:
"(t) For cost of the development of a State Park on Lake Acworth in Cobb County, Georgia, which Lake Acworth was created by a subimpoundment dam in Cobb County of the U. S. Government Allatoona Dam Project ----------------------------------------------------------------------------$50,000.00"

Committee moves to amend HB 263, Section 54 by adding a new subsection thereunder to read as follows:
(u) For additional cost of operating the State Prison Institution System ------------------------------------------------------------------------------------$300,000.00
Committee moves to amend HB 263, Section 54 by adding a new sub-section to read as follows:
(v) To State Board of Regents of University System of Georgia for completing the construction of the building housing the School of Veterinary Medicine and for acquiring equipment needed in the operation of the School and for other purposes ----------------------------$400,000.00

Mr. Lovett of Laurens moves to amend HB 263 by inserting a new paragraph to be appropriately numbered 51 (A) and to read as follows:
"There is hereby appropriated annually for the years 1951 and 1952 to the Georgia Ports Authority, the following: For administrative purposes of the Georgia Ports Authority for the years 1951 and 1952, the sum of Eighty Thousand Dollars ($80,000) to be paid from the State Treasury for the Georgia Ports Authority in the sum of Forty Thousand Dollars ($40,000) each year. All Capital improvements and purchases of necessary equipment for the years 1951 and 1952 the sum of Five Hundred Thousand Dollars ($500,000.00) the same to be paid for the Georgia Ports Authority in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) each year."

Messrs. Abney of Walker and Hale of Dade move to amend Section 54 by adding a new sub-section to be lettered (W)
To provide for development of Sitt~m's Gulch State Park in Dade and Walker Counties, Georgia ------------------------------------------------$25,000.00
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
The roll call was ordered and the vote was as follows:

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Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Barber of Jackson Battles Baughman Beasley Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Coffin Coogle Cranford Dally Deen Dews Dicus Dorsey Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gillis

Graham Green of Cherokee Green of Irwin
Green of Rabun Greene of Crisp Greer Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Hollis Hood Huddleston Ivey of Jackson Johnson of Hall Johnston Jones of Bartow Kelley Kemp Kennedy Key Kitchens Knight Lam Lanier Lavender Leach Lewis of Hancock Little Lovett McCracken McGarity Mangum Matthews Mims Mull Murphy Musgrove Nelson Neville Newman Nightingale Otwell

Overby Owens Parker Peacock Pickett Pittard Ramsey Raulerson Ray Register Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Carroll Smith of Emanuel Stephens of Towns Stewart Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Warren Weems Wheeler White Whitworth Wiggins Wilkes Wilkinson Williams of Cobb Williams of Houston Wood Wooten

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

On the passage of the bill, as amended, the ayes were 154, nays 0.

FRIDAY, FEBRUARY 9, 1951

669

The bill, having received the requisite constitutional majority, was passed, as amended.

The House directed the Clerk to correct the advertising in HB 334 and HB 335.

The House directed the Clerk to correct clerical errors in HB 1.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., Monday morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday morning.

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Representative Hall, Atlanta, Georgia, February 12, 1951

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. George H. Coker, Pastor, Macedonia Baptist Church, Manchester, Georgia.

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

The following Members of the House requested that the Journal show that they voted for the passage of HB 263, "General Appropriations Act".

Messrs. Murr of Sumter, Jones of Lumpkin, Mackay of DeKalb, H. Smith and M. Smith of Fulton, Ball of Lamar and Willingham of Lincoln.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof :
Mr. Speaker:
The Senate insists on its position in amending the following bill of the House, and respectfully asks that a Committee of Conference be appointed:
HB 26. By Messrs. Hopkins of Charlton, Adams of Brantley, Key of Jasper, and others:
A bill to regulate the making and manufacturing and selling of domestic and foreign wines and for licensing of retail and wholesale dealers and wineries and for a tax on all wines manufactured or sold, and to exempt from taxation wine made from grapes, fruits and berries by producers in Georgia of such crops; and for other purposes.
The President has appointed on the part of the Senate as a Committee of Conference:
Senator Connell of the 5th, Senator Rawls of the lOth, Senator Grayson of the 1st.

The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 180. By Senator Oliver of the 54th:
A bill to amend the Act establishing the City Court of Reidsville; to provide for the distribution of insolvent cost to the Solicitor, the Clerk and Sheriff; and for other purposes.
SB 181. By Senator Oliver of the 54th:
A bill to provide that the county police of Tattnall County, in addition

MONDAY, FEBRUARY 12, 1951

671

to their salary, shall be entitled to a fee of $10.00 for each conviction obtained by them, which shall be assessed in the fine; and for other purposes.

SB 182. By Senator Coffin of the 12th:
A bill to provide for two terms of the Superior Court of Stewart County to be held on the second Monday in January and July; and for other purposes.

SB 183. By Senator Millican of the 52nd:
A bill to amend the County Manager Law of Fulton County requiring the county authorities to deal solely through the County Manager with personnel or services for which the County Manager is responsible; to forbid any county authority to authorize or direct road work, or other public work; and for other purposes.

SB 186. By Senator Duncan of the 34th:
A bill to amend the Act establishing the City Court of Gwinnett County, to provide for trial by Judge without Jury, to provide jurisdiction in all civil cases involving more than $100.00, to fix the salary of the judge and solicitor; and for other purposes.

SB 189. By Senator Wall of the 9th:
A bill to amend an Act approved March 24, 1933 (Ga. Laws 1933, page 515) so as to create a new commissioner's district; to provide two new members to the Board of County Commissioners of Early County; and for other purposes.

SB 191. By Senator Coleman of the 18th:
A bill to amend the charter of the town of Hephzibah; to authorize the Commissioners to construct a system of water works, and to issue bonds or revenue certificates; and for other purposes.

SB 192. By Senator Farrar of the 42nd:
A bill to amend the charter of the Town of Trion to provide for levy of taxes and limit thereof; fix the time and prescribe the manner of making tax returns; giving the power of eminent domain to construct waterworks and other public grounds and buildings; the right to acquire and maintain a cemetery; to provide for zoning ordinances; and for other purposes.

SB 193. By Senators Farrar of the 42nd and Mavity of the 44th:
A bill to supplement the salary of the Judge of the Superior Courts of the Lookout Judicial Circuit to be paid by the counties in said circuit; and for other purposes.

SR 45. By Senator Farrar of the 42nd: A resolution directing the State Librarian to furnish certain volumes of

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Georgia Reports and Georgia Appeal Reports to the Clerk of the Superior Court of Chattooga County; and for other purposes.

SR 46. By Senators Millican of the 52nd and Grayson of the 1st:
A resolution memoralizing Congress to call a convention to consider an Amendment to the Constitution of the United States relative to taxes on incomes, inheritance and gifts; and for other purposes.

HB 103. By Mr. Williams of Cobb:
A bill to create and organize a new Judicial Circuit for the State of Georgia to be known as the Cobb Judicial Circuit; and for other purposes.

HB 129. By Mr. J oily of Franklin:
A bill to amend an Act to abolish the office of the Tax Receiver and Tax Collector of Franklin County; and for other purposes.

HB 224. By Mr. McWhorter of DeKalb:
A bill to amend an Act so as to provide a method of filling a vacancy in the office of Ordinary; and for other purposes.

HB 230. By Mr. McWhorter of DeKalb and others:
A bill to amend an Act by providing that in all counties having a population of more than 130,000, that the Clerks of the Superior Courts may provide separate index books and recording instruments affecting real estate and personal property; and for other purposes.

HB 278. By Messrs. Hand of Mitchell and others:
A bill to create Vocational Trade School Building Authority; and for other purposes.

HB 305. By Bibb Delegation:
A bill to amend an Act creating a charter for the City of Macon; and for other purposes.
HB 324. By Messrs. Johnson of Hall and others: A bill to repeal an Act, to provide that in all civil and criminal causes, it shall be good cause of challenge that a juror has expressed an opinion as to which party ought to prevail, etc.,; and for other purposes.
HB 332. By Mr. Hale of Dade and others:
A bill to amend an Act creating the Lookout Judicial Circuit; and for other purposes.
HB 384. By Mr. Murphy of Haralson:
A bill to amend an Act relating to the public schools in the City of Tallapoosa; and for other purposes.

MONDAY, FEBRUARY 12, 1951

673

HB 405. By Mr. Kemp of Clayton:
A bill to amend an Act to incorporate the Town of Forest Park; and for other purposes.

HB 408. By Mr. Trapnell of Bulloch:
A bill to amend an Act establishing a new charter for the City of Statesboro; and for other purposes.

HB 413. By Mr. Johnson of Hall:
A bill to amend an Act to establish a City Court in the County of Hall, and for other purposes.

HB 427. By Mr. Duncan of Carroll:
A bill to amend the Charter of the Town of Bowdon; and for other purposes.

HB 429. By Mr. Sivell of Harris:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Harris; and for other purposes.

HB 430. By Mr. Gardner of Dougherty and others:
A bill to amend an Act creating and establishing a new charter for the City of Albany; and for other purposes.

HB 435. By Mr. Duncan of Carroll:
A bill to amend an Act incorporating the town of Whitesburg; and for other purposes.

HB 456. By Mr. Kennedy of Turner:
A bill to amend an Act which creates the Board of Commissioners of Roads and Revenues for the county of Turner; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:
HB 342. By Mr. Bell of Richmond and others:
A bill providing for counties having a population between 108,000 and 112,000, a county planning and zoning commission; and for other purposes.
Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.

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By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
l. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions were introduced, read the first time and referred to the Committees:
HB 594. By Mr. Overby of Hall:
A bill to be entitled an Act to prohibit the alteration or interference with the roads or right of ways belonging to the State or part of the State Highway System, etc., and for other purposes.
Referred to the Committee on Public Highways # 1.
HB 595. By Messrs. McCracken of Jefferson, Graham, Bell and Holley of Richmond: A bill to be entitled an Act authorizing the State Board of Health to lease, build, construct, maintain and operate a general hospital at Augusta, Georgia, and for other purposes.
Referred to the Committee on State of Republic.
HB 596. By Messrs. Covington of Floyd and Cranford of Coweta:
A bill to be entitled an Act to repeal an Act relating to the erection of signs and advertisements within the right of way limits of public roads, and for other purposes.
Referred to the Committee on Public Highways # 2.
HB 597. By Messrs. Burgamy and Murr of Sumter, and Black of Webster: A bill to be entitled an Act to amend an Act by providing that any father or mother who wilfully and voluntarily abandons his or her child, leaving it in a dependent condition, shall be guilty of a Felony, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 598. By Messrs. Burgamy of Sumter and Black of Webster:
A bill to be entitled an Act to amend an Act by providing that for the securing of a position for any person, no private employment agency

MONDAY, FEBRUARY 12, 1951

675

shall charge a fee in excess of ten per cent of said persons salary for the first eight weeks of employment, and for other purposes.
Referred to the Committee on Special Judiciary.

HR 120-598a. By Messrs. Covington of Floyd, Cornelius of Polk, Weems of Chattooga, Rogers of Heard, Abney of Walker and many others:
A resolution requesting that part of U. S. Highway No. 27, be designated as Martha Berry Highway, and for other purposes.
Referred to the Committee on Public Highways # 1.

HB 599. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; to provide for the annexation of the Ben Hill Area, and for other purposes.
Referred to the Committee on Municipal Government.

HB 600. By Messrs. Brantley and Adams of Upson:
A bill to be entitled an Act to amend an Act relating to the fees of Coroners and Jurors in certain counties, so as to change the population figures contained therein, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 601. By Messrs. Graham, Holley and Bell of Richmond:
A bill to be entitled an Act to amend an Act so as to abolish the Office of Public Safety Commissioner of the City of Augusta, and for other purposes.
Referred to the Committee on State of Republic.

HB 602. By Mr. Wilkes of Cook:
A bill to be entitled an Act to amend an Act entitled "Adel, City of, Incorporated," and for other purposes.
Referred to the Committee on Municipal Government.

HB 603. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; to authorize the City of East Point to dismantle, tear down and remove condemned property at the owners expense, and for other purposes.
Referred to the Committee on Municipal Government.

Mr. Alverson of Fulton 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 considera-

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tion 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 167. Do Pass. SB 165. Do Pass. HB 591. Do Pass. HB 589. Do Pass. HB 586. Do Pass. HB 585. Do Pass. HB 581. Do Pass. HB 580. Do Pass. HB 588. Do Pass. HB 576. Do Pass. HB 578. Do Pass. HB 587. Do Pass. SB 185. Do Pass. SB 179. Do Pass. SB 170. Do Pass, as amended.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Langdale of Lowndes 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 438. Do Not Pass.
SB 29. Do Pass, by substitute.
Respectfully submitted,
Langdale of Lowndes,
Chairman.

Mr. Rogers of Heard County, Chairman of the Committee on General Agri-
culture # 2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture # 2 has had under consideration

MONDAY, FEBRUARY 12, 1951

G77

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 158. Do Pass. Respectfully submitted, Rogers of Heard Chairman.

Mr. M. Smith of Fulton County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 222. Do Pass.
HB 460. Do Pass.
HB 465. Do Pass, by substitute.
Respectfully submitted,
M. Smith of Fulton,
Chairman.

Mr. Gillis of Treutlen County, Chairman of the Committee on Motor Vehicle, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicle 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:
506. Do Pass.
482. Do Pass.
147. Do Pass. Respectfully submitted,
Gillis of Treutlen,
Chairman.

Mr. Barber of Colquitt 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 back to the House with the following recommendations:
HB 579.

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JOURNAL OF THE HOUSE,

HB 592. HB 583. HB 584. HB 593. HB 501. HB 582. SB 169. SB 168. SB 166.

Respectfully submitted, Barber of Colquitt, Vice-Chairman.

Mr. Dally of Walton County, Vice-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 House and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
HB 566. Do Pass.
Respectfully submitted,
Dally of Walton,
Vice-Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of the Republic, submitted the following report: Mr. Speaker:
Your Committee on State of the Republic 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 380. Do Pass.
HB 549. Do Pass.
Respectfully submitted,
McCracken of Jefferson,
Chairman.

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report:

MONDAY, FEBRUARY 12, 1951

679

Mr. Speaker: Your Committee on Engrossing has examined the following Bills and Resolu-
tions of the House and find them properly engrossed: HB 263. HB 310. HB 366. HB 407. HB 437. HB 469. HB 485. HB 488. HB 489. HB 497. HB 500. HB 502. HB 521. HB 523. HB 524. HB 526. HB 527. HB 529. HB 531. HB 532. HB 534. HB 535. HB 536. HB 537. HB 538. HB 539. HB 541. HB 542. HR 88-383d. HR 116. HR 117.

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HR 118.

Respectfully submitted, Green of Rabun, Chairman.

Mr. Dorsey of White County, Chairman of the Committee on Enrolling, submitted the following report: Mr. Speaker:
Your Committee on Enrolling has examined the following Bills and Resolutions of the House, and finds the same properly enrolled:
HB 334. HB 335. HB 336.
Respectfully submitted, Dorsey of White, Chairman.

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

HB 147. By Messrs. Bennett of Barrow and Adams of Brantley:
A bill to be entitled an Act to amend an Act regulating the use of the public highways by restricting the dimensions of vehicles, and for other purposes.

HB 380. By Mr. Overby of Hall:
A bill to be entitled an Act to repeal an Act relating to trade-marks, labels and advertising counterfeiting, and for other purposes.

HB 460. By Mr. Birdsong of Troup:
A bill to be entitled an Act to provide that any common school, city or county, shall carry fire insurance on its buildings, and for other purposes.

HB 465. By Messrs. Harper of Spalding, Tippins of Wilcox and Smith of Emanuel:
A bill to be entitled an Act requiring the Insurance Commissioner to fix the rate of commission paid to agents on fire and allied insurance, and for other purposes.

HB 482. By Messrs. Baughman of Early and Wheeler of Seminole: A bill to be entitled an Act to amend an Act which provides that tax

MONDAY, FEBRUARY 12, 1951

681

shall not be imposed on kerosene when not sold for use as motor fuel, and for other purposes.

HB 501. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A bill to be entitled an Act amending the charter of the City of Columbus to provide an insured pension place for officers and employees, and for other purposes.

HB 506. By Messrs. Ray of Warren, Twitty of Mitchell, Lewis of Hancock, McCracken of Jefferson, Smith of Emanuel and many others:
A bill to be entitled an Act to amend an Act "Regulations as to Vehicles"; to provide limitations as to size and weight of load, and for other purposes.
HB 549. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an Act to provide housing for persons engaged in war industries and to cooperate with the Federal Government on such projects, and for other purposes.
HB 566. By Messrs. Bell and Graham of Richmond and Tarbutton of Washington:
A bill to be entitled an Act to amend an Act to incorporate the Augusta and Waynesboro Railroad, and for other purposes.

HB 576. By Mr. Boggus of Ben Hill:
A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Ben Hill County, and for other purposes.
HB 578. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act providing a pension system for county policemen and firemen in counties of a certain population, and for other purposes.

HB 579. By Mr. Mangum of Columbia:
A bill to be entitled an Act to amend an Act to create and establish a new charter for the Town of Harlem, and for other purposes.

HB 580. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to be entitled an Act to amend an Act to supplement the salaries of the Judges of Superior Court of Fulton County, and for other purposes.

HB 581. By Messrs. Bell, Mackay and McWhorter of DeKalb:
A bill to be entitled an Act to create a Civil Service System in DeKalb County, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 582. By Messrs. Bargeron and Cates of Burke:
A bill to be entitled an Act to create a new charter for the Town of Girard, and for other purposes.

HB 583. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, and for other purposes.

HB 584. By Mr. Jessup of Bleckley:
A bill to be entitled an Act to authorize closing of certain streets and alleys in the City of Cochran, and for other purposes.

HB 585. By Messrs. Bargeron and Cates of Burke:
A bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues to supplement the salary of the Judge in the Augusta Circuit, and for other purposes.

HB 586. By Messrs. Bell, Graham and Holley of Richmond:
A bill to be entitled an Act to authorize the Commissioner of Roads and Revenues of Richmond County to supplement the salary of the Judge in the Augusta Circuit, and for other purposes.

HB 587. By Mr. Aycock of Jenkins:
A bill to be entitled an Act to provide for the Coroner of Jenkins County to receive a salary of $800.00 per annum, and for other purposes.

HB 588. By Messrs. McWhorter, Bell and Mackay of DeKalb:
A bill to be entitled an Act to amend an Act to provide for the use of voting machines in counties of a certain population and for other purposes.

HB 589. By Messrs. Matthews and Pittard of Clarke:
A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for Clarke County, and for other purposes.

HB 59L By Messrs. Bell, Graham and Holley of Richmond:
A bill to be entitled an Act to amend an Act to provide that the Probation Officer be included in the Pension Act, and for other purposes.

HB 592. By Messrs. Johnson and Overby of Hall: A bill to be entitled an Act to amend an Act establishing the charter of the City of Gainesville, and for other purposes.
HB 593. By Mr. Mishoe of Tattnall: A bill to be entitled an Act to create a new charter for the City of

MONDAY, FEBRUARY 12, 1951

683

Glennville, and for other purposes.

SB 158. By Senator Coffin of the 12th:
A bill to be entitled an Act to promote temperance, to foster and encourage the growing of grapes, fruits, etc. on Georgia farms, and for other purposes.

SB 165. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act relating to the position of Chief of Police in counties of a certain population, and for other purposes.

SB 166. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the charter of the City of Atlanta relating to civil service in the fire department, and for other purposes.

SB 167. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act to provide a pension system for teachers in Fulton County, and for other purposes.

SB 168. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act establishing Civil Service in Fire Departments in cities of a certain population, and for other purposes.

SB 169. By Senator Millican of the 52nd:
A bill to be entitled an Act amending the Charter of the City of Atlanta, fixing compensation for the planning engineer and the municipal Revenue Collector, and for other purposes.

SB 170. By Senator Millican of the 52nd:
A bill to be entitled an Act to establish a metropolitan planning district for Fulton and DeKalb Counties, and for other purposes.

SB 179. By Senator Oliver of the 54th:
A bill to be entitled an Act to amend an Act to create a board of Commissioners of Roads and Revenues for Tattnall County, and for other purposes.

SB 185. By Senator Williams of the 19th:
A bill to be entitled an Act to provide that in counties of a certain population, the Sheriff shall receive a salary of $75.00 per month, and for other purposes.

By unanimous consent, the following bills of the House and Senate were taken up for consideration and read the third time:

684

JOURNAL OF THE HOUSE,

SB 171. By Senator Willingham of the 39th:
A bill to be entitled an Act to amend an Act to create the "Acworth Lake Authority", and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 371. By Mr. Sheffield of Brooks:
A bill to be entitled an Act to amend an Act to consolidate and supersede the several acts incorporating the City 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 434. By Messrs. Parker and Kidd of Baldwin:
A bill to be entitled an Act to amend an Act establishing a new charter for the City of Milledgeville, and for other purposes.
The report 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 447. By Messrs. Alverson and H. Smith of Fulton: A bill to be entitled an Act to amend an Act incorporating the City of Manchester, and for other purposes.
The report 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 448. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to be entitled an Act to repeal an Act incorporating 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 12, 1951

685

HB 476. By Mr. Alverson 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 108, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 491. By Messrs. H. Smith, M. Smith and Alverson of Fulton: A bill to be entitled an Act to authorize the City of Atlanta to accept cash bonds from persons charged with a violation of the ordinances, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 493. By Messrs. Alverson, H. Smith and M. Smith of Fulton: A bill to be entitled an Act to amend an Act establishing 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 110, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 494. By Messrs. Alverson, M. Smith and H. Smith of Fulton: A bill to be entitled an Act to amend an Act establishing 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 495. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act establishing 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

686

JOURNAL OF THE HOUSE,

HB 496. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act establishing 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 518. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to govern the collection of costs, fines and forfeitures in the City Court of Dublin, and for other purposes.
The report 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 519. By Messrs. Lovett and Hadden 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 520. By Messrs. Lovett and Hadden of Laurens: A bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 522. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to be entitled an Act to carry into effect in the City of Atlanta, the amendment establishing 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 12, 1951

687

HB 528. By Messrs. Cornelius and McKelvey of Polk:
A bill to be entitled an Act to amend an Act to incorporate the City of Rockmart, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 530. By Messrs. Harper and Bolton of Spalding:
A bill to be entitled an Act to amend an Act establishing the City Court of Griffin, and for other purposes.
The report 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 533. By Messrs. Alverson, M. Smith and H. Smith of Fulton: A bill to be entitled an Act to incorporate the City of Mountain 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 540. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to amend an Act incorporating the City of Toccoa, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 550. By Mr. Tillman of Appling:
A bill to be entitled an Act to change the time of convening the Spring Term of the Superior Court 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

688

JOURNAL OF THE HOUSE,

HB 551. By Mr. Tillman of Appling:
A bill to be entitled an Act to repeal an Act entitled an Act to establish the City Court 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 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 552. By Mr. Tillman of Appling:
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling, and for other purposes.
The report 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 553. By Messrs. Burkett and Vickers of Coffee:
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 the County of Coffee, and for other purposes.
The report 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 554. By Messrs. Trapnell and Neville of Bulloch:
A bill to be entitled an Act to amend an Act providing for an increase in the salary of the Tax Commissioner 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 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 555. By Messrs. Trapnell and Neville of Bulloch:
A bill to be entitled an Act to amend an Act entitled "Clerk of Superior Court, Salary For" 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 127, nays 0.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 12, 1951

689

HB 556. By Messrs. Trapnell and Neville 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 128, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 557. By Messrs. Trapnell and Neville of Bulloch:
A bill to be entitled an Act to amend an Act to provide for the appointment of speci al criminal bailiffs 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 129, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 558. By Messrs. Abney and Campbell of Walker:
A bill to be entitled an Act to establish the City Court of Walker, and for other purposes.
The report 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 0.
The bill, having received the requisite constitutional majority, was passed.

HB 559. By Mr. Clary of McDuffie: A bill to be entitled an Act to repeal an Act to amend the original Act incorporating the Town of Thomson, and for other purposes.
The report 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 560. By Mr. Harrell of Grady:
A bill to be entitled an Act to amend the Charter of the City of Cairo, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 132, nays 0.
The bill, having received the requisite constitutional majority, was passed.

690

JOURNAL OF THE HOUSE,

HB 561. By Messrs. Callier of Talbot, Sivell of Harris, Rollins of Meriwether and others:
A bill to be entitled an Act to repeal 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 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 563. By Messrs. Covington, Scoggin and Hall of Floyd:
A bill to be entitled an Act providing for a supplement to the annual salary now provided by law for the Judge of the Superior Court of the Rome 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 134, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 565. By Messrs. Graham, Bell and Holley of Richmond:
A bill to be entitled an Act to amend an Act to change from the fee to the salary system in counties of a certain population; for certain elected officials, clerks, employees, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 135, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 567. By Mr. Simmons of Gilmer:
A bill to be entitled an Act to amend an Act creating a County Commissioner and an Advisory Board for the County of Gilmer, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 136, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 164. By Senator Trotter of the 37th:
A bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Troup County, to pay pensions to County employees, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 12, 1951

691

On the passage of the bill, the ayes were 137, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 564. By Mr. Kidd of Baldwin:
A bill to be entitled an Act to amend an Act relating to additional duties of clerks 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 138, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 180. By Senator Oliver of the 54th:
A bill to be entitled an Act to amend an Act to establish the City Court of Reidsville, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 181. By Senator Oliver of the 54th:
A bill to be entitled an Act to amend an act entitled "An Act to provide for establishing a County Police Force for Tattnall County," and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 182. By Senator Coffin of the 12th:
A bill to be entitled an Act to provide for the holding of two terms a year of the Superior Court of Stewart County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 183. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the County Manager Law in counties having more than 200,000 population, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 189. By Senator Wall of the 9th:
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Early, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 191. By Senator Coleman of the 18th:
A bill to be entitled an Act to amend the charter of the Town of Hephzibah, and for other purposes.
Referred to the Committee on Municipal Government.

692

JOURNAL OF THE HOUSE,

SB 193 By Senators Farrar of the 42nd and Mavity of the 44th:
A bill to be entitled an Act to supplement the salary of the Judge of the Superior Courts of the Lookout Judicial Circuit, and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 45. By Senator Farrar of the 42nd:
A Resolution directing the State Librarian to furnish law books to the Superior Court of Chattooga County, and for other purposes.
Referred to the Committee on Counties and County Matters.

The following Report was filed.

REPORT OF THE STATE PRISON FARM COMMITTEE
The committee of the State Prison Farm having visited the Georgia State Prison and Farm at Reidsville on the week-end of the second of February 1951 do beg to submit the following report:
We find the prison, the farm and surroundings well kept and in excellent condition with 824 men working on the farm clearing swamp land for additional pastures. There has been approximately 150 acres of land cleared since the last visit of this committee in February of last year. The farm land is now being turned and harrowed in preparation for planting.
At present there are various cover crops now planted on the farm including 500 acres of oats. The following winter vegetable are now growing on the prison farm: 85 acres of English peas; 20 acres of onions; 5 acres of collards; 12 acres of cabbage and others.
The livestock is in a very good condition. This includes 1700 head of hogs, 356 beef cattle, 126 head of jersey cows and a fine crop of young calves. Inventory of the chicken farm showed 2500 laying hens with 4000 baby chicks delivered during the week of our visit which will be used to develop the laying flock for the coming year.
A lake of 42 acres has been constructed to supply water for livestock and is stocked with brim and trout. This provides excellent fishing. Also another pond of approximately 12 acres will be completed within the next few days to provide water for the fast growing beef herd of cattle.
We found on hand 160,000 gallons of canned food for feeding the inmates of Georgia State Prison and other camps throughout the State. This food was produced on the farm and canned by the inmates at a very small cost. During the last twelve months 179,000 gallons was canned for use of the prison and other camps that were in need of such food.
A large supply of hay and corn in the cribs that is used for feeding livestock and also 750 tons of silage was on hand at this time.
We were very impressed with the sewing room at the woman's building and the female inmates are doing splendid in making garments

MONDAY, FEBRUARY 12, 1951

693

that are being used at the prison. We were also impressed with the project at the woman's building that is training inmates for beauty work. This is a new project and is surely going to be a success. All buildings are well kept and very clean and tidy.
Every inmate that is able to work has a job to do and this labor is being used to a great advantage.
We, the Committee wish to commend Honorable Robert E. Warren, Director of the Board of Corrections, and Honorable R. P. Balcom, Warden, Georgia State Prison, and the other officials for the splendid job they are now doing at the Georgia State Prison. They are making steady improvement and producing more each year.
Respectfully submitted,
E. C. Stevens of Marion Chairman, Committee Steve M. Hall of Toombs Acting Secretary

By unanimous consent, the following Bills of the Senate were withdrawn, read the second time and recommitted to the Committee on Counties and County Matters:
SB 95. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the fire and police pension law in counties of a certain population, and for other puroses.
SB 109. By Senator Millican of the 52nd: A bill to be entitled an Act to provide the method of establishment, etc., of public parks in unincorporated areas of Fulton County, and for other purposes.
SB 120. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the Act creating a Board of County Commissioners of Fulton County, and for other purposes.
SB 121. By Senator Millican of the 52nd: A bill to be entitled an Act to require Commissioners of all Counties of a certain population to supplement funds of the County Boards of Education, and for other purposes.
SB 135. By Senator Millican of the 52nd: A bill to be entitled an Act to provide for rights of employees of Fulton County who are transferred from one government to another, and for other purposes.
SB 89. By Senator Millican of the 52nd: A bill to be entitled an Act to amend the charter of the City of Atlanta by extending the city limits, and for other purposes.

694

JOURNAL OF THE HOUSE,

The Speaker announced the appointment of a Committee of Conference on HB 5, "the Cigarette Tax Bill", the following members of the House, to-wit:
Messrs. Birdsong of Troup, Smith of Emanuel, and Kidd of Baldwin.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 41. By Messrs. Ray of Warren, Campbell of Oconee, Gowen of Glynn, Rogers of Heard, Twitty and Hand of Mitchell and Smith of Emanuel:
A bill to be entitled an Act to amend Title 92 (Public Revenue) Motor Fuel Tax Law, and for other purposes.

The following Senate amendment to HB 41, was read:
By Senators Millican of the 52nd and Rawls of the lOth.
Amend HB 41.
By adding a paragraph to be known as Paragraph c (2) of Code Section 92-1403 and to read as follows:
"In the event any special motor fuels which are not commonly sold or measured by the gallon shall be used in any motor vehicles on the highways of this State, the Commissioner of Revenue is authorized and empowered, under such regulations as he may promulgate, to assess, levy and collect a tax upon such special fuels in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline, and the determination by the Commissioner of the power potential equivalent of such special motor fuels shall be prima facie correct. By 'power potential equivalent' is meant that quantity of such special fuels, however measured, which contains the approximate number of British thermal units contained in one gallon of regular grade gasoline, and upon each such quantity of such special fuels used upon the highways of this State a tax in the same amount and at the same rate as is levied and imposed upon the sale or use per gallon of motor fuel shall be assessed and collected."
Mr. Twitty of Mitchell moved that the House agree to the Senate amendment.
On the motion, the ayes were 113, nays 2.
The Senate amendment was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 10. By Messrs. Lewis of Hancock, Gowen of Glynn, Jackson of Jones, Smith of Emanuel, Freeman of Monroe, and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act entitled "Public Safety Department," to change the salaries of all troopers and officers of a certain grade, and for other purposes.

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695

The following Senate amendments to HB 10, were read:
Grayson 1st, Hagan 17th, Millican 52nd moves to amend HB 10 by adding at the end of Section 1 the following:
"Said subsistance allowance is hereby made mandatory in the sum of not less than four ($4.00) per day and not more than five ($5.00) per day and shall be in addition to all salaries and/or compensation.
Grayson 1st, Hagan 17th, Millican 52nd moves to amend HB 10 by adding a new section to be known as Section 1-A and to read as follows:
Be it further enacted that Department of Public Safety is hereby authorized to employ under existing law additional troopers not to exceed (50) in number in order to promote the safety of the State Highways and the Department of Public Safety is authorized and directed to procure such additional patrol cars as are necessary to fit the needs of the additional patrolmen employed.
Mr. Twitty of Mitchell moved that the House agree to the Senate amendments.
On the motion, the ayes were 113, nays 0.
The Senate amendments were agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 30. By Messrs. Overby of Hall, Ray of Warren, Tamplin of Morgan, Twitty of Mitchell, Lewis of Hancock, Covington of Floyd, Smith of Carroll and Matthews of Clarke:
A bill to be entitled an Act to repeal the Act establishing state wide district juvenile courts, and for other purposes.
The following Senate amendment to HB 30, was read:
Senator Millican of the 52nd
Amend Sec. 3-page 3 by adding after the word "terms" the following "and shall be eligible for re-appointment"
Sen Am to HB 30
HB# 30
Amendment by Senator Duncan-34th
By striking Section # 32, and substituting in lieu thereof the following:
Section 32. Court and Witness Fees. In proceedings under this act, no court fee shall be charged against and no witness fees shall be allowed to any party to a petition. All officers of court and all other persons acting under order of the court may be paid for services or service of process and attendance or serving as witnesses, the fees provided by law for like services in cases before the superior court, to be paid from county funds when certified to by the judge.
Mr. Overby of Hall moved that the House agree to the Senate amendment.

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On the motion, the ayes were 122, nays 0. The Senate amendment was agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

~B 342. By Messrs. Bell, Holley and Graham of Richmond:
A bill to be entitled an Act providing for counties of a certain population, a county planning and zoning commission, and for other purposes.

The following Senate amendment to HB 342, was read:
By Senator Coleman, of the 18th.
Amends HB 342 as follows:
By striking from Section 18 the language "may be amended by the respective bodies, subject to the provisions of Section 16." and substitute in lieu thereof, the following: "may be amended as provided for by existing laws subject to the provision of Section 16."
Mr. Bell of Richmond moved that the House agree to the Senate amendment.
On the motion, the ayes were 114, nays 0.
The Senate amendment was agreed to.

HB 274. By Messrs. Graham, Holley and Bell of Richmond:
A bill to be entitled an Act to provide for compensation for Coroners and Coroner's jurys in counties of a certain population, and for other purposes.

The following Senate amendment to HB 274, was read:
Senator Coleman of the 18th offered the following amendment:
Amend HB 274, Section 1, by deleting the words "$1800.00" and substituting therefor the words "$2100.00".
Mr. Bell of Richmond moved that the House agree to the Senate amendment.
On motion, the ayes were 115, nays 0.
The Senate amendment was agreed to.
Mr. McKelvey of Polk moved that the following Resolution of the House be withdrawn from the Committee on Amendments to the Constitution No. 2, and recommitted to the Committee on Counties and County Matters:

HR 99-476a. By Mr. McKelvey of Polk:
A Resolution proposing an amendment to provide for the election of a county school superintendent of Polk County by the qualified vote1s of the county instead of by the county board of education, and for othet purposes.
On the motion, the ayes were 98, nays 18.

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697

The motion prevailed and the Resolution was withdrawn and recommitted to the Committee on Counties and County Matters.
Under the provisions of HR 113, the hour of 11:00 o'clock having arrived, the Senate appeared upon the floor of the House and the Joint Session convened for the purpose of hearing a concert by the A Cappella Choir of the Georgia State College for Women, was called to order by the President of the Senate.
The Secretary of the Senate read the resolution providing for the Joint Session.
The A Capella Choir appeared upon the floor of the House with Mr. Max Noah as Director and rendered a selection of songs to members of the General Assembly.
Senator Rawls of the lOth District moved that the Joint Session be dissolved and the motion prevailed.
The Speaker called the House to order.
The Speaker appointed as a Committee of Conference on HB 26, "The Wine Bill, the following members of the House, to-wit:
Messrs. Short of Colquitt, Baughman of Early, and Brazeal of Terrell.
The following Resolution of the House was read and adopted:

HR 121. By Mr. Green of Rabun:
A Resolution expressing profound appreciation to the hosts at the Georgia-Georgia Tech Football game, on December 2, 1950.

The following Resolution of the Senate was read and lost:

SR 46.

By Senators Millican of the 52nd and Grayson of the 1st:
A Resolution memoralizing Congress to call a convention for the purpose of considering an amendment to the Constitution of the United States relative to taxes on incomes, inheritance and gifts, and for other purposes.

The following Resolution of the House was read and adopted:

HR 97-444b. By Messrs. Matthews and Pittard of Clarke:
A Resolution providing for the appointment of a Committee to investigate the procedure and method of admission in effect at the University Medical School at Augusta, Georgia, and for other purposes.

The Speaker appointed as a committee on the part of the House, the following members of the House, to-wit:

Messrs.

Smith of Emanuel,
Matthews of Clarke, Hawkins of Screven, Graham of Richmond, and Burgamy of Sumter.

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The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 234. By Messrs. Pittard and Matthews of Clarke:
A Bill to be entitled an Act to prohibit and regulate the solicitation of votes in counties of a certain population, and for other purposes.

The following Senate amendments to HB 234, were read:
Amendment to Sections 2 and 6 of HB 234 entitled an Act to prohibit and to regulate within the territorial limits of counties with population of between 36,000 and 37,000 for solicitation of votes at polling places, etc.

Section I.
Section 2 of HB 234 is amended by deleting therefrom the following words:
"the doors of all",
And substituting therefor the following words:
"any buildings or",
So that after amendment Section 2 shall read as follows:
"That on the day before each election, general or special, in such counties as designated in Section 1 of this Act, the police department of any incorporated town of such counties and the sheriff of said counties at voting precincts situated outside of incorporated towns shall establish a point not less than 200 yards from any buildings or 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 designate such points, and the area within such lines or designations next to the voting or polling place shall be known as 'the no solicitation of votes zone' on the day of election."

Section II.
Section 6 of House Bill No. 234 is amended by inserting between the word "officer'' and the words "to be present", the following words:

"or some person officially deputized by said sheriff in unincorporated areas",
So that after amendment Section 6 shall read as follows:
"Be it further enacted that it shall be the duty of the Chief of Police in incorporated towns in such counties and of the Sheriff and peace officers of such counties acting for the territory of such counties situated outside of incorporated towns on the day of each election to assign at least one police officer or some person officially deputized by said sheriff in unincorporated areas to be present at each voting place and each voting precinct in the territorial limits of all such counties from 7 a. m. to 7 p. m. o'clock, and such officers shall rigidly enforce the provisions of this Act."

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699

Mr. Matthews of Clarke moved that the House agree to the Senate amendments.
On the motion, the ayes were 103, nays 0.
The Senate amendments were agreed to.

The following Resolutions of the House were read and adopted:

HR 122. By Messrs. Covington of Floyd, Rogers of Heard, Abney of Walker, Smith of Carroll, and Murphy of Haralson:
A Resolution commending the Georgia Power Company for conducting the annual Champion Home Town Contest and the good work it is doing, and for other purposes.

HR 123. By Messrs. Pickett of Pickens and Pittard of Clarke:
A Resolution requesting the Supreme Court to extend for three years the rule granting veterans five points on the bar examination, and for other purposes.

HR 124. By Mr. Green of Rabun:
A Resolution congratulating the Wolf Fork Community for winning first place in the 1950 Farm Improvement Contest and the Atlanta Chamber of Commerce for its work in this field, and for other purposes.

HR 125. By Messrs. Twitty and Hand of Mitchell, Covington of Floyd, Smith of Emanuel, and many others:
A Resolution requesting the President of the United States and the office of OPS to take immediate action to modify the present unworkable order on the cotton farmer and industry, and for other purposes.

HR 126. By Messrs. Burgamy of Sumter, Black of Webster, Dorsey of White, and others:

A RESOLUTION
To provide for reimbursement to the messenger and doorkeeper of the House of Representatives and aides to the Speaker for certain expenses; and for other purposes.
WHEREAS no provision has been made for the reimbursement of the messenger and doorkeeper and aides to the Speaker of funds expended for necessary incidental expenses in connection with the proper performance of their duties;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the messenger and doorkeeper of the House of Representatives and the aides to the Speaker shall receive the sum of five dollars ($5.00) per day for each of the 70 days the House of Representatives is in session, for reimbursement of contingent expenses, and said amount shall be paid to the mesenger and doorkeeper and aides to the Speaker by the State Treasurer of Georgia from the funds

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appropriated for the maintenance and operation of their duties in connection with the General Assembly.
BE IT FURTHER RESOLVED that the provisions of this Resolution shall become effective as of the eighth day of January, 1951.

HR 21"-129c. By Messrs. Boone of Wilkinson, Lovett of Laurens and others:
A Resolution to favor the erection of a suitable memorial for the late Congressman Dudley M. Hughes. and for other purposes.

HR 61-303a. By Messrs. Johnson and Overby of Hall:
A Resolution to provide for a committee to consult with the officials of neighboring states for the purpose of developing and promoting the Poultry and Egg Industry of the State of Georgia, and for other purposes.

The following Bill of the House was withdrawn, read the second time and recommitted:
HB 548. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program; to provide for the use of Capital Outlay fund, 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 29. By Messrs. Hand and Twitty of Mitchell, Gowen of Glynn, Page of Chatham, Smith of Emanuel and Hood of Chatham:
A Bill to be entitled an Act to facilitate vehicular traffic in the State of Georgia by providing for the construction, and operation of turnpike projects; and for other purposes.
Mr. Smith of Emanuel moved that further consideration of HB 29, be postponed until Tuesday, February 13, 1951, immediately after the period of unanimous consent, and the motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 2.

By Messrs. Ray of Warren, Matthews of Clarke, Twitty of Mitchell, Key of Jasper, Langdale of Lowndes and many others:
A Bill to be entitled an Act to authorize the levy and collection of a general retailers sales and use tax, and for other purposes.

The following Senate amendments to HB 2, were read: Senator Millican of the 52nd:

MONDAY, FEBRUARY 12, 1951

701

Amend HB 2 by striking 16 (a), line 1, the word "March" and inserting the word "April".
Mr. Ray of Warren moved that the House agree to Senate amendment No.1.
On the motion, the ayes were 104, nays 0.
The Senate amendment No. 1, was agreed to.
Senator Millican of the 52nd:
Amend HB 2, Sec. 29, line 2 by striking the word "March" and inserting in lieu the word "April".
Mr. Ray of Warren moved that the House agree to Senate amendment No.3.
On the motion, the ayes were 118, nays 1.
The Senate amendment No. 3, was agreed to.
Senator Millican of the 52nd moves to amend HB 2, Sec. 29, line 2 by striking the word "March" and inserting in lieu the word "April".
Mr. Ray of Warren moved that the House agree to Senate amendment No.6.
On the motion, the ayes were 108, nays 0.
The Senate amendment No. 6, was agreed to.
Committee Amendments to HB 2 :
Amend Section 1 by adding after the word "retailer's" and "consumers."
Mr. Ray of Warren moved that the House agree to Senate amendment No.7.
On the motion, the ayes were 112, nays 0.
The Senate amendment No. 7, was agreed to.
Amend Section 2 line 6 by adding between the words "tangible property" the word "personal."
Amend Section 2 (a) after the word retail sale line 5 the words "or amount of taxes collected whichever be the greater."
Mr. Ray of Warren moved that the House agree to the Senate amendment No.8.
On the motion, the ayes were 111, nays 0.
The Senate amendment No. 8, was agreed to.
Amend Section 2 (c) line 3 by adding a comma after the word film.
Amend Section 3 (a) by striking said paragraph and inserting in lieu thereof the following:
"(a) 'Person' includes any individual, firm, copartnership, cooperative, non-profit membership corporation, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate

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or other group or combination acting as a unit, body politic or political sub-division, whether public or private, or quasi public, and the plural as well as the singular number."
Mr. Ray of Warren moved that the House agree to the Senate amendment No.9.
On the motion, the ayes were 116, nays 0.
The Senate amendment No. 9, was agreed to.
Amend Section 3 subsection 2 line 5 by adding after the word "product" the following: "nor shall such terms include industrial material, other than machinery and machinery repair parts, that are used directly in the fabricating, converting, or processing of articles of tangible personal property or parts thereof for resale."
Mr. Ray of Warren moved that the House agree to the Senate amendment No. 10.
On the motion, the ayes were 115, nays 0.
The Senate amendment No. 10, was agreed to.
Amend Section 3 subsection 3 paragraph (a) by changing the period to a comma at the end of said paragraph and inserting in lieu thereof the following:
Finance charges, carrying charges, service charges or interest from credit extended on sales of tangible personal property under conditional sale contracts or other conditional contracts providing for deferred payments of the purchase price, shall not be considered a part of the selling price of such property and shall not be added to the sale price for the purpose of computing the tax imposed by this Act.
Mr. Ray of Warren moved that the House agree to the Senate amendment No. 12.
On the motion, the ayes were 109, nays 0.
The Senate amendment No. 12, was agreed to.
Amend Section 3 subsection 2 by adding a paragraph to be known as (g) and reading as follows: the tax levied by this act shall not apply to the sale of water by municipal corporations or other political subdivisions of this State (not including mineral water or carbonated water, or any water put up in bottles, jugs, or other containers, all of which are not exempted.)
Mr. Ray of Warren moved that the House agree to the Senate amendment No. 15.
On the motion, the ayes were 121, nays 0.
The Senate amendment No. 15, was agreed to.
Amend Section 3 subsection 3 by adding a paragraph after the second paragraph and before subparagraph (a) and reading as follows: "gross sales" shall not include the federal retailers excise tax if this excise tax is billed to the consumer separately from the selling price of the product.

MONDAY, FEBRUARY 12, 1951

703

Mr. Ray of Warren moved that the House agree to the Senate amendment No. 16.
On the motion, the ayes were 122, nays 0.
The Senate amendment No. 16, was agreed to.
Amend Section 4 paragraph 5 line 2 by striking the last word of said line "of" and inserting in lieu the word "or."
Amend Section 4 paragraph 6 line 2 by adding between "tangible property" the word "personal."
Mr. Ray of Warren moved that the House agree to the Senate amendment No. 17.
On the motion, the ayes were 121, nays 0.
The Senate amendment No. 17, was agreed to.
Amend Section 12 paragraph (a) by adding at the end of said paragraph after the word consumer the following:
"(a) Notwithstanding any other provision, it is the purpose and intent of this Act that the tax imposed hereunder is, in fact, a levy on the purchaser or consumer of the tangible personal property or services described in this Act, and the levy on dealers as specified is merely as agent of the State for collection of said tax. Therefore, notwithstanding any exemptions from taxes which any dealer may now or hereafter enjoy under the constitution or laws of this or any other State, or of the United States, such dealer shall collect the tax imposed hereunder from the purchaser or consumer and shall pay the same over to the State Revenue Commissioner as herein provided."
Mr. Ray of Warren moved that the House agree to the Senate amendment No. 19.
On the motion, the ayes were 124, nays 0.
The Senate amendment No. 19, was agreed to.
Amend Section 14 by striking the same in its entirety and inserting in lieu a new Section 14 to read as follows:
Section 14. Any person taxable under this Act having both cash and credit sales may report such sales on either the cash or accrual basis of accounting, and each such person taxable hereunder shall make such election on the first return filed hereunder. Such election case made shall be irrevocable except that the Commissioner of Revenue may grant written permission to any such taxpayer upon written application therefor to change from one basis to the other under rules and regulations to be promulgated from time to time by the Commissioner. Any person reporting as herein provided on a cash basis ascounting shall in each report include all case sales made during the period covered by any such report and also collections made in any such period on credit sales of prior periods, but not including credit sales made prior to the effective date of this Act, and pay the tax thereon at the time of filing any such report.
Any person reporting as herein provided on the accrual basis of accounting shall be allowed a deduction for bad debts under the rules and

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regulations of the State Revenue Commissioner on the same basis that bad debts are allowed as a deduction on State income tax returns."
Mr. Ray of Warren moved that the House agree to the Senate amendment No. 22.
On the motion, the ayes were 112, nays 0.
The Senate amendment No. 22, was agreed to.
Amend caption of HB 2 by adding in line 2after the word retailer's the words "and consumers."
Further amend caption in line 27 by striking the figure 1% and inserting in lieu the figure 3%.
Further amend caption on page 2, line 5 and 6 by striking the following: "To provide for seizure and confiscation of vehicles and taxable property imported without a permit; to set up procedure after such seizure for confiscation;"
Further amend by striking from the caption on the fifteen line of page 2 "and a fee for such registration."
Further amend line 20, page 2 after the word "act" by adding
the following: "Provided, that counties, municipalities, can levy license occupational or franchise tax based on gross receipts."
Further amend line 20, page 2 by adding "providing for the effective date of this Act."
Mr. Ray of Warren moved that the House agree to the Senate amendment No. 26.
On the motion, the ayes were 114, nays 0.
The Senate amendment No. 26, was agreed to.
Mr. Ray of Warren moved that the House disagree to the following Senate amendments to HB 2, and the motion prevailed.
Senator Millican of the 52nd:
Amend HB 2, Sec. 16 (e) Line 7 by striking the word "Two" and inserting in lieu thereof the word "three."
Senator Millican of the 52nd:
Amend HB 2, Section 3, Sub Section 3, 2nd paragraph, Line 3 and 4 by striking the words "Except local messages which are paid for by inserting coins in coin-operated telephones".
Amend Section 3 subsection 2 (d) by striking same in its entirety and inserting the following in lieu thereof; Sales to the State of Georgia and any county or municipality of said state where such sales are made direct to and for the exclusive use of such State, County or Municipality, together with sales to hospital authority where the entire cost is from direct taxation, unless said sales are made in connection with the operation of a proprietary business conducted or to be conducted by a municipality or county, other than a water works system, and sales to the United States, but sales to corporations created

MONDAY, FEBRUARY 12, 1951

705

by or under the laws of the United States shall not be deemed sales to the United States.
Amend Section 3 subsection 2 (e) by striking same in its entirety and inserting in lieu the following:
"(e) The tax levied by this Act shall not apply to sale of good3 made pursuant to bona fide or written contracts entered into before the date of approval of this Act if delivery of such goods is made within ninety (90) days from the date of approval. Provided, however, that in the case of building supplies, fixtures or equipment that enter into or become a part of a building or other kind of structure in this State where plans, specifications and construction contract for a specific project has been entered into prior to the date of approval of this Act, the tax levied hereunder shall not apply on such building supplies, fixtures and equipment if delivery of same is made and effected prior to January 1", 1952, if the contractor files with the State Revenue Commissioner on forms and in the manner prescribed by him within thirty days after the approval of the within Act a record of all such contracts that were in existence on the aforesaid effective date of the within Act."
Amend Section 3 subsection 2 by adding a paragraph to be known as (f) and reading as follows: the tax levied by this tax shall not apply to sales of the Holy Bible.
Amend Section 4 paragraph 12 which is second paragraph on page 8 of engrossed bill line 5 after the word "interstate commerce" the following: "Provided that common carriers, including air lines, shall pay the tax according to this act upon all tangible personal property except the portion thereof attributable to materials, equipment and supplies for use interstate commerce, to be determined and apportioned in accordance with the interstate and intrastate business of the carrier under rules and regulations prescribed by the State Revenue Commissioner."
Amend Section 12 paragraph (d) by striking beginning with line 4 "by a fine" and the balance of the paragraph and inserting in lieu thereof, "as provided by law."
Amend Section 12 paragraph (e) line 6 by striking all of the paragraph beginning with the word "by a fine" and inserting in lieu thereof "as provided by law."
Amend Section 16 paragraph (a) by striking out the last sentence "the State Revenue Commissioner may by regulation, however, provide for quarterly returns, or upon application permit a dealer to file a return on such quarterly basis if found advisable."
Amend Section 18 by striking from the fourth line of Section 18 (f) the following:
"fined not less than One Hundred ($100.00) Dollars nor more than Three Hundred ($300.00) Dollars or be imprisoned in the county jail not less than thirty (30) days nor more than three (3) months, or shall be punished by both fine and imprisonment in the discretion of the Court."
And substituting in lieu thereof:

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"punished as provided by law."
Moves to amend HB 2 by striking Section 25 thereof and substituting in lieu of Section the following:
Section 25. No county, municipality, school district or political subdivision of the State, shall impose, levy, or collect a gross receipts, sales or use tax, or tax on amusement admission or services included in this Act; provided, however, that the provisions of this section shall not be construed to apply to a license, occupational or franchise tax based on gross receipts or on a gross receipts basis and provided further that no county or municipality shall be prohibited from levying or collecting an excise tax on distilled spirits, malt beverages, wines or other intoxicating liquors, based on gross receipts, or otherwise.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 439. By Messrs. McCracken of Jefferson, Ray of Warren, Smith of Emanuel and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act to establish a Minimum Foundation Program of Education in Georgia, by providing for an effective date of the Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 440. By Messrs. McCracken of Jefferson, Ray of Warren, Smith of Emanuel and Hand of Mitchell:
A Bill to be entitled an Act to amend an Act to establish a Minimum Foundation Program of Education, by fixing a budget for the Department of Education, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 510. By Messrs. Duncan of Carroll and McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act to establish a Minimum Foundation Program for Education to more clearly define the duties and authority of the State Board of Education, and for other purposes.
The following Committee Substitute to HB 510, was read:
A BILL
To be entitled an Act to establish a Minimum Foundation Program of Education in Georgia" etc., approved February 25, 1949,

MONDAY, FEBRUARY 12, 1951

707

and appearing in the Acts of the General Assembly of Georgia on pages 1406 to 1422 inclusive so as to more clearly define and establish the policy, the duties, and the authority of the State Board of Education with respect to a program of vocational education in Georgia for regular in-school youth, out-of-school youth, adults, teachertraining, and area schools, and to provide for the matching of Federal funds, and for other purposes.
Section 1
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same as follows, to wit:
1. That Section 19A of an Act of the General Assembly approved February 25, 1949, entitled An Act "To establish a Minimum Foundation Program of Education in Georgia", etc., appearing on pages 1406 to 1422 inclusive of the Acts of 1949, be stricken in its entirety from said Act and a new Section 19A be inserted therein to read as follows:
Section 19A. It is hereby declared to be the policy of the State of Georgia (1) to leave teachers of vocational subjects in the public school system of this state under the jurisdiction and control of the local Boards of Education, (2) to provide for a program of vocational education for out-of-school youth, adults, teacher-training, and area schools, under the jurisdiction of the State Board of Education, as provided in Section 22 herein, and (3) that Federal funds for vocational educati~n shall be expended in carrying out the State plan for vocational education in keeping with the requirement of Federal laws relating to vocational education, which amount shall not be less than six hundred thousand dollars annually, and (4) the State Board of Education is hereby charged with the responsibility of inaugurating and maintaining adequate facilities and opportunities for training in agriculture, home economics, distributive education, and trades where justified by established needs.
2. That said Act be further amended by striking therefrom Section 22 in its entirety and inserting in lieu thereof a new Section 22 to read as follows:
Section 22. The State Board of Education shall annually determine the funds needed to provide for a program of vocational education for regular in-school youth, out-of-school youth, adults, teachertraining, and area schools. Such funds shall be made available for such programs of education in accordance with rules and regulations established by the State Board of Education.
3. That said Act be further amended by inserting a new Section, to be known as Section 22A, to read as follows:
Section 22A. Any funds necessary for matching Federal funds for any project approved by the State Board of Education shall be made available by said Board from any availablt:> funds.
Section 2
Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The Committee Substitute to HB 510, was adopted.

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The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 422. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", and for other purposes.
Mr. Overby of Hall moved the previous question.
An amendment offered by Mr. Wood of Bibb, was read and lost.
The report of the Committee, which was favorable to the passage of the
bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 20.
The bill, having received the requisite constitutional majority, was passed.

HB 361. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend the Motor Common Carriers Act, by providing for the application of the said chapter to certain taxicabs, 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.

HB 329. By Mr. Smith of Emanuel:
A Bill to be entitled an Act providing a method of returning vehicles for property taxation and for State Registration purposes, and for other purposes.
Mr. Smith of Emanuel moved that further consideration of HB 329, be postponed until Tuesday, February 13, 1951, immediately after the period of unanimous consents, and the motion prevailed.
The House directed the Clerk to correct clerical errors in HB 485.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 443. By Messrs. Rogers of Heard, Stewart of Habersham and Murr of Sumter:
A Bill to be entitled an Act to provide for an alternate method of reporting and collecting Fertilizer Tax, and for other purposes.
Mr. Lovett of Laurens moved that further consideration of HB 443 be

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709

postponed until Tuesday, February 13, 1951, immediately after the period of unanimous consents, and the motion prevailed.

The following bill of the Senate was withdrawn from the Committee, read the second time and recommitted:

SB 98.

By Senator Millican of the 52nd:
A Bill to be entitled an Act to establish a joint city of Atlanta-Fulton County Planning and Zoning Board of Appeals, and for other purposes.

Mr. Twitty of Mitchell moved that the House do now adjourn until tomorrow morning at 9:00 o'clock, A. M., and the motion prevailed.

Leave of absence was granted to Mr. Harris of Wayne County.

The Speaker announced the House adjourned until 9:00 o'clock, A. M., tomorrow morning.

710

JOURNAL OF THE HOUSE,

REGULAR SESSION

Representative Hall, Atlanta, Georgia, February 13, 1951.

The House met pursuant to adjournment at 9 :00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offerE:d by the Chaplain, Rev. George H. Coker, Pastor, Macedonia Baptist Church, Manchester, Georgia.

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

Mr. Covington of Floyd gave notice that at the proper time he would movE:' that the House reconsider its action in passing HB 563.

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that thE: Journal of yeserday's proceedings had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

Mr. Covington of Floyd moved that the House rec()nsider its action in passing the following Bill of the House, to-wit:
HB 563. By ME:ssrs. Covington, ~coggin and Hall of Floyd:
A Bill to bE: entitled an Act providing for a supplement to the annual salary now provided by law for the Judge of the Superior Court of the Rome Judicial Circuit, and for other purposes.
The motion to reconsider prevailed.

By unanimous consent, thE: following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions. 3. Report of Standing CommittE:es.
4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of SE:nate Bills and Resolutions.
7. That the Speaker may in his discretion call up any bill on the General Calendar il~ any order that he dHires.

TUESDAY, FEBRUARY 13, 1951

711

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

HB 604. By Mr. Parker of Baldwin:
A Bill to be entitled an Act to provide that no motor common carrier shall carry more persons than there are seats available on such carrier for such persons, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 605. By Messrs. Henderson of Atkinson, Barber of Colquitt and Lewis of Hancock:
A Bill to be entitled an Act to provide that the county shall file with the Secretary of State a certified copy of the complete audit of fiscal affairs of the county within thirty days after said audit is prepared as required by law, and other purposes.
Referred to the Committee on Counties and County Matters.

HR 127-605a. By Mr. Adam:s of Upson:
A Resolution to compensate Mrs. Julia C. Palmer of the County of Spalding for injuries received and damages done her as a result of the negligence of the State of Georgia, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 128-605b. By Mr. Hall of Toombs:
A Resolution requesting the State Librarian to replace certain lost or destroyed law books for the County of Toombs, and for other purposes.
Referred to the Committee on Public Library.

HR 129-605c. By Mr. Adams of Upson:
A Resolution to ask the State Board of Corrections to pay George W. LaFray for an injury received while a prisoner of the- State of Georgia, and for other purposes.
Referred to the Committee on Special Approp1iations.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the- Senate and House to wit:
SB 80. By Senators Millican of the 52nd and Grayson of the 1st:
A bill to be entitled an Act to provide that members of the Employees Retirement System may transfer credits to Teachers' Retirement System; and for other purposes.

712

JOURNAL OF THE HOUSE,

SB 138. By Senator Chance of the 43rd and others:
A bill to be entitled an Act to repeal Sec. 24-3103 of the Code of G=orgia of 1933 relating to compensation of stenographers and reporters in civil cases, and for other purposes.

SB 197. By Senator King of the 24th:
A bill to be entitled an Act to repeal an Act entitled "An Act to create the office of CommissionH of Roads and Revenues of the County of Marion; and for other purposes.

SB 196. By Senator King of the 24th:
A bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for thf= County of Marion; and for other purposes.

SB 154. By Senator Willingham of the 39th:
A bill to be entitled an Act to Amend an Act entitled "The Revenue Certificate Law" approv~:.d March 31, 1937 by changing Sec. 3 (c) to provide Revenue anticipation certificates for the purpose of refunding or refinancing, in whole or in part, all outstanding revenue anticipations certificatts; and for other purposes.
SB 201. By Senator Hughes of the 32nd:
A bill to be entitled an Act to repeal the Act creating the Board of Commissioners of Roads and Revenues of Lumpkin County; and for other purposf=s.
SB 84. By Senator Duncan of the 34th, and others:
A bill to be entitled an Act to amend the Acts relating to the holding of all general, special and primary elections as to provide the time for holding elections shall be from 7 A.M., to 7 P.M., and for other purposes.
SB 194. By Senators Williams of the 19th, and Blalock of the 26th:
A bill to be entitled an Act to amtnd an Act known as the "Old Age Assistance Act" by including in said Act a section to provide for the responsibility of financially able children to support needy parents; and for other purposes.
SB 184. By Senator Millican of the 52nd:
A bill to amf=nd the charter of Atlanta, providing that vacancies in the office of Chief of Police or Chief of Fire Dept. shall be filled by Mayor and General Council; and for other purposes.

SB 155. By Senators Coffin of the 12th, Rawls of the lOth:
A bill to authorize the counties and municipalities to acquire industrial enterprises and to issue bonds or other obligations therefor; and for other purposes.

TUESDAY, FEBRUARY 13, 1951

713

SB 61. By Senator Williams of the 19th:
A bill to fix the penalty for operating a motor vehicle or motorcycle while under the influence of intoxicating drugs; and for other purposes.

SB 12. By Senator Branch of the 47th, and others:
A bill to be entitlE":d an Act to amend an Act creating the office of Judge of the Superior Court, Emeritus; and for other purposes.

SB 57. By Senator Williams of the 19th:
A bill to be entitled an Act to provide for inspection, discovery, and production, in criminal casE":s where the evidence of the State shall relate to ballistics; and for other purposes.

SB 144. A bill to be entitled an Act to make communications to ministers privileged; and for other purposes.

SR 26. A resolution authorizing the Commissioner of Revenue to issue Special License Plates to Motor Vehicle operated by the Society of the 40 & 8; and for other purposE":s.

SR 56. A resolution authorizing the Treasurer to dispose of certain records in the Treasury Dept.

HB 107. A bill to be entitled an Act to amend an Act creating a DE":pt. of Public Safety; and for other purposes.

HB 106. A bill to be entitled an Act amending an Act making it mandatory for all county officers who give bond to give a surety bond; and for other purposes.

HB 170. A bill to be entitled an Act to amend an Act revising the adoption laws; and for other purposes.

HB 383. A bill to be entitled an Act amending an Act known as the Housing Authorities Law; and for other purposes.

HB 116'. A bill to be entitled an Act amending the Code secton relating to incompetency of witnesses; and for other purposes.

HB 100. A bill to be entitled an Act relating to the cession of the United States, by deleting therefrom the provision that thE": State retains its civil and criminal jurisdiction over persons and citizens in the ceded territory; and for other purposes.

HB 433. A bill to be entitlE":d an Act amending an Act providing for the office of County Treasurer of Brantley County; and for other purposes.
HB 470. A bill to be entitled an Act amending an Act creating a Board of Commissioners of Roads and RevenuE":s for the County of Bacon; and for other purposes.

714

JOURNAL OF THE HOUSE,

HB 446. A bill to be entitled an Act pr<>viding that Clerk of the Superior Court shall attend the trial in the Court of Ordinary in cases of violation of traffic laws in c::rtain counties; and for other purposes.

HB 449. A bill to be entitled an Act providing for the holding of terms of the Superior Court in Dawson County; and for other purposes.

HB 451. A bill to be entitl~d an Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Dawson; and for other purposes.

HB 306. A bill to be entitled an Act to amend an Act abolishing the fee system in th~ Superior Courts of the Pataula Judicial Circuit; and for other purposes.

HB 337. A bill to be entitled an Act requiring Jury Commissioners in certain counties to place all tickets containing the names of traverse jurors in one box; and for other purpos~s.

HB 411. A Bill to be entitled an Act amending the Act establishing the City Court of Carrollton; and for other purposes.

HB 431. A bill to be entitled an Act fixing the compensation for the Coroner of Cobb County; and for other purposes.

The Senate has adopted the following resolutions of the House.

HB 116. Proposing that oDirector of Dept. of State Parks be authorized to negotiate with the Federal Government; and for other purposes.

HR 117. A resolution requ~sting that the State and Federal Income Tax Depts. grant members of General Assembly a 60 day extension for filling State and Federal incom~ tax returns.

HR 118. A resolution creating a Georgia Navy to define the ranks therein; and for other purposes.
Mr. Speaker:
The Senate has agr~ed to the House amendment to the following bill of the Senate to wit:

SB 18. By Senator Grayson of the 1st:
A bill to amend that certain Act approved August 7, 1925 and incorporated in the Acts of the General Assembly 1925, page 1451 to 1468, cr~ating "The Savannah Port Authority for the Harbor and Port of Savannah, a body corporate and politic" by changing the name to the "Savannah District Authority"; and for other purposes.
The Senate has passed as amended by the requisite constitutional majority the following bills and resolutions of th~ House to wit:

TUESDAY, FEBRUARY 13, 1951

715

HB 343. By Messrs. Barber and Short of Colquitt:
A bill to amend the charter of the city of Moultrie in reference to the rights and powers of the Mayor, Council, city manager, the clerk, the registration of voters, the holding of election; and for other purposes.
The Senate has passed by Substitute, as amended, the following bill of the House to wit:
HB 277. By Messrs. Scoggin and Covington of Floyd, and others:
A bill authorizing the Board of Commissioners of Roads and Revenues for Floyd County to establish rules and regulations governing the payment of pensions to county employees of said county; to provide how county employees may make application for retirement pay; and for other purposes.

The Senate has passed by substitute the following bill of the House to wit:
HB 43. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee, and others:
A bill to create the Department of Revenue to provide for the appointment, etc., of a State Revenue Commissioner and a Deputy State Revenue Commissioner; for the organization of the Department and the administration and enforcement of the tax laws; and for other purposes.

Mr. Speaker:
The Senate has agreed to the House Amendment to the following bill of the Senate:

SB 20. By Senator Grayson, of the 1st:
A Bill entitled an Act amending the Several Acts crf>ating, incorporating, and relating to the Mayor and Aldermen of the City of Savannah. Amendatory thereof and supplementary thereto, repealing all laws in conflict herewith, and for other purposes.

The Senate has agreed to the House Amendment to the following bill of the Senate:

SB 21. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend the charter of the Mayor and Alderman of the City of Savannah by submitting to the qualified voters of the City of Savannah in a referendum election the proposition as to whether or not the mayor and Aldermen form of government shall be continued as the government of the City of Savannah.

Mr. Speaker:
The Senate had adopted the conference committee report on the following bill of the House:

716

JOURNAL OF THE HOUSE,

HB 26. By Messsrs. Hopkins of Charlton, Adams of Brantley, Key of Jasper, Edenfield of Emanuel and others:
A bill to regulate the making and manufacturing and selling of domestic and foreign wines and for licensing of retail and wholesale dealers; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bill of the Senate to wit:

SB 190. By Senators Mashburn of the 33rd, and Williams of the 21st:
A bill to amend an Act known as the "Old Age Assistance Act" and for other purposes.

Mr. Nightingale of Glynn County, Chairman of the Committee on Amendments to the Constitution #2, submitted the following report:
Mr. Speaker: Your Committee on Amendments to the Constitution #2 has had under
consideration the following Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 24. Do Pass.
SR 36. Do Pass.
SR 38. Do Pass.
HR 55-27ld. Do Pass.
HR 100-476b. Do Pass, as Amended.
HR 119-575a. Do Not Pass.
Respectfully submitted,
Nightingale of Glynn,
Chairman.

Mr. Alverson of Fulton 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 considera-
tion the following Bills of the House and Senate and has instructed me as Chair-
man, to report the same back to the House with the following recommendations:
HB 600. Do Pass.
SB 183. Do Pass.
SR 45. Do Pass.
SB 193. Do Pass.
SB 180. Do Pass.

TUESDAY, FEBRUARY 13, 1951

717

SB 181. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman,

Mr. Duncan of Carroll County, Chairman of the Committee on Education #1, submitted the following report:
Mr. Speaker:
Your Committee on Education #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 548. Do Pass.
Respectfully submitted,
Duncan of Carroll,
Chairman.

Mr. Brazeal of Terrell County, Chairman of the Committee on Public Highways #1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways #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 594. Do Pass.
SB 86. Do Not Pass.
Respectfully submitted,
Brazeal of Terrell,
Chairman.
Mr. Raulerson of Pierce 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 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:
HR 107-517m. Do Pass. SR 34. Do Pass. SB 75. Do Not Pass.
Respectfully submitted, Raulerson of Pierce, Chairman.

718

JOURNAL OF THE HOUSE,

Mr. Barber of Colquitt County, Vice-Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker: Your Committee on Municipal Governme,nt 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 recomme,ndations:
HB 602. Do Pass. HB 191. Do Pass.
HB 603. Do Pass. Respectfully submitted, Barber of Colquitt,
Chairman.

Mr. Murr of Sumter County, Chairman of the Committee on Pensions, submitted the following report:
Mr. Speaker: Your CommitteE:~ on Pensions 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 54. Do Pass.
Respectfully submitted,
Murr of Sumter,
Chairman.

Mr. Smiley of Liberty 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 78-361c. Do Pass as Amended. HR 92-402b. Do Pass.
HR 87-383c. Do Pass.
HR 63-303c. Do Pass.
Re,spectfully submitted, Smiley of Liberty, Chairman.
Mr. Smith of Carroll County, Chairman of the Committee on Special Judiciary, submitted the following report:

TUESDAY, FEBRUARY 13, 1951

719

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 513. Do Pass.
HB 597. Do Pass.
R:spectfully submitted, Smith of Carroll,
Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following Bill 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 595. Do Pass.
HB 601. Do Pass.
SB 142. Do Pass.
SR 5. Do Pass.
SR 35. Do Pass.
Respectfully submitted,
McCracken of Jefferson,
Chairman.

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined the following Bills and Resolutions of the House and find them properly engrossed:
HB 371. HB 434. HB 439. HB 440.
HB 447.
HB 448.
HB 476'.

720
HB 491. HB 493. HB 494. HB 495. HB 496. HB 510. HB 518. HB 519. HB 520. HB 522. HB 528. HB 530. HB 540. HB 550. HB 551. HB 552. HB 553. HB 554. HB 555. HB 556. HB 557. HB 558. HB 559. HB 560. HB 561. HB 564. HB 565. HB 567. HR 21-129c. HR 61-303a. HR 123. HB 361. HB 422. HR 125.

JOURNAL OF THE HOUSE.

TUESDAY, FEBRUARY 13, 1951

721

HB 563. HB 533. HB 112. HB 185. HB 400. HB 443.

Respectfully submitted, Green of Rabun, Chairman.

Mr. Dorsey of White County, Chairman of the Committee on Enrolling, submitted the following report: Mr. Speaker:
Your Committee on Enrolling has examined the following Bills and Resolutions of the House, and finds the same properly enrolled:
HB 224. HB 344. HB 305. HB 233. HB 253.
Respectfully submitted, Dorsey of White, Chairman.

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

HB 513. By Messrs. Robertson and Cranford of Coweta:
A Bill to be entitled an Act to amend an Act relating to fees of the Ordinary in restoration proceedings involving a person who has been adjudged insane, and for other purposes.

HB 594. By Mr. Overby of Hall:
A Bill to be entitled an Act to prohibit the alteration or interference with the roads or right of ways belonging to the State Highway 5ystem, and for other purposes.

HB 595. By Messrs. McCracken of Jefferson, Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act authorizing the State Board of Health to

722

JOURNAL OF THE HOUSE,

lease, build and operate a general hospital at Augusta, Georgia, and for other purposes.

HB 597. By Messrs, Burgamy and Murr of Sumter, and Black of Webster.
A Bill to be entitled an Act to amend an Act providing that parents who abandons a child shall be guilty of a Felony, and for other purposes.

HB 600. By Messrs. Brantley and Adams of Upson:
A Bill to be entitled an Act to amend an Act relating to the fees of Coroners and Jurors in certain counties, to change the population figures, and for other purposes.

HB 601. By Messrs. Graham, Holley, and Bell of Richmond:
A Bill to be entitled an Act to amend an Act to abolish the Office of Public Safety Commissioner of the City of Augusta, and for other purposes.

HB 602. By Mr. Wilkes of Cook:
A Bill to be entitled an Act to amend an Act creating the city charter of the City of Adel, and for other purposes.

HB 603. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point; to authorize the city to remove condemned property at the owners expense, and for other purposes.

HR 55-271d. By Mr. Johnson of Hall:
A Resolution proposing an amendment to change the term of the General Assembly; to fix annual salaries of members of the General Assembly, and for other purposes.

HR 63-303c. By Mr. Harris of Wayne:
A Resolution to compensate Wilford T. Blanton for damages to personal property, and for other purposes.

HR 78-36lc. By Mr. Adams of Upson:
A Resolution to compensate H. E. Hartsfield and mother for injuries received in accident with vehicle owned by the State Highway Patrolmen, and for other purposes.

HR 87-383c. By Mr. Barber of Jackson:
A Resolution by the House and Senate directing the State Highway Department to pay damages to Paul E. King, and for other purposes.

HR 92-402b. By Mr. Walker of Telfair: A Resolution to authorize the State Board of Corrections to reimburse

TUESDAY, FEBRUARY 13, 1951

723

T. J. Wells for damages to his automobile, and for other purposes.

HR 100-476'b. By Messrs. Kidd and Parker of Baldwin:
A Resolution proposing an amendment to provide for the election of members of the County Board of Education of Baldwin County, and for other purposes.

HR 107-517b. By Messrs. Overby of Hall, and Covington of Floyd:
A Resolution to authorize the Boy Scouts to erect a replica of the Statue of Liberty on the Capitol Grounds, and for other purposes.

SB 54. By Senators Harden of the 45th, Rawls of the lOth, and others:
A Bill to be entitled an Act to make provisions for the coverage of certain officers and employees in the Federal Social Security Act, and for other purposes.

SB 142. By Senator Williams of the 19th:
A Bill to be entitled an Act to confer upon Ordinaries, Boards of County Commissioners, etc., sitting for county purposes, power to release certain property, and for other purposes.

SB 180. By Senator Oliver of the 54th:
A Bill to be entitled an Act to amend an Act to establish the City Court of Reidsville, and for other purposes.

SB 181. By Senator Oliver of the 54th:
A Bill to be entitled an Act to amend an Act establishing the County Police force of Tattnall County, and for other purposes.

SB 183. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the County Manager Law in counties of a certain population, and for other purposes.

SB 191. By Senator Coleman of the 18th:
A Bill to be entitled an Act to amend the Charter of the Town of Hephzibah, and for other purposes.

SB 193. By Senators Farrar of the 42nd, and Mavity of the 44th:
A Bill to be entitled an Act to supplement the salary of the Judge of the Superior Courts of the Lookout Judicial Circuit, and for other purposes.

SR 5. By Senators Willingham of the 39th, Rawls of the lOth, and others:
A Resolution proposing an amendment to defray the cost of all activities incident to providing an adequate system of public roads and bridges in this State, and for other purposes.

724

JOURNAL OF THE HOUSE,

SR 24. By Senators Connell of the 6th, Rawls of the lOth, Carlisle of the 7th, and others:
A Resolution proposing an amendment to authorize the General Assembly to prescribe other and different salaries of all elective officers set out in the Constitution, and for other purposes.

SR 34. By Senators Rawls of the lOth, Hargreaves of the 5th, and many others:
A Resolution adopting the song "Our Georgia" written by James B. Burch, as official waltz of Georgia, and for other purposes.

SR 35. By Senators Connell of the 6th, Rawls of the lOth, and Carlisle of thf 7th:
A Resolution requesting the Congress of U. S. to repeal the laws de claring the welfare rolls of a confidential nature, and for other pur poses.

SR 36. By Senator Millican of the 52nd:
A Resolution authorizing an amendment to the Constitution of 1945, and for other purposes.

SR 38. By Senator Millican of the 52nd:
A Resolution proposing an amendment to enlarge and change the powe:r of the General Assembly in relation to taxation in Fulton County, and for other purposes.

SR 45. By Senator Farrar of the 42nd:
A Resolution directing the State Librarian to furnish law books to the Superior Court of Chattooga County, and for other purposes.

By unanimous consent, the following Bill of the House was again taken up for consideration:
HB 563. By Messrs. Covington, Scoggin, and Hall of Floyd:
A Bill to be entitled an Act providing for a supplement to the annual salary now provided by law for the Judge of the Superior Gourt of of the Rome Judicial Circuit, and for other purposes.
The following Substitute to HB 563, was read:
Substitute for HB 563.
To be entitled an Act providing for a supplement to the annual salary now provided by law for the Judge of the Superior Court of the Rome Judicial Circuit; to provide the amount thereof and to provide the method and means of payment; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 13, 1951

725

Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1. That from and after the passage of this Act the salary of the Judge of the Superior Court of the Rome Judicial Circuit shall be supplemented by the annual payment of One Thousand Dollars ($1,000.00) and may be supplemented by the payment of additional sum of Six Hundred Dollars ($600.00) in the discretion of the County Board of Roads and Revenues, payable by the Treasurer from general tax funds of Floyd County, Georgia.
Section 2. The Board of County Commissioners of Roads and Revenues or other authorities having control of expenditures of county funds of Floyd County are hereby required to supplement the salary of the Judge of the Superior Court of the Rome Judicial Circuit in the amount of One Thousand Dollars ($1,000.00) per annum, and in the discretion of the Board of County Commissioners of Roads and Revenues they may add the additional sum of Six Hundred Dollars ($600.00) annually, said sum to be divided into equal monthly payments, payable on the first of each month from the treasury of said county. Said sum shall be in lieu of any other supplement now provided by law and shall be in addition to the amount now fixed by law and payable from the treasury of the State of Georgia. Said sum of Six Hundred Dollars ($600.00) which is payable in the discretion of the Board may be authorized at any meeting of the Board after the adoption of this Act and shall then be paid throughout the duration of the term of said Judge.
Section 3. Be it further enacted that it shall be the duty of the Board of County Commissioners of Roads and Revenues or other authorities having control of county matters, to make provisions when levying taxes for the expenses of the courts, for the levying and collection of sufficient taxes for the purposes of paying the salary supplement as herein provided and the power to levy taxes for such purposes is hereby delegated to the proper authorities of said county.
Section 4. This Act shall become effective on the first day of the month following its enactment into law:
Section 5. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act are hereby repealed.
The Substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 569. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to amend the charter of the City of Rossville, to prescribe the duties of the Mayor, and for other purposes.

726

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.

HB 568. By Messrs. Abney and Campbell of Walker:
A Bill to be entitled an Act to amend the Charter of 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 501. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A Bill to be entitled 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 576. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues for Ben Hill County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 579. By Mr. Mangum of Columbia:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the Town of Harlem, and for other purposes. The report 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 581. By Messrs. Bell, Mackay, and McWhorter of DeKalb:
A Bill to be entitled an Act to create a Civil Service System in DeKalb County, and for other purposes.

TUESDAY, FEBRUARY 13, 1951

727

The report 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 582. By Messrs. Bargeron and Cates of Burke:
A Bill to be entitled an Act to create a new charter for the Town of Ginard, and for other purposes.
The report 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 583. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 584. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to authorize closing of certain streets and alleys in the City of Cochran, and for other purposes.
The report 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 585. By Messrs. Bargeron and Cates of Burke:
A Bill to be entitled an Act to authorize the Board of Commissioners of Roads and Revenues of Burke County to supplement the salary of Judge of Superior Court, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 586. By Messrs. Bell, Graham, and Holley of Richmond:
A Bill to be entitled an Act to authorize the Commissioner of Roads and Revenues of Richmond County to supplement the salary of the Judge of the Superior Court of Augusta Circuit, and for other purposes.

728

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The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 587. By Mr. Aycock of Jenkins:
A Bill to be entitled an Act to provide for the Coroner of Jenkins County to receive a salary Qf $800.00 per annum in lieu of fees now received, and for other purposes.
The report 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 589. By Messrs. Matthews and Pittard of Clarke:
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 Clarke, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 591. By Messrs. Bell, Graham, and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to include the Probation Officer of the City Court of Richmond County in the Pension Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 592. By Messrs. Johnson, and Overby of Hall:
A Bill to be entitled an Act to amend an Act to amend the charter Qf 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 118, nays 0. The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 13, 1951

729

HB 593. By Mr. Mishoe of Tattnall:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Glennville, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, tht! ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 588. By Messrs. McWhorter, Bell and Mackay of DeKalb.
A Bill to be entitled an Act to amend an Act to provide for the use of voting machines, for casting, registering and recording and computing ballots at all elections, including primaries, 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.

HB 578. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing a pension system for county policemen and firemen 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 580. By Messrs. Alverson, H. Smith, and M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act to supplement the salaries of the Judges of the Superior Court of Fulton County as paid by 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 566'. By Messrs. Bell and Graham of Richmond and Tarbutton of Washington:
A Bill to be entitled an Act to amend an Act to incorporate the Augusta and Waynesboro Railroad, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

730

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 12. By Senators Branch of the 47th, Connell of the 6th, and Hargreaves of the 5th: A Bill to be entitled an Act to am~nd an Act creating the office of Judge of the Superior Court, Emeritus, and for other purposes.
Referred to the Committee on General Judiciary #2.
SB 57. By Senator Williams of the 19th:
A Bill to be entitled an Act to provide for inspection, discovery, and production, in criminal cases where the evidence of the State shall relate to ballistics, fire arms identification, blood, etc., and for other purposes.
Referred to the Committee on General Judiciary #2.

SB 61. By Senator Williams of the 19th:
A Bill to be entitled an Act to amend an Act relating to the penalties for the violation of the laws relating to motor vehicle licenses, registration and operation of motor vehicles, and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 80. By Senator Millican of the 52nd, and Grayson of the 1st:
A Bill to be entitled an Act to provide that members of the Employees Retirement System of Georgia who become subject to the provisions of the Teachers' Retirement System of Georgia may transfer their credits to the Teachers' Retirement System, and for other purposes.
Referred to the Committee on Education #2.
SB 84. By Senators Duncan of the 34th, Millican of the 52nd, Trotter of the 37th, and others:
A Bill to be entitled an Act to amend an Act to provide for the hours of holding all general, special and primary elections in the State of Georgia, and for other purposes.
Referred to the Committee on State of Republic.

SB 138.By Senators Chance of the 43rd, Akins of the 40th, and others: A Bill to be entitled an Act to repeal an Act relating to compensation of stenographers and reporters in civil cases, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 144. By Senator Rawls of the lOth: A Bill to be entitled an Act to make communications to ministers privileged; and for other purposes.
Referred to the Committee on General Judiciary # 1.

TUESDAY, FEBRUARY 13, 1951

731

SB 154. By Senator Willingham of the 39th:
A Bill to be entitled an Act to amend an Act entitled "The RevenueCertificate Law, and for other purposes .
Referred to the Committee on General Judiciary #1.

SB 155. By Senators Coffin of the 12th, Rawls of the lOth, and others:
A Bill to be entitled an Act to authorize the counties and municipalities to acquire industrial enterprises and to issue bonds or other obligations therefor; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 184. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta providing that vacancies in the office of Chief of Police and Chief of the Fire Department to be filled by the Mayor and General Council, and for other purposes.
Referred to the Committee on Municipal Government:

SB 186. By Senator Duncan of the 34th:
A Bill to be entitled an Act to amend an Act creating the City Court of Gwinnett County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 192. By Senator Farrar of the 42nd:
A Bill to be entitled an Act to amend the Charter of the Town of Trion, and for other purposes.
Referred to the Committee on Municipal Government.

SB 194. By Senators Williams of the 19th, and Blalock of the 26th:
A Bill to be entitled an Act to amend an Act known as. the "Old Age Assistance Act, by including a section to provide for the responsibility of financially able children to support needy parents applying for Old Age Assistance, and for other purposes.
Referred to the Committee on State of Republic.

SB 196. By Senator King of the 24th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Marion, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 197. By Senator King of the 24th: A Bill to be entitled an Act to repeal the Act creating the office of

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Commissioner of Roads and Revenue for Marion County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 201. By Senator Hughes of the 32nd:
A Bill to be entitled an Act to repeal an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues for the County of Lumpkin, and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 26. By Senator Gould of the 4th:
A Resolution authorizing the Commissioner of Revenue to issue Special License Plates to Motor Vehicles operated by the Society of the Forty & Eight of The American Legion, and for other purposes.
Referred to the Committee on Veterans Affairs:

SR 56. By Senator Williams of the 21st:
A Resolution authorizing the Treasurer to dispose of certain records in the Treasury Department, and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the following Bill of the Senate was placed on the calendar to consider the unfavorable report of the Committee:
SB 86. By Senators Edenfield of the 2nd, Gould of the 4th, Mavity of the 44th, and others:
A Bill to be entitled an Act to provide that all law enforcement officers who are engaged in enforcing traffic regulations shall be in uniform approved by Director of Public Safety, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn,
read the second time and recommitted to the Committee on Education # 1:
HB 219. By Messrs. Boggus of Ben Hill, Green of Irwin, Twitty of Mitchell, Murr of Sumter, Walker of Telfair, and others:
A Bill to be entitled an Act to provide for insuring children attending public schools of the State of Georgia who are transported on school busses, and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 277. By Messrs. Scoggin, Hall and Covington of Floyd:
A Bill to be entitled an Act authorizing the Board of Commissioners

TUESDAY, FEBRUARY 13, 1951

733

of Roads and Revenues for Floyd County to establish rules governing pensions for employees, and for other purposes.

The following Senate Substitute to HB 277, was read:
Senate Substitute to House Bill No. 277
Floyd County Employees' Pension Code
An Act authorizing the Board of Commissioners of Roads and Revenues for Floyd County to establish rules and regulations governing the payment of pensions to county employees of said county; to provide how county employees may make application for retirement pay; to provide how employees may be classified; to provide the maximum amount of retirement pay or pension that any employee may receive; to provide how present employees may apply for retirement pay and how future employees may be authorized to do so; to provide for the method of raising funds for said purposes and the method and manner of how the same shall be raised; to authorize said commissioners to levy a tax for the purpose of paying pensions and to appropriate money therefor; to provide how the widows and minor children of employees killed in the service of the county may be subject to retirement pay or pension funds from said pension fund; to provide that employees of said county under the direct jurisdiction of the commissioners come under the terms of this Act; to provide how and under what conditions employees may come under the terms of this Act; to provide that employees of the elective officers are excluded from the terms of this Act; to provide that only those county employees are eligible for said pension who are ineligible for said pension who are ineligible for any other pension benefit; to provide the effective date of this Act; to provide a short title for this Act; to provide a separability clause; and for other purposes.
Section 1. The short title of said Act shall be the "Floyd County Employees' Pension Code." Said short title may be hereafter employed for all purposes to properly describe said Act.
Section 2. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Commissioners of Roads and Revenues with their other duties and responsibilities placed upon them by law and empowered to establish rules and regulations governing the payment of pensions to county employees of Floyd County, as in this Act set out.
Section 3. Be it further enacted by the authority aforesaid, that it shall be the duty of the governing authorities of said county to pass on all applications from employees of Floyd County who may become eligible for the "Standard Service Pension" and those who may become eligible for the "Service Connected Disability Pension" and those who may become eligible for the "Partial Pension For Disability From Other Cause After Ten (10) Years of Service" for pension or retirement pay from Floyd County and to pay same in the manner and form and under the conditions and limitations hereinafter set forth, and subject to the rules and regulations for the same which may be adopted by Commissioners of Roads and Revenues for Floyd County. After the granting of such pensions, the pensions shall thereafter be paid under the supervision of said county authorities who may dis-

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continue the same in the manner hereinafter set out and prescribed.
Section 4. Be it further enacted by the authority aforesaid, that the commissioners or other lawful county authority of Floyd County shall be authorized to create a pension fund in the manner and form set out in this Act and to levy taxes to pay the same, and to discontinue the payment of the same in the manner and for hereinafter set out and such other rules and regulations prescribed by the Commissioners of Roads and Revenues for Floyd County, Georgia.
Section 5. Be it further enacted by the authority aforesaid, that the following classes of employees of said county shall be eligible to receive pensions under the conditions and limitations hereinafter set out and the following classes of pensions are hereby established.
(a) Standard Service Pension: Any regular employee of Floyd County (male or female) who has reached the age of Sixty (60) years and who has served well and faithfully for a period of twenty-five (25) years or more (of which said service five (5) years or more must have been immediately preceding the right of said employees to have benefits under this Act), may, upon application to the said Commissioners of Roads and Revenues for Floyd County be retired from active service, if in the opinion of the Commissioners of Roads and Revenues for Floyd County such employee is entitled to said retirement, and said retirement, and said employee, if retired, shall receive for the balanced of his or her life retirement benefits a monthly pension in the amount of one-half ( .!) his or her "Average Monthly Salary," as defined herein, but not exceeding one hundred dollars ($100.00) per month.
"Average monthly salary or wage" as used in this Act shall mean an amount equivalent to the average monthly salary or wages paid during the two (2) consecutive calendar years that such member drew his or her highest monthly salary or wage. To illustrate, if an applicant for a pension who is sixty-five (65) years of age and who has completed twenty-five (25) years of service on the pay roll of said county received during the two (2) consecutive years in which such applicant drew the highest monthly salary or wage an average monthly salary or wage of two hundred ($200.00) dollars per month, such qualified applicant would be entitled to an allowance of a pension or retirement pay in the sum of one hundred ($100.00) dollars per month, which allowance is one-half (% ) of such average monthly salary or wage and also not in excess of the maximum provided by this law.
(b) Service Connected Disability Pension. Any regular employee (male or female) of Floyd County who shall be permanently and totally disabled in the performance of his duty as such employee, by accidental injuries suffered while engaged and while acting in the scope of his employment may be granted a pension to be paid monthly by the Commissioners of Roads and Revenues for Floyd County, in an amount not to exceed one-half the "Average Monthly Salary or Wage," as defined herein, paid to such employee by said Floyd County; provided, however, that such pension shall in no event exceed the sum of one hundred ($100.00) dollars per month; provided, further, that the permanent and total disability aforesaid shall be established by the sworn written statements of at least two competent, reputable and practicing physicians of Floyd County, one of whom shall be a regu-

TUESDAY, FEBRUARY 13, 1951

735

larly appointed county physician; and provided further that said Commissioners aforesaid in regular meeting assembled shall vote by a majority of said board in favor of granting said pension and retirement pay to such employee and such action of said board shall be spread upon the minutes of said board. The pension provided for in this paragraph may be granted irrespective of the term of service of such employee.
(c) Partial Pension For Disability From Other Cause After Ten (10) Years of Service. Any such employee who is not otherwise entitled to a pension under this law and who has been in the active service and on the payroll of said county for ten (10) years or more (of which said service three (3) years or more must have been immediately preceding the right to have benefits under this Act) and whose health during said period of service becomes totally and permanently impaired to the extent of being unable to perform his duties by reason of injury, ill health, age or infirmity, shall be entitled to retire and to receive as a pension to be paid monthly an amount proportionate to the total number of whole years of service to the county by such employee. Said amount shall be calculated as a fractional part of onehalf the average monthly salary. The denominator of such proportion shall be 25 in all cases, and the numerator shall be such arabic figure not to exceed twenty-five (25) as denotes the number of whole years of service of such employee to the County. If such employee at the time of applying for such disability pension has spent twenty-five (25) years or more in the service of Floyd County, the amount of such disability pension shall be 25/25 of one-half (%) of the average monthly salary or wage of such member as defined by this Act, but not exceeding one hundred ($100.00) dollars per month in any instance. To illustrate, an employee whose health becomes totally and permanently impaired after eleven (11) years of service (of which years of service the three (3) last years had been continuous) and otherwise qualified under this Act, whose average monthly salary or wage if $175.00 per month, would be entitled to a pension of 11 j25 of one-half (%) of $175.00 per month, that is, a pension in the amount of $38.50 per month. No pension shall exceed one hundred dollars ($100.00) per month.
Said disability pension for disability after ten (10) years or more of service shall be paid without regard to the age of the applicant and for the period provided by this Act.
Payment of Disability Pension Conditional on Continuance of Disability. Any disability pension provided by any section of this Act for disability from any cause, that is, either the service-connected disability pension or the disability pension allowed after ten (10) years or more of service (of which ten (10) years the last three (3) years or more of service must have been continuous as herein defined) shall be allowed and paid to a disabled member only during the continuance of such disability as defined by this Act. If a question should arise at any time as to the continuance of such disability and the eligibility for that reason of the pensioner to continue to receive a pension, then such question of disability shall be determined as set out in the remainder of this section.
For the purpose of ascertaining whether or not disability of a pensioner continues, the Board of Commissioners of Roads and Revenues shall from time to time be authorized to investigate and inquire

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into the physical condition of such pensioner and (if said Board deems it advisable) have such pensioner examined by the county physician and to make a new finding based upon such examination and the evidence regarding continuance of disability. In passing upon any question of continuance of disability, said Board of Commissioners of Roads and Revenues may receive and consider the reports and recommendations of physicians who have examined the pensioner, and either party shall have the right to submit medical and other competent evidence on the question of continuance of disability as herein defined, and the judgment of the Board upon this issue shall be entered on the minutes of the Board. If the applicant excepts to the judgment Qf the Board the applicant must do so in writing and file his exceptions with the Board within ten (10) days from the date of said judgment. The applicant may submit any question of continuance of disability to arbitration of three (3) licensed physicians of this State, one of whom shall be selected by the applicant and one by Floyd County and the third to be selected by the two physicians so chosen by the parties, and such notice of arbitration shall be filled within ten (10) days from the date of judgment with the Board. Such arbitrators shall have the right to examine the applicant and hear evidence upon the question of continuance of disability to the same extent as the Board of Commissioners of Roads and Revenues, and the written report of said arbitrators or a majority of them upon the question of continuance of disability duly returned to the Board of Commissioners of Roads and Revenues and entered on its minutes shall constitute a final judgment upon the issue as to whether such disability then exists. If, upon such investigation, it should be determined by the Board of Commissioners of Roads and Revenues or by the arbitrators as herein provided that such disability or impairment of health has ceased then no further pension or retirement benefit shall be paid or payable to such pensioner or his beneficiary herein named based upon the same disability.
Section 6. Should any employee who has contributed to said pension fund the three (3%) per cent contributions required by Section 8 of said Act be hereafter killed in the performance of duty as such employee, then his surviving widow (and in the event he has no surviving widow, his "qualified minor child" as defined in this Act) shall be eligible and entitled to receive as a pension a sum equivalent to fifty (50%) per cent of the "average monthly salary or wage" (as defined by said Act) of such employee except that such pension to a surviving widow or minor children shall not exceed the sum of seventyfive and 00j100 ($75.00) dollars per month in any instance.
Said pension to a surviving widow shall be paid to her only during her natural life or widowhood and upon her death or remarriage, continued to the "qualified minor children" of such deceased employee, to be distributed equally among them until the youngest child attains the age of eighteen (18) years.
The term "surviving widow" as used in this section refers to and includes only a surviving widow who had been the wife of a deceased employee for a period of five (5) years prior to his retirement, or for a period of five (5) years prior to the time which such employee was entitled to retire, or a period of five years prior to the death of such pensioner, and who remains unmarried.
The term "qualified minor children," shall refer to and include

TUESDAY, FEBRUARY 13, 1951

737

only the suniiving minor child or children of a deceased employee who are unmarried and not more than seventeen (17) years of age. Upon marriage or upon attainment by a qualified minor child of the age of eighteen (18) years, such child's interest in any pension payable under said Act or any amendment thereto shall cease and terminate. Any pension payable to the "qualified minor children" of a deceased employee shall be distributed in equal shares for the benefit of all children within that class, as herein defined and same may be paid either to the person having custody or control of such minor children or to their legal guardian. In the event of the death or marriage or attainment of the age of eighteen (18) years by one of several minor children entitled to share in a pension under this law, said pension shall be distributed among the remaining eligible minor children entitled to receive same as long as there remains a minor child of such deceased employee unmarried and under the age of eighteen (18) years.
Section 7. Be it further enacted by the authority aforesaid, that all present employees of Floyd County who may come under this Act, as hereinabove set out and as hereafter set out and who shall be eligible for a pension under the terms hereof, shall from and after the first day of July 1951, contribute three (3%) per cent of his or her monthly salary to the pension fund of said County. Said eligible present employees shall elect in writing during the sixty (60) day period before July 1, 1951, whether or not he or she shall come under the provisions of this Act. To be eligible for such pensions as herein provided for, such employees must contribute said three (3%) per cent of his or her monthly salary or wage from July 1, 1951. Employees hired after July 1, 1951, shall elect in writing whether or not he or she shall come under the provisions of this Act within thirty (30) days from the date of such employment. Should any employee elect not not to come under the provisions of this Act, then subsequently elects to come under the provisions of this Act, such employee must pay into said fund an amount equal to three (3%) per cent of the amount paid him or her by the county as salary since July 1, 1951, plus 6% interest on said pension fund payment for one-half the time since July 1, 1951, or the date of his or her employment, whichever is later. An employee electing not to come under the provisions hereof shall not be allowed subsequently to elect to come under the provisions hereof after he or she has become otherwise qualified for any pension provided herein. Said pension fund shall be paid over to the Treasurer of Floyd County as a trust fund for said employees who come under this Act and who may contribute to the same. Said pension fund shall be managed and administered by said Commissioners of Roads and Revenues for Floyd County, Georgia. Should the employment by said county and the service to said county by any employee who has contributed to said fund terminate for any reason other than retirement or disability, then seventy-five (75%) per cent of the amount of his contribution to said pension fund shall be returned to said employee or his beneficiary in this event; provided such employee or beneficiary makes claim for same within twelve (12) months; and provided, further, at the time of such termination of his or her employment and service no pension has ever been granted to such employee. Should any employee of Floyd County whose employment and services to Floyd County has terminated, be paid the amount hereby authorized to be paid to such employee, he or she shall not be eligible for a pension again unless and until such employee repays into such pension fund the amount that

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was heretofore withdrawn by him or her from said fund, plus six (6 o/o) per cent interest on such amount from the date of such withdrawal. After an employee is granted and begins to receive a pension, such employee shall no longer be required to contribute to the pension fund, until said pension terminates.
Section 8. Be it further enacted by the authority aforesaid, that from and after July 1, 1951, it shall be lawful for the said Commissioners Qf Roads and Revenues for Floyd County to deduct from the monthly salary of the employees who are eligible to receive pensions under this Act, and who elect in writing to come under the provisions of said Act, three (3 o/o ) per cent of said monthly salary and place the same with the Treasurer of said county as a pension fund aforesaid. The amount or amounts of money which each of said employees thus contributes to said pension funds and which is thus deducted from the salary of said employees shall not be subject to garnishment or other proceess, nor shall it.be subject to assignment by said employee.
Section 9. Be it further enacted by the authority aforesaid, that supplementing said pension fund contributed and paid as aforesaid by said employees of Floyd County, there shall be an amount appropriated by the Commissioners of Roads and Revenues for Floyd County, which shall be sufficient at all times to pay any and all pensions which may be granted under the terms and provisions of this Act. And the said Commissioners of Roads and Revenues for Floyd County are hereby authorized and empowered to levy taxes and appropriate money for the purpose of supplementing the said pension fund and paying pensions to said employees Qf Floyd County under the terms and provisions of this Act.
Section 10. Be it further enacted by the authority aforesaid, that nothing in this Act shall be construed to deprive any present employee of Floyd County, Qf the number of years of service in the employ of said county which he or she has to his Qr her credit in determining the right of such employee to a pension at any time hereafter. The number of years which any employee of said county who is eligible to a pension and who comes under the provisions of this Act, has heretofore served in the employ of Floyd County, shall be preserved and shall be counted and computed to his or her credit and in his or her behalf when said employee applies for a pension under the terms of this Act and under any of the classes herein established.
Section 11. Be it further enacted by the authority aforesaid, that the employees who come under the terms of this Act and who are to receive the benefits of this Act are such employees of Floyd County who are not members of or eligible for any Qther Retirement benefit plan, Pension benefit plan, or Social Security benefit plan, other than elective officers and deputies and employees of such elective Qfficers; and it is intended that this Act shall be optional in its application to such eligible employees as in this section named, that is, the employees employed by and compensated by Floyd County, Georgia.
Section 12. Be .it further enacted by the authority aforesaid, that as to any of the employees that come under the terms of this Act, upon their reaching the age Qf sixty-five ( 65) years and that have served twenty-five (25) years with the County, whether continuous or not, they may be retired by said .Board of Commissioners of Roads

TUESDAY, FEBRUARY 13, 1951

739

and Revenues for Floyd County, Georgia, whether said employee desires to retire or not, and receive on such retirement thereafter for the balance of the term of their natural lives the same monthly pension pay that they would be entitled to had they voluntarily applied for retirement.
Section 13. Be it further enacted by the authority aforesaid that it is intended by this section to grant to such of the personnel as are named and described in Section II hereof, the right, or option, to contribute three (3%) per cent of his or her salary to such pension fund and to come under the terms of this Act in all particulars just as if such person was a member of the class as set out in Section II hereof. This option, however, must be exercised in writing by such person during the period of sixty (6'0) days before July 1, 1951. Thereafter, if any new employee enters the county service in the class in this section described, such new employee will have sixty (60) days from the beginning of his or her employment likewise to exercise said optitn and come under the terms of this Act. Once exercising said option such employees are entitled to all the rights and privileges and benefits under this Act and are subject to all the conditions of this Act as set out in this Act.
Section 14. Be it further enacted by the authority aforesaiu, that the Commissioners of Roads and Revenues for Floyd County shall have authority and power to enact by ordinance, resolution or othf'l formal action, any and all reasonable rules and regulations which it may deem necessary for the proper administration and enforcement of this Act with reference to pensions and retirement fund.
Section 15. Be it further enacted by the authority aforesuicl, that from and after the passage of this Act, if any employee of Floyd County, after having been placed on the pension roll of Floyd County and being granted a pension under the terms of this Act and the rules and regulations hereunder, does thereafter become an employee of any department of the government, whether national, state, municipal or county, then and in that event his or her said pension ceases, and it shall be unlawful for any pension to be thereafter paid to said employee; nor shall it be lawful for the governing authorities of Floyd County to thereafter revive and recommence to pay said pen~ion under any circumstance; provided that an employee who receives a disability pension from Floyd County, and is reemployed by Floyd County upon termination of his disability, then he shall be eligible, upon compliance with the provisions herein, to again come under the provisions of this Act.
Seetion 16. Be it further enacted by the authority aforesaid that the Commissioners of Roads and Revenues for Floyd County be anti they are authorized to commence collections of the monthly amount to be paid by said employees from said employees from and after July 1, 1951, and to commence the retirement and payment of pensions from and after January 1, 1952.
Section 17. Be it further enacted by the authority aforesaid, and it is hereby enacted, that if any part, phrase, clause, sentence, paragraph or section of this Act should for any reason be declared unconstitutional by any court, such decision shall not affect the validity of any remaining portions which the General Assembly intends shall remain in force

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as if such Act had been passed with the unconstitutional portion or portions thereof eliminated.
Section 18. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed.
Section 19. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and so declares that notice of intention to apply for the enactment of this Bill was published in the manner required by Article III, Section VII, Paragraph XV, of the Constitution of Georgia, of 1945. A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof.

The following Senate amendments to the Senate Substitute to HB 277, were read and adopted:
Mr. Farrar of the 42nd moves to amend Senate Substitute to HB 277 by:
Striking from Section 5, Paragraph (a), the language:
"'Average monthly salary or wage' as used in this Act shall mean an amount equivalent to the average monthly salary or wages paid during the two (2) consecutive calendar years that such member drew his or her highest monthly salary or wage,"
and substituting in lieu thereof the following:
"'Average monthly salary or wage,' as used in this Act, shall mean an amount equivalent to the average monthly salary or wages paid to the employee by Floyd County during the calendar year in which said employee drew his or her highest monthly salary or wage, and in the next preceding or next following calendar year, which ever will produce the highest average."
And by striking from Section 5, Paragraph (b), the words:
"the Commissioners of Roads and Revenue for Floyd County," and inserting in lieu thereof the words: "Floyd County".
And by striking from the last paragraph of Section 5 thereof, the language:
"If the applicant excepts to the judgment of the Board the applicant must do so in writing and file his exceptions with the Board within ten (10) days from the date of said judgment. The applicant may submit any question of continuance of disability to arbitration of three (3) licensed physicians of this State, one of whom shall be selected by the applicant and one by Floyd County and the third to be selected by the two physicians so chosen by the parties, and such notice of arbitration shall be filed within ten (10) days from the date of judgment with the Board," and inser7.ing in lieu thereof the language:
"The pensioner may appeal from the judgment of the Board, by filing written exceptions thereto with the Clerk of the Board within ten (10) days from the date of said judgment. Upon the filing of such exception, the question of continuance of disability shall be arbitrated by three (3) licensed physicians of this State, one of whom shall

TUESDAY, FEBRUARY 13, 1951

741

be selected by the pensioner, one by said Board and the third by the two physicians so chosen by the pensioner and the Board."
And by striking from said last paragraph of Section 5 the word "applicant" wherever it appears and .substituting in lieu thereof the word "pensioner".
And by striking from Section 7, the following language:
"Should the employment by said county and the service to said county by any employee who has contributed to said fund terminate for any reason other than retirement or disability, then seventy-five ( 75 o/o ) per cent of the amount of his contribution to said pension fund shall be returned to said employee or his beneficiary in this event; provided such employee or beneficiary makes claim for same within twelve (12) months; and provided, further, at the time of such termination of his or her employment and service no pension has ever been granted to such employee,"
and inserting in lieu thereof the following:
"Should the employment by said county and the service to said county by any employee who has contributed to said fund terminate for any reason other than death, retirement or disability, then seventyfive (75) per cent of the amount of his or her contribution to said pension fund shall be returned to said employee; provided such employee makes claim for the same within twelve (12) months after the termination of his or her employment; and provided, further, that at the time of such termination of his or her employment no pension has ever been granted to such employee."
And by striking from Section 8 thereof the words:
"Commissioners of Roads and Revenues for Floyd County." and inserting in lieu thereof the words: "Floyd County".
And by striking from Section 11 thereof the words:
"other than elective officers and the deputies and employees of such elective officers,"
and substituting in lieu thereof the following:
"other than elective officers and the deputies, clerks and assistants of such elective officers."
And by striking Section 13 thereof in its entirety and substituting in lieu thereof a new Section 13 to read as follows:
"Be it further enacted by the authority aforesaid that it is intended by this section to grant to such of the personnel as are described in Section 11 hereof, the right, or option, to contribute three (3 o/o) per cent of his or her salary to such pension fund and to come under the provisions and terms of this Act."
Mr. Covington of Floyd moved that the House agree to the Senate Substitute, as amended.
On the motion, the ayes were 103, nays 0.
The Senate Substitute, as amended, was agreed to.

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The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 343. By Messrs. Barber and Short of Colquitt:
A Bill to be entitled an Act to amend the charter of the City of Moultrie, and for other purposes.

The following Senate amendment to HB 343, was read:

Senate Amendment # 1 To HB 343.
Senator Brannen of the 47th moves to amend HB 343 in the following respects, to-wit:
I move that HB 343, to amend the Charter of the City of Moultrie, be amended in the following respects, to-wit:

1.
By striking from the end of the caption of said bill the words, "and for other purposes", and adding to same the following, to-wit:
to create a Personnel Board in the City of Moultrie to provide for the appointment and removal of the members of said Board and their qualifications, compensations and term of office; to prescribe the duties of the Personnel Board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualifications of employees; to provide for a minimum, intermediate, and maximum salary schedule for Classified employees; to provide for the holding of examination under the provisions of this Act; to provide for probationary period of employment; to provide how and in what manner and for what reason employees may be demoted, suspended, or discharged; to provide for trials of, and appeals by employees charged with the violation of Civil Service rules or the provisions of this Act; to provide a uniform procedure for handling the personnel affairs of such city; to provide for certification and appointment, promotions, suspensions, reinstatements, transfers, reduction, and removal of city employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records, and furnishing of information in connection with the uniform procedure herein prescribed; to prohibit city employees coming under the provisions of this act from doing certain things in violation thereof; to provide a penalty for all persons violating the provisions of this act; to provide for the appointment and removal of a Director of Personnel and define his powers and duties and prescribe a minimum salary for such Director; to provide for removals in the interest of economy; to establish re-employment lists and provide for leaves of absence and vacation; to provide for the bonding of employees in the Classified service; to provide that the provisions of this Act are separable in the event a portion thereof is declared unconstitutional; to provide for the repeal of conflicting laws; and for other purposes, so as to provide a Civil Service system based upon examination and investigation as to merit; efficiency, and fitness of appointment, employment, and promoton of employees of the City of Moultrie; and for other purposes.

TUESDAY, FEBRUARY 13, 1951

743

2.
By striking the repealing clause at the end of ::aid amendment and then by adding the following, to-wit:

Section 6. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Charter of the City of Moultrie and the several acts amendatory thereto and supplementary thereof incorporating the City of Moultrie, be and the same are hereby amended, to provide for the creation of a Civil Service system for the City of Moultrie, as follows: Section 1. Index to Civil Service Act. Section 2. Definitions. Section 3. Appointment, Removal, Compensation and Duties of
of the Personnel Board. Section 4. Appointment, Removal, Compensation and Duties
of the Personnel Director. Section 5. Unclassified Service and Classified Service. Section 6. Status of Incumbents. Section 7. Methods of Filling Vacancies. Section 8. Certification and Appointment. Section 9. Temporary and Provisional Appointment. Section 10. Examinations.
Section 11. Ratings and Eligibility.
Section 12. Promotions. Section 13. Re-employment. Section 14. Transfers. Section 15. Demotion. Section 16. Suspension. Section 17. Layoff and Leave of Absence without Pay. Section 18. Removal.
Section 19. Appeals.
Section 20. Political Activity and Recommendations.
Section 21. Residence.
Section 22. Dismissal for Violation.
Section 23. Penalties.
Section 24. Oaths.

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Section 25. Section 26. Section 27. Section 28. Section 29.

Bonds of Employees under Classified Service. Payroll Certification. Effective Date. Constitutionality. General Repeal.

Section 7.
Definitions.
The following terms when used in this Act shall have the following meanings unless the context clearly requires otherwise:
(1) "Classified Service" means all offices and positions of trust or employment in the service of the City of Moultrie except those placed in the unclassified service by this Act.
(2) "Board" means the City of Moultrie Personnel Board.
(3) "Director" means the City of Moultrie Director of Personnel.
(4) "Appointing Authority" means the officer, commission, board, or other authority having the power of appointment, employment or election to, or removal from, subordinate positions in any office, department, commission, board or institution; or any person or group of persons having the power by virtue of the Constitution, statute, or lawfully delegated authority to make appointments or employments to the positions in the City of Moultrie employment service.
(5) "Position" means any office or place of employment in the City of Moultrie employment service.
(6) "Classified Employees" means any employee holding a position in the Classified Service.
(7) "Public Hearings" means an opportunity given after public notice of at least five days for any person or person to appear and be heard on the matter involved.

Section 8.
Appointment, Removal, Compensation and Duties of the Personnel Board.
(1) There is hereby created and established the City of Moultrie Personnel Board which shall consist of three members of known sympathy to the merit system who shall have been residents of the City of Moultrie for two (2) years or more and who shall be elected by majority vote of the Council at a regular meeting of said City Council. One of the original three (3) members so elected, to be designated by the Council at the time of the election, shall hold office for a term of two (2) years. One of said first three members shall be so elected to hold office for a period of four (4) years, and one shall be elected for a term of six (6) years. Thereafter all elections shall be for a term of six years, and the members shall serve until their successors have been elected and qualified. The members shall annualiy elect one

TUESDAY, FEBRUARY 13, 1951

745

of their number as chairman of the Board and another member as vice-chairman of the Board. Two members of the Board shall constitute a quorum for the transaction of business.
Vacancies in the office of said Personnel Board created by death, resignation or otherwise shall be filled by election of the Council as provided for regular appointments herein and such appointment shall be for the unexpired term. No member shall hold any other lucrative office of employment under the United States Government, the State of Georgia, or any political subdivision thereof, except the office of notary public or an office in the military forces.
(2) A member of the Board may be removed only for cause after charges have been filed with the Council of said City. Such charges must be filed in writing and a copy furnished the member sought to be removed. The accused member shall be entitled to a public hearing before 1.aid City Council, and removal shall be accomplished only after such hearing and upon the recommendation of a majority of the Council.
(3) The members of the Board shall be paid at the rate of one dollar per diem for time actually devoted to the business of the Board, but no member shall be paid for more than thirty-six days of service for the first year after the effective date of this Act, and thereafter not more than twenty-four days of service in any one year.
(4) The Board shall keep its office and shall hold its meetings in the City Hall, and all of said meetings shall be open to the public. The Board shall hold regular meetings at least once monthly, and as often in addition thereto as the Board may provide.
(5) It shall be the duty of all officers having charge of public buildings of the City to allow the reasonable use of space and room therein, and to heat and light for the holding of any examinations or investigations provided for by this Act and in all proper ways to facilitate the work of the Board.
(6) It shall be the duty of the Board as a body:
(a) After a public hearing and proper investigation during which the Mayor and Council of the City of Moultrie, Appointing Authorities, and the Classified employees shall be afforded every opportunity to be heard to adopt, rescind, and amend rules and regulations for the administration of this Act; to set up a classification plan for all positions covered by this Act; to establish a minimum, intermediate, and maximum salary schedule for such position; Provided said rules and regulations shall provide for preferences for honorably discharged veterans of any war in conformity with Article III, Section VII, Paragraph XXIV, of the Constitution of the State of Georgia. Said salary schedule and any modifications thereof shall be subject to the concurrence and approval of said City Council. When adopted and approved as required by the provisions of this Act such rules, regulations, classification plan, salary schedule and any modifications thereof shall be enforced by all Appointing Authorities and other employees of said City to which they are applicable. Notice of the Contents of such rules, regulations, classification plan, salary schedule and any modification thereof shall be given to all Appointing Authorities affected thereby.
(b) To hear and determine appeals and complaints respecting

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the administrative work of the director filed with the Board by any Appointing Authority or Classified Employee, and such other matters as may be referred to the Board by the Director.
(c) To make such investigations as may be requested by the Council my majority vote where general City employees are affected or on its own motion and to report thereon.
(d) To keep minutes of its own meetings and such other records as the Board may deem necessary.
(e) To examine and approve or modify the annual report prepared by the Director and submit such report to the Council on or before the first day of February covering the pei-iod of time from January 1st through December 31st of the preceeding year, transmitting therewith any suggestions it may approve for the more effectual accomplishment of the purpose of this Act, and to supervise generally the work of the Director in the administration of the provisions of this Act. Such report shall be made available to any interested groups.

Section 9.
Appointment, Removal, Compensation and Duties of the Personnel Director.
(1) The Board shall appoint a Personnel Director. Such Director shall have been a resident of the City of Moultrie for one year or more and shall be a person competent, trained and experienced in the field of personnel administration and thoroughly in sympahty with the application of merit and sound business principles in the administration of personnel.
(a) The Council shall provide adequate quarters for the Board and the Director to administer the provisions of this Act.
(2) The Director shall take oath of office prescribed for the Mayor before the Chairman, and give bond in the penal sum to be fixed by the Council for his faithful performance, to be approved by the Mayor.
(3) The Director shall hold his office during good behavior and may be removed only for cause after a public hearing by the Board.
(4) The salary to be paid to the Director shall be fixed by the Board with the consent and approval of the Council.
(5) It shall be his duty:
(a) To attend meetings of the Board, to act as its secretary and to accord its official actions.
(b) To appoint and supervise any necessary employees and incur necessary expenses for the administration of this Act within the limits of the appropriation to be provided therefor by the Council. All employees of the Board shall be in the Classified Service established under this Act and shall be employed in accordance therewith.
(c) To prepare, recommend, and administer the Civil Service system, the rules, regulations, classification plan and salary schedule for the proper administration and execution of this Act. The rules and

TUESDAY, FEBRUARY 13, 1951

747

regulations as adopted by the Board shall govern the examination procedure, formulation of registers of eligibles, certification of persons qualified for appointment to the classified service, administration of appointments, transfers, demotions, promotions, suspensions, lay-offs, re-employments, resignations, leaves of absence without pay, dismissals, and other matters pertaining to the proper administration of this Act.
(d) To establish and maintain a roster of all the officers and employees in the City employment service, who are covered by this Act, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent.
(e) To check all payrolls or other compensation for personnel service in the classified service periodically, at such time as the Director or the Board may deem consistent for the proper administration of this Act.
(f) To recommend to the Board proper classification of new positions created in the City employment service covered by this Act according to duties and responsibilities.
(g) To make such investigations pertaining to personnel, salary scales, and employment conditions in the City employment service as he may deem necessary and as may be requested by the Board or by the Council.
(h) To require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any such investigations in connection with the administration of the provisions of this Act.
(i) To make an annual written report to the Board.
(j) To perform any other lawful act required to carry into effect the purposes and spirit of this Act.

Section 10.
Classified Service and Unclassified Service.
The City of Moultrie employment service shall be divided into the classified and unclassified service.
(1) The classified service shall consist of and include all of the members of the Police Department and all of the members of the Fire Department, including the Chief of Police or Marshal and the Chief of the Fire Department.
(2) The Unclassified service shall consist of and include all other officers and employees of the City, not embraced and named above as classified service.
(3) The Board shall be authorized to enter into cooperative agreements with other Federal, State and Municipal merit systems to permit use of registers and the acquiring of status by individuals under any such system which has comparable standards to that established herein shall as a result of agreement give status under this or such other system.

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Section 11.
Status of Incumbents.
Any person holding a position in the classified service of the City of Moultrie employment service as herein defined on the effective date of this Act, who has been an employee of the City of Moultrie for at least two (2) years immediately preceding the effective date of this Act, shall continue to hold such position subject to the provisions of this Act, and shall be deemed to be qualified for such employment and to have received a regular permanent appointment in accordance with the provisions of this Act, provided that he shall file a written certificate with the Board within sixty ( 60) days after the effective date of this Act, which among other things shall include a complete history of his employment record on forms which shall be prescribed by the Board.

Section 12.
Method of Filling Vacancies.
Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demotion. The Director may advise with the appointing authorities as to which of these methods should be employed in each instance, but the decision shall rest with the appointing authority, provided, that temporary appointments may be made only in accordance with the provisions of this Act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical.

Section 13.
Certification and Appointment.
Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the Director a statement of the duties of the position and a request that the Director certify to him the names of persons eligible for appointment to the position. The Director shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all of the named on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the Director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event that he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which the Director deems to be appropriate for the class in which the position is established, he shall proceed to prepare such an eligible register as soon as possible, after the receipt of the request of the appointing

TUESDAY, FEBRUARY 13, 1951

749

authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authorities three times, the Director after investigation may with the approval of the Board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of six months, but the Director and the appointing authority may extend such probationary period to one year. If during this probationary period the conduct or capacity of the probations has not been satisfactory to the appointing authority, the probationer and the Director shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment.

Section 14.
Temporary and Provisional Appointment.
Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the Director. If such nominee is found by the Director to have had experience and training which appears to qualify him for the position, he may be teinJlorarily appointed to such vacancy, but only until an appropriate eligible registrar can be established and an appointment made therefrom: Provided, that the Director, with the approval of the Board, may approve a provisional appointment to fill a technical or professional position which requires specialized knowledge or training and which cannot be filled from the eligible register. In no event shall a temporary appointment be continued for more than six months. Successive temporary appointments of the same person shall not be made; not more than one temporary appointment shall be made to any position within any 12 months period. No person shall be given a temporary or provisional appointment unless that person shall be found to have at least sufficient minimum qualifications to qualify to take the examination for the position to which he is provisionally or temporarily appointed.

Section 15.
Examinations.
Each eligible register shall consists of a list of all the persons who have shown by competitive tests that they possess the qualifications which entitle them to the be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or any other demonstration of fitness as the Director, with the approval of the Board, may determine. Such tests shall be competitive, practical, free, and open to all persons, citizens of the City of Moultrie, who may be lawfully appointed to any position in the class for which they are held, with such limitations as to age, health, habits, character and other qualifications as may be considered desirable and specified in the public announcement of the test. The Director shall establish or create examination committees from qualified persons to assist him in giving

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tests. Public notice of the time, place and general scope of every test shall be given.

Section 16.
Ratings and Eligibility.
Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these papers no person shall wilfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under this Act, or wilfully or corruptly make any false representation concerning the same or concerning the persons examined, or wilfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their names shall be placed on the proper register according to their attained rating. The term of eligibility shall be one year, commencing with the date on which the name of the eligible is entered on the register. This term may be extended in the discretion of the Director for all those on any register when conditions of good administration render it inexpedient to hold a new examination.
Section 17.
Promotions.
Promotions of employees to positions covered by this Act, having a different and higher classification, shall be made only according to merit and fitness, which, so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the Director at the request of the appointing authority.
Section 18.
Re-Employment.
( 1) Whenever any employee in the Classified service, who has been performing his duties in a satisfactory manner, as shown by the records of the department or other agency in which has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the Director and the head of the department under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the Director shall cause the name of such employee to be placed on the re-employment list for the appropriate class for re-employment within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class shall be in the order according to dates of applications for re-employment. No person shall be reinstated or have his name restored to a re-employment list unless such resignation is withdrawn within three years after it has been presented and accepted.
(2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall sub-

TUESDAY, FEBRUARY 13, 1951

751

mit to the Director in such form as may be prescribed by the Board a request that the Director certify to him the names of persons eligible for re-employment in the class in which the vacant position is established. The Director shall immediately certify to the appointing authority the names of persons on appropriate registers.

Section 19.
Transfers.
An appointing authority may, at any time, transfer any classified employee under his jurisdiction from one position to another in the same classification, provided, that the Director has authorized the transfer of the employee from one department to another and has received approval of both appointing authorities concerned. In every such case the appointing authority shall give written notice of this action to the Director. No transfer shall be made to a competitive petition in the classified service above the lowest grade, unless the appointing authority shall certify to the Director, who shall make proper investigation in connection therewith, that the position involved cannot be adequately filled by promotion from the personnel in the respective department.

Section 20.
Demotion.
An appointing authority may, in accordance with the rules and regulations established by the Board demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee involved and the Director have been notified in writing of such contemplated action. Any employee so demoted shall have the right to appeal his demotion to the Board. The Board can then approve his demotion or reinstate him to his former position if, in its opinion, the demotion is not justified.

Section 21.
Suspension.
An appointing authority may, in accordance with rules and regulations established by the Board, upon giving written notice to an employee and the Director suspend for just cause a classified employee for disciplinary purposes without pay for a period not exceeding thirty (30) days in any twelve month period.

Section 22.
Layoff and Leave of Absence Without Pay.
An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual conditions or shortage or stoppage of work or funds. In every case of this kind the appointing authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and the Director. Any person who has been appointed to a position in the classified service, or who shall have attained a civil service status, under the pro-

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visions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the Act, shall have his name placed on an appropriate re-employment register. Leave of absence for a period not to exceed six consecutive months may be granted to any employee without pay upon request of the employee when approved by the appointing authority and the Director notified in writing. Any leave of absence for a period in excess of six consecutive months as provided herein shall be obtained only with the approval of the Board.

Section 23.
Removal.
Any appointing authority may suspend a subordinate in the classified service for cause any may recommend to the Personnel Board that he be dismissed from the service or recommend suspension, demotion or transferral. Such appointing authority shall, on the day of such suspension, file with the Board a copy of the written notice furnished the employee so suspended, setting forth in detail the reason for such action and his recommendations in the premises. The dismissed employee shall have an opportunity to answer the charges in writing within 10 days and to file with the Board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. It shall then be the duty of the Personnel Board, upon an investigation and a hearing thereon, to either approve or disapprove the suspension by the appointing authority and where recommendations are made, to either approve or disapprove such recommendations, with authority where the case is shown to suspend the employee for any period of time it may designate; or reinstate the employee to his former status and in their discretion with authority to direct payment of salary during such period of suspension preceding the trial; or to transfer, demote or dismiss said employee. Provided, however, that the Board within 30 days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion or on the IIIPtion of any party, reopen the case and vacate, modify or revise its former order so as to lessen but not increase the penalty imposed, but after the end of such 30 days, the Board shall not have any authority to reopen such case for any cause. The Council shall have the right to prefer charges against any employee in the Classified service for violation of any Civil Service rule or regulation or any provision of this Act, in which case the employee against whom such charges are filed, shall have an opportunity to answer the charges in writing within 10 days after written notice thereof, and to file with the Board affidavits in support of such answer. Thereafter, the proceedings shall be the same as in cases where disciplinary action is taken or charges are preferred by an appointing authority in accordance with the provisions of this Act.
(a) For the purpose of taking any disciplinary action, or of filing any changes against any person in the classified service, the designation "Appointing Authority" shall be held to include any acting department head or other person designated by the proper authority to be in charge of any department in the absence, for any cause, of the regular appointing authority or department head.
(b) Whenever an employee has been suspended, demoted, dis-

TUESDAY, FEBRUARY 13, 1951

753

charged, disciplined, or otherwise cause to suffer any loss in classification, grade or salary, such employee shall have the right of appeal to the Board. This right may be exercised at any time within ten days from the date of such suspension, demotion, discharge or other disciplinary action by a request in writing for such hearing filed with the Director. Immediately upon the receipt of such request, the Director shall notify the members of the Board and call a meeting of the Board for proper hearing of the case. The Board shall proceed to hear all parties at interest and such evidence as may be introduced by any of them at the earliest practicable date after notice of the appeal has been filed. The filing by an employee of an answer to charges to the written statement filed by the appointing authority with the Board as provided in this Act, without further formality shall be deemed a sufficient demand for a hearing.

Section 24.
Appeals.
Whenever the Director refuses to examine an applicant or after examination to certify an eligible, as provided in this Act, then said Director if requested by the person so rejected, shall give to him a full and explicit statement of the exact case for such refusal to examine or certify, as the case may be. The person so rejected may ask for a review of the case by the Board, which shall be granted, and said Board by a majority vote shall have power to render a final decision in writing to the person asking for the review. Such decision of the Board shall be binding on all concerned.
(a) Where an employee is dismissed from the service, he shall have the right, within 2 years, to apply for reinstatement. Upon making an application for reinstatement to the Personnel Board he may be reinstated, without taking an examination, to the classified service, provided, such reinstatement is recommended by the head of the department he was in at the time of his dismissal and approved by the Personnel Board.

Section 25.
Political Activity and Recommendations.
In applying the provisions of this Act or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his view as a citizen and to cast his vote in any election. No recommendation for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in the case of former employees as to ability, shall be considered by the Board, the Director or the appointing authority, in giving any examination, appointment, promotion or reinstatement under this Act.

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Section 26.
Residence.
Positions in the classified service shall be filled by citizens of the City of Moultrie, who have been residents of said City for at least one year immediately preceding the date of examination. In the discretion of the Board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of the City cannot be obtained, or the work to be done is in city service outside of the city limits. Removal of residence outside of the city limits shall be grounds for removal unless permission to remove is granted by the Board for just cause and approved by the Council.

Section 27.

Dismissal for Violation.
Any person in the classified service violating any of the provisions of this Act may be dismissed from the classified service but shall be entitled to a written copy of the charges and an opportunity to a fair hearing before the Board prior to said dismissal.

Section 28.
Penalties.
Any person who shall wilfully or corruptly violate any of the provisions of this Act shall be guilty of a misdemeanor, and shall on convictim thereof be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for reappointment, reinstatement, or reemployment for a period of three years or more, from the date of such conviction.

Section 29.
Oaths.
The Board and all employees in the classified service shall take the oath of office prescribed for the Mayor, or as otherwise provided by law for their respective positions. The Board and the Director are authorized to administer oaths.
Section 30.
Bonds of Employees Under Classified Service.
(1) Any employee under classified service who is employed in any department under the control and office of an elected officer who is or may be responsible for the acts of such employee as a deputy, may be required as a condition of his employment to give bond with good security in an amount satisfactory to the head of such department, conditioned to indemnify such office or head against loss by reason of the conduct of such employee or deputy, or because of any error made by any employee or deputy in the performance of his or her duties as an employee or deputy. The premium of said bond shall be paid by the City.

TUESDAY, FEBRUARY 13, 1951

755

(2) Should the amount of bond required be deemed by the Board arbitrary, unreasonable or oppressive, an appeal shall lie to the Superior Court which shall have the authority to set the amount of such bond.
(3) The Board shall have the right in its discretion to require bonds of employees other than those specified in the preceding sections, where the duties of such employee make a bond necessary or desirable but this provision shall not forbid the Council or other authority coming under City Government to require any employee handling funds or performing duties or trust to post bonds.

Section 31.
Payroll Certification.
No employee within the classified service shall be placed on the payroll of the City of Moultrie until the Personnel Director has properly certified the individual to the position.

Section 32.
Effective Date.
This Act shall take effect March 1, 1952, or sooner, if the Council of said City shall fix an earlier date for it to take effect by a majority vote.

Section 33.
Constitutionality.
Should any section or provision of this Act be held to be unconstitutional or invalid such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional.

Section 34.
That also at the same time and place the Council shall choose a City Clerk and Treasurer, who shall be one and the same person, and who shall be the financial agent of the City of Moultrie, and who shall be responsible for the legality of the expenditures for and in behalf of said City.

Section 35.
General Repeal.
Any and all laws and parts of laws in conflict with this Act are hereby repealed.

AMENDMENT #2 I propose the following amendment to HB 343.
Geo. W. Branch of the 47th.

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I move that HB 343 to amend the Charter of the City of Moultrie be amended in the following respects, to-wit:
1. By striking from the proposed Section 18 of said Charter subparagraph 2, sub-section c, and substituting the following as said subparagraph 2 of sub-section c, to-wit:
"(2) To appoint the marshal or chief of police, a superintendent of the water and light plant and chief of the fire department and such other officers and employees as may be necessary or proper provided that excepted from this power of appointment are those officers and employees who by the Charter of said City are appointed or elected by the Council, and the Board of School Commissioners and the officers and employees of the school which shall not be under the jurisdiction of the City Manager. Provided, however, that his appointments to the positions of marshal and the chief of police and chief of the fire department and his appointment of the policemen and firemen shall be made from the list of persons found eligible for such positions under the merit system provided for in the Charter of said City applicable to the police and fire department when same is put into effect.
2. By striking from the proposed section 18 the last sentence in sub-section 13 of said sub-paragraph c.
3. By adding to Section 17 of the Charter of the City of Moultrie as shown in Georgia Laws 1943, page 1466, the following, to-wit:
"that also at the same time and place the Council shall choose a City Clerk and Treasurer, who shall be one and the same person, and who shall be the financial agent of the City of Moultrie, and who shall be responsible for the legality of the expenditures for and in behalf of said City".
Mr. Barber of Colquitt moved that the House agree to the Senate amendments.
On the motion, the ayes were 104, nays 0.
The Senate amendments were agreed to.

The following Bill of the House was taken up for the purpose of considering the Senate Substitute thereto:

HB 43. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee, Dally of Walton, Tamplin of Morgan and Stanton of Newton:
A Bill to be entitled an Act to create the Department of Revenue, to provide for the appointment of a State Revenue Commissioner, and for other purposes.

The following Senate Substitute to HB 43, was read:

A BILL
To be entitled an Act to amend an Act approved January 3, 1938, and found in Georgia Laws 1937-1938, Extra Session, page 77, et seq., entitled, "An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue

TUESDAY, FEBRUARY 13, 1951

757

and the office of State Revenue Commissioner; to confer upon such commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Commission; to continue the Comptroller General as Insurance Commissioner; comptroller of Withdrawals, to provide for the appointment, term of office, salary, oath, bond, authority, duties and removal of the State Revenue Commissioner; to provide for the organization and operation of the department; to create the State Board of Tax Appeals; to provide for review by the Board of the assessments and equalization orders of the Commissioner; to make appropriation for the Department and the Board; to provide for appeal to the Board from the Superior Court; to enforce tax liability to other States which reciprocate; to repeal Code Sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, 92-61, and 92-68 and laws in conflict with this Act; to provide for the administration of and the enforcement of the tax laws; and for other purposes," and all acts amendatory thereto, by amending Section 2 of said Act, as amended, so as to provide that the State Revenue Commissioner shall receive a salary of $10,000.00 annually, and by adding a new section, to be known as Section 11a, providing for the office of Deputy State Revenue Commissioner and prescribing his duties; by striking Section 41 of said Act, in its entirety, and by substituting therefor a new Section 41 to provide the right of garnishment, attachment, levy and sale of the State Revenue Commissioner or his authorized representatives; to repeal conflicting laws and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same:
Section 1. That the Act approved January 3, 1938, and found in Georgia Laws 1937-38, Extra. Session, page 77, et seq., and all Acts amendatory thereto, is hereby amended, by striking therefrom, in its entirety, Section 2 thereof, which section creates the Department of Revenue and the office of State Revenue Commissioner, and substituting in lieu thereof a new Section 2 to read as follows:
"Department of Revenue created; State Revenue Commissioner, Creation of office, appointment, term, salary, bond, oath.-The office of State Revenue Commissioner and the Department of Revenue are hereby created. The Commissioner is hereby made head of the Department of Revenue. The Commissioner shall be appointed by the Governor with the consent of the Senate for a term of four years: Provided, however, the first term beginning at the time of appointment and running to February 1, 1947. The Commissioner shall receive a salary of $10,000 annually, payable monthly. Before entering upon the performance of his duties he shall execute and file an official surety bond, approved as to form and sufficiency by the Attorney General and amounting to $70,000, the premium on which shall be paid by the State. The Commissioner shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of his office, which oath shall be in addition to that required of all civil officers."
Section 2. That the said Act approved January 3, 1938, is further amended by adding a new section, to be known as Section 11a, to read as follows:

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"Section lla. Appointment, Qualifications, Oath, Salary, Duties. -There is hereby created the office of Deputy State Revenue Commissioner. Such Deputy State Revenue Commissioner shall possess the qualifications and take the oath of office required by law of the State Revenue Commissioner, and shall be appointed by said State Revenue Commissioner and hold office at his pleasure. He shall not be under the merit system. The salary of the Deputy State Revenue Commissioner shall be paid from funds appropriated by the Department in such amounts as may be determined by the Commissioner, subject to the approval of the State Budget Bureau, but shall, in no event, exceed the salary of the Commissioner. He shall file an official surety bond, approved in form by the Attorney General, in the same amount as required for the State Revenue Commissioner, the premium of which shall be paid by the State. The Deputy State Revenue Commissioner shall perform such duties as are assigned to him by the State Revenue Commissioner; and shall be provided with an office in the Capitol Building. He shall exercise in all matters all authority granted by law to the State Revenue Commissioner which the State Revenue Commissioner may delegate to him in writing. He shall execute all documents and papers, including assessments for taxes, executions for taxes, jeopardy assessments, licenses, and all other documents necessary in the performance of such duties and the exercise of such authority. Any such tax execution, license, assessment, or other document signed and executed by the Deputy State Revenue Commissioner shall be of the same force and effect as if signed and executed by the State Revenue Commissioner."
Section 3. That the said Act approved January 3, 1938, is further amended by striking therefrom Section 41 of said Act, in its entirety, which Section 41 declares all taxes to be personal debts of the taxpayer and provides for garnishment by the State Revenue Commissioner, and by substituting in lieu thereof a new Section 41, to read as follows:
"Section 41. Taxes, Debts, Levy, Garnishment. All taxes are hereby made a personal debt of the person required hereunder to file the returns or to pay the taxes imposed hereby. The Commissioner or his authorized representative may attach the property of a delinquent taxpayer on any ground provided by Code Section 8-101 or on the ground that the taxpayer is liquidating his property in an effort to avoid payment of the tax. The Commissioner, or his authorized representative, may use garnishment to collect the tax imposed by this Act. Garnishment may be issued by the Commissioner in the same manner as is provided for the issuance of garnishment by tax collectors in chapter 92-75 of the Code. In case of neglect or refusal by a taxpayer to pay any taxes due the State, the State Revenue Commissioner, or his authorized representative, may levy upon all property and rights to property, except such as are exempt by law, belonging to such taxpayer, for the payment of the sum due, with interest and penalty for non-payment, and also of such further sum as shall be sufficient for the fees, costs and expenses of such levy.
"The State Revenue Commissioner, or his authorized representative, may levy and conduct judicial sales in the manner now provided for sales by sheriffs and constables."
Section 4. All laws and parts of laws in conflict with this Act, be and the same are, hereby repealed.

TUESDAY, FEBRUARY 13, 1951

759

Mr. Twitty of Mitchell moved that the House disagree to the Senate amendment and the motion prevailed.
Under the regular order of business, the following Bills of the House were again taken up for consideration:

HB 329. By Mr. Smith of Emanuel:
A Bill to be entitled an Act providing a method of returning vehicles for property taxation and for the State Registration purposes, and for other purposes.
The following amendments to HB 329, were read and adopted:
Mr. Smith of Emanuel moves to amend HB 329 by making the following changes:
(a) By striking from the second sentence of Section 8 of said act the words "of $4.00".
(b) By striking from Section 10 of said act the words "of $4.00".
(c) By striking from Section 11 of said act the words "of $4.00".
(d) By striking from Section 20 of said act the words "of $4.00".
(e) By striking from Section 21 of said act the numeral "$4.00".
(f) By striking from Section 22 of said act the words "of $4.00".
(g) By striking from Section 25 of said act the words "of $4.00".
(h) By adding to said act after Section 8 A in said act a new section to be designated as Section 8 B to read as follows:
"The annual registration fees for the purpose of purchasing motor vehicle tags shall be the same as now or hereafter provided by law."
(i) By striking the provisions of Section 44 and inserting in lieu thereof the following:
"That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed."
Mr. Owens of Tift moves to amend HB 329 by striking the figure 50 in line 5 of Section 14 and substituting in lieu thereof the figure 25.
Mr. Alverson of Fulton moves to amend HB 329 Section 5 as follows:
By adding a new subsection to be known as (d) and to read as follows:
"All municipalities and counties".
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 124, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

760

JOURNAL OF THE HOUSE,

HB 443. By Messrs. Rogers of Heard, Stewart of Habersham and Murr of Sumter:
A Bill to be entitled an Act to provide for an alternate method of reporting and collecting Fertilizer Tax, and for other purposes.
Mr. Ursrey of Jeff Davis moved the previous question.
The report 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 House was withdrawn,
read the second time and recommitted to the Committee on Education # 1.

HB 571. By Messrs. Duncan of Carroll, Barber of Jackson and Covington of Floyd:
A Bill to be entitled an Act to provide for the development and administration of vocational educational programs for this State, and for other purposes.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time.
HB 548. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A Bill to be entitled an Act to amend an Act known as the Minimum Foundation Program, to provide for use of Capital Outlay 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 549. By Messrs. Hand and Twitty of Mitchell:
A Bill to be entitled an Act to aid in the prosecution of the war by authorizing housing authorities to develop projects for persons engaged in war industries, and for other purposes.
The following amendment to HB 549, was read and adopted:
Mr. Twitty of Mitchell moves to amend HB 549 by adding a new section to be numbered 4 to read as follows:
"Section 4. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

TUESDAY, FEBRUARY 13, 1951

761

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 279. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act entitled Compensation of Commissioners and Clerk for revising jury lists, and for other purposes.
The report 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 400. By Messrs. Ray of Warren, McCracken of Jefferson, Brooks of Oglethorpe, Matthews of Clarke and many others:
A Bill to be entitled an Act governing the use of public roads and highways of this State in accordance with certain standards, and for other purposes.

The following amendment to HB 400, was read and adopted:
By Mr. McCracken of Jefferson:
Amend HB 400 by inserting a new section therein to be numbered section 2 to read as follows :
"Section 2. The increased length of buses hereby permitted shall not increase the seating capacity of any such bus."
To amend the caption accordingly and to renumber sections 2 and 3 now in the Act as sections 3 and 4.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 107, nays 15.
The bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 400, was ordered immediately transmitted to the Senate.
)
HB 17. By Messrs. Bell of Richmond and Bennett of Barrow:
A Bill to be entitled an Act to amend an Act which relates to the application for Homestead Exemption to provide that the owner shall be required to apply only once for exemption, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

762

JOURNAL OF THE HOUSE,

HB 511. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to establish, maintain and conduct Boy's Farm Adventure of Richmond County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

liB 256. By Messrs. Ursrey of Jeff Davis, Rogers of Heard, Langdale of Lowndes and Clary of McDuffie:
A Bill to be entitled an Act to govern Sanitation in Eating Places, and for other purposes.
The report 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 bill was ordered immediately transmitted to the Senate.

HB 398. By Mr. Cates of Burke:
A Bill to be entitled an Act to amend an Act to provide that prisoners committed to the Milledgeville State Hospital for the Insane shall remain at said hospital until their sanity is restored, and for other purposes.
The report 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 112. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act relating to the Grounds for granting of total divorce, and for other purposes.
The following amendment to HB 112, was read and adopted:
Mr. Freeman of Monroe moves to amend HB 112 by adding the words "one of" between the words "upon" and "the" in next to the last sentence of Section 1.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, Mr. Ramsey of Effingham 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.:

TUESDAY, FEBRUARY 13, 1951

763

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Bell of DeKalb Bell of Richmond Bentley Best Biggers
Birdsong Boone Brantley Britton Burkett Callier Campbell of Oconee Carr Cates Clary Claxton Clay Coogle Covington Cranford De en Dews Duncan Durden Edenfield Flynt Garrard Gary

Gillis Graham Green of Cherokee Green of Irwin Griffith Hadden Hall of Floyd Hall of Toombs Harper Hawkins Henderson Hilton Hollis Hopkins Huddleston Jackson Jessup Johnson of Hall Johnston Jones of Lumpkin Jordan Kelley Kennedy Key Kidd King Kitchens Lanier Lavender Lewis of Hancock Little McCracken Mackay Matthews Mims Musgrove Nelson Neville Newman Otwell Overby

Those voting in the negative were Messrs.:

Baughman Beasley Black Boggus Bolton Brannen Burgamy Byrd
Campbell of Walker Clark Coffin Dorsey Durham

Gowen Green of Rabun Groover Herrin Jones of Bartow Kemp Knight Lam
Mangum Murr Nightingale Peacock Register

Owens Page Parker Pickard Pickett Ramsey Raulerson Ray Robertson of Coweta Robertson of Dawsor Rowland Scott Scoggin Short Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Todd Trapnell Turk Twitty Ursrey Vickers Walker of Telfair Wheeler Wiggins Wilkinson Williams of Ci>bb Williams of Houston Willingham Willis Wooten Wright
Rogers Rollins Simmons Stephens of Towns Tillman Tumlin Waldrop Weems White Whitworth Wilkes

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JOURNAL OF THE HOUSE,

Those not voting were Messrs.: Bennett, Brazeal, Brooks, Cornelius, Dally, Deason, Denton, Dicus, Fears, Freeman, Gardner, Greene of Crisp, Greer, Guthrie, Hale, Harrell, Harris, Holley, Hood, Ivey, Jolly, Langdale, Leach, Lewis of Greene, Lovett, McGarity, McGee, McKelvey, McWhorter, Mishoe, Mull, Murphy, Pittard, Risner, Sheffield, Sivell, Smith of Emanuel, Tarpley, Terry, Tippens, Vandiver, Walker of Crawford, Warren, Wood, and Mr. Speaker.

By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 123, nays 37.
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 424. By Messrs. Campbell of Oconee, Gillis of Truetlen, Jordan of Wheeler, Hall of Toombs, Hilton of Montgomery, and others:
A Bill to be entitled an Act to amend an Act known as the Soil Conservation Districts 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 114, nays 3.
The bill, having received the requisite constitutional majority, was passed.
HB 546. By Messrs. Campbell and Abney of Walker, Scoggin of Floyd, Abney of Catoosa, Murr of Sumter and Smith of Emanuel:
A bill to be entitled an Act to amend an Act relating to marriage licenses and how such licenses are granted, and for other purposes. The report of the Committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 65, nays 60. The bill, having failed to receive the requisite constitutional majority, was lost. Mr. Campbell of Walker gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 546.
The following Bill of the House wa& again taken up for consideration:
HB 94. By Messrs. Overby of Hall, Bennett of Barrow, Duncan of Carroll, Green of Rabun and others: A Bill to be entitled an Act to amend the Peace Officers' Annuity and Benefit Fund Act of 1950, and for other purposes.
The following amendment to HB 94, was read and adopted:
Mr. Nightingale of Glynn, moves to amend HB 94 by striking from the

TUESDAY, FEBRUARY 13, 1951

76'5

title the words "to make certain provisions regarding fines and costs;" and by striking Section 4 in its entirety, and by renumbering Sections 5, 6 and 7, to be numbered 4, 5 and 6.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 114, nays 2.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 507. By Messrs. Rogers of Heard, McGarity of Henry, Peacock of Dodge, Boggus of Ben Hill and and others:
A Bill to be entitled an Act to provide for licensing of dealers and brokers <>f livestock, and for other purposes.
By unanimous consent, further consideration of HB 507, was postponed until Wednesday, February 14, 1951, immediately after the period of unanimous consents.

The following Bill of the House was taken up for the purpose of considering the unfavorable report of the Committee:
HB 320. By Messrs. Adams of Upson and Peacock of Dodge:
A Bill to be entitled an Act to provide that in all cases in which a defendant would heretofore be sentenced to death by electrocution it shall be mandatory upon the trial judge to direct a sentence of 99 years, and for other purposes.
Mr. Ray of Warren moved that the House agree to the report of the Committee.
The unfavorable report of the Committee was agreed to and the bill was lost.
Under the regular order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 357. By Messrs. Covington, Scoggin and Hall of Floyd, Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act creating the :State Scho<>l Building Authority for the Deaf and Blind, and for other purposes.
The report 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.
Under the regular order of business, the following Bills and Resolution of

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JOURNAL OF THE HOUSE,

the House were taken up for consideration, read the third time and postponed until Wednesday, February 14, 1951, immediately after the period of unanimous consents:

HB 101. By Messrs. Mackay, McWhorter and Bell of DeKalb, and Twitty of Mitchell:
A Bill to be entitled an Act to provide for the creation of the office of Judge of the City Court Emeritus and the office of Solicitor, City Court Emeritus, and for other purposes.

HB 322. By Messrs. Langdale of Lowndes and Stewart of Habersham:
A Bill to be entitled an Act to create an Agricultural Commodities Authority, and for other purposes.

HB 545. By Messrs. Covington, Scoggin and Haa of Floyd:
A Bill to be entitled an Act to authorize any county, municipality or other subdivision of the State of Georgia, to convey, sell, exchange or dispose of real estate for public purposes, and for other purposes.
HR 81-361. By Messrs. Covington, Scoggin and Hall of Floyd:
A Resolution to compensate Millard E. Weaver, Clinton Brock and several others for injuries sustained in line of duty as State Militiamen in the National Guard, and for other purposes.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

HB 416. By Messrs. Tarbutton of Washington, Nightingale and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act to authorize the Jekyll Island State Park Authority to enter into a contract for the building of a bridge across Jekyll Creek to be operated as a Toll bridge, and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

HB 517. By Messrs. Tarbutton of Washington, Gowen of Glynn and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act entitled "Jekyll Island State Park Authority Act," and for other purposes.
The following amendment to HB 517, was read and adopted:
Mr. Gowen of Glynn amends HB 517 as follows:
By striking from flection 2 the following words wherever they appear in

TUESDAY, FEBRUARY 13, 1951

767

said Section: "furnishings, fixtures, and supplies of any kind whatsoever," and of any kind whatsoever."
and by striking from the caption of said bill the words, "supplies, furnishings, fixtures."
and by adding a new Section to be numbered Section 6, to read as follows:
"The authority shall retain all books, china, furnishings, materials and other personal property which are intrinsically associated with the history of Jekyll Island and its previous owners, so that an appropriate museum thereof may be later established."
and by numbering the last Section as Section 7.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 123, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 185. By Mr. Johnson of Hall:
A Bill to be entitled an Act to provide for the giving of security by owners and operators of motor vehicles, and for other purposes.
The following amendments to HB 185, was read and adopted:
1. Mr. Johnson, of Hall County, moves to amend HB 185 by adding a new sub-section to Section 1, to be numbered No. 10 and to read as follows:
Number 10: "Accident-collision of any motor vehicle with another vehicle or with any object in which any person is killed or injured or in which damage to the property of any one person in excess of $50.00 is sustained." The word "accident" as used in this Act shall mean "conviction" as set forth in Section 7-A.
2. Mr. Johnson, of Hall County, moves to amend HB 185 by adding a new section thereto, to follow Section 7 and to be known as Section 7-A and said Section to read as follows:
Section 7-A. Upon conviction of any of the following offenses of an owner or operator by a court of competent jurisdiction it shall be mandatory upon the Director to revoke said owner's or operator's license and/or registration for a period of three (3) years:
(1) Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of intoxicating liquors or drugs; (3) Any felony in the commission of which a motor vehicle is used; (4) Failure to stop and render aid as required under the laws of this State in the event of a motor vehicle accident involving the owner or operator and resulting in the death or personal injury of another, or leaving the scene of an accident as specified by the law of this State; (5) Perjury or the making of a false affidavit or statement under oath to the Department under this Chapter or under any other law relating to the ownership or operation of motor vehicles; (G') Conviction of a misdemeanor; or forfeiture of bail, not vacated, upon three charges of violation of the

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JOURNAL OF THE HOUSE,

motor vehicle laws of this State within a period of 12 months; provided that this shall not include violations which do not affect the safety of human life or limb on the streets or highways of this State.
The Director shall, after the expiration of sixty (60) days from date of conviction, reinstate the drivers license and registration of an owner or operator who has been convicted of any of the above offenses only in the event said owner or operator has qualified as required in this Act as a self-insurer, or produces evidence to the Director that he has obtained a policy of liability insurance, issued by a company authorized to do business in this State, or produces evidence that he has obtained a surety bond from a surety company authorized to do business in this State. The liability insurance policy shall provide for payment of not less than Five Thousand ($5,000.00) Dollars because of bodily injury to, or death of one person in any one accident, of not less than Ten Thousand ($10,000) Dollars because of bodily injury to, or death of two or more persons in any one accident and if the accident has resulted in injury to or destruction of property, to a limit of not less thafi One Thousand Dollars because of said injury or destruction of property of others in any one accident. If owner or operator prefers to place a surety bond in lieu of the above described liability policy said bond shall cover the same amounts as set out above. If the Director is convinced that said operator or licensee does not have the above described financial responsibility coverage any time during a period of three (3) years following the conviction of said operator or licensee of any of the above offenses, it shall be the duty of said Director to immediately revoke the license and registration of the owner or operator involved.
3. Mr. Johnson of Hall moves to amend HB 185 as follows:
In Section 4, and in Section 5, Subsection (a) by striking the figures $100.00 and substituting in lieu thereof the figures $50.00.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 107, nays 14.
The bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Adams of Brantley requested that the Journal show that he voted against the passage of the bill.

By unanimous consent, the bill was ordered immediately transmitted to the Senate.

HB 131. By Messrs. Murphy of Haralson and Overby of Hall:
A Bill to be entitled an Act to repeal an Act relating to compensation of Court Reporters, and for other purposes.
The report 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.

TUESDAY, FEBRUARY 13, 1951

769

HB 425. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and McCracken of JeffersQn:
A Bill to be entitled an Act to define the status of the business of publishing newspapers, magazines, etc., and require same to answer any charge brought in such publication against any person, and for other purposes.

The following amendment to HB 425, was read and adopted:

Mr. Twitty of Mitchell moves to amend HB 425 by striking the following language in Section 2, to-wit:

"or publish any such news item, article, editorial column or other matter critical of any such public officer."

The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

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

Those voting in the affirmative were Messrs.:

Adams of Brantley Aycock Ball Bargeron Battles Baughman Bennett Best Birdsong Boggus Boone Burgamy Burkett Byrd Callier Cates Glary Coogle Durham

Flynt Gillis Green of Rabun Greene of Crisp Guthrie Hadden Harrell Hilton Hood Hopkins Huddleston Jones of Lumpkin Jordan Kennedy Kitchens Lewis of Hancock Lovett McCracken McGee

Mangum Newman Peacock Ramsey Raulerson Risner Rollins Short Sivell Todd Trapnell Turk Twitty Vickers Walker of Telfair Wheeler White Willingham

Those voting in the negative were Messrs.:

Abney of Walker Adams of Evans Adams of Upson Alverson Bell of DeKalb Bell of Richmond Bentley Biggers Bolton Brantley Britton Campbell of Oconee Clark

Claxton Cornelius Cranford De en Dews Dicus Dorsey Duncan Durden Fears Freeman Gardner Garrard

Gary Gowen Graham
Green of Cherokee Greer Griffith Groover Hale
Hall of Toombs Harper Hawkins Henderson Herrin

770

JOURNAL OF THE HOUSE,

Holley Hollis Ivey Johnson of Hall Johnston Jolly Jones of Bartow Kelley Key Kidd Knight Lam Lanier Lewis of Greene Little McKelvey McWhorter Mackay Matthews Mims

Murphy Murr Musgrove Nelson Neville Nightingale Otwell Overby Owens Page Pickett Pittard Register
Robertson of Coweta Robertson of Dawson Rowland Scott Simmons Smiley M. M. Smith of Fulton

Hoke Smith of Fulton Stephens of Towns Stewart Stocks Sumner Tamplin Tarpley Vandiver Waldrop Weems Whitworth Wiggins Wilkes Wilkinson Williams 'of Cobb Wood Wooten Wright

Those not voting were Messrs.: Abney of Catoosa, Barber of Colquitt, Barber of Jackson, Barrett, Beasley, Black, Brannen, Brazeal, Brooks, Campbell of Walker, Carr, Clay, Coffin, Covington, Dally, Deason, Denton, Edenfield, Green of Irwin, Hall of Floyd, Harris, Jackson, Jessup, Kemp, King, Langdale, Lavender, Leach, McGarity, Mishoe, Mull, Parker, Pickard, Ray, Rogers, Scoggin, Sheffield, Smith of Bryan, Smith of Carroll, Smith of Emanuel, Stevens of Marion, Tarbutton, Terry, Tillman, Tippens, Tumlin, Ursrey, Walker of Crawford, Warren, Williams of Houston, Willis, and Mr. Speaker.

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

On the passage of the bill, as amended, the ayes were 56, nays 97.

The bill, having failed to receive the requisite constitutional majority, was

lost.



Mr. Bennett of Barrow gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 425.

The following Bill of the Senate was placed on the calendar for the purpose of considering the unfavorable report of the Committee:
SB 75. By Senator Millican of the 52nd and Stephens of the 50th: A Bill to be entitled an Act to create within the Department of the Secretary of State a Commission to be known as Georgia Historical
Commission, and for other purposes. Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 381. By Messrs. Otwell of Forsyth, Ursrey of Jeff Davis, Kemp of Clayton, Wiggins of Stephens, Overby of Hall and others:

TUESDAY, FEBRUARY 13, 1951

771

A Bill to be entitled an Act to authorize and direct the Georgia Department of Commerce to establish and maintain welcome information stations at main highway entrances into 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 107, nays 0.
The bill, havingreceived the requisite constitutional majority, was passed.

HB 265. By Messrs. Leach of Rockdale, Best of Clay and Lavender of Elbert:
A Bill to be entitled an Act to amend an Act which relates to the compensation of County Superintendent of Schools, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Stewart, 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 149. By Senators Carlisle of the 7th, Rawls of the lOth, Williams of the 49th, Edenfield of the 2nd, Strickland of the 38th, and Chastain of the 41st:
A bill to fix the domicile of corporations engaged in publishing newspapers, magazines, etc.; to fix the venue of actions in tort against such corporations; and for other purposes.

SB 206. By Senators Carlisle of the 7th, Connell of the 6th, and Duncan of the 34th:
A bill to amend Section 43-625 of the Code of Georgia of 1933 relating to sinking fund of the State Park Authority to provide for payment of principal and interest on revenue bonds issued by the authority from gross revenues and earnings; and for other purposes.

SB 207. By Senators Carlisle of the 7th, Connell of the 6th, and Duncan of the 34th:
A bill to amend Section 43-138 of the Code of Georgia of 1933 to provide the division of State Parks, Historic Sites and Monuments may enter into contracts with the State Park Authority for the operation, maintenance and preservation of any projects, and for other purposes.

772

JOURNAL OF THE HOUSE,

SB 200. By Senator Hargreaves of the 5th:
A bill to make the Tax Commissioner of Atkinson County ex officio sheriff for the purpose of collecting tax fi. fas.; to provide his compensation and for other purposes.

SB 203. By Senator Millican of the 52nd:
A bill to abolish the department of Health and office of the Director of Public Health for the City of Atlanta; to require City of Atlanta to reimburse the Board of Health or similar agency of DeKalb County for services to the City of Atlanta located in DeKalb County; and for other purposes.

SB 204. By Senator Millican of the 52nd:
A bill to amend an Act approved !.\larch 20, 1943 (Ga. Laws 1943, pp. 371-385) to provide such amendment shall apply to all counties having a population of 300,000 or more; to provide for supplying health services in municipalities of 300,000 or more, located partly in such counties and partly in other counties and for other purposes.

The following Resolutions of the House were read and adopted:
HR 130. By Messrs. Twitty of Mitchell, Tarbutton of Washington, Murr and Burgamy of Sumter and many others:
A RESOLUTION
WHEREAS, The House and Senate by joint resolution created a special committee consisting of five members from the House and three members from the Senate to investigate the Welfare Department, and
WHEREAS, The work in the House and Senate has been so heavy that said Committee has been unable to complete said investigation, and
WHEREAS, It is now impossible that said investigation be completed at this part of the present session;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that said Committee be continued as a hold-over Committee to complete said investigation.
BE IT FURTHER RESOLVED, That if said investigation is not completed within thirty working days, then the Speaker of the House and the President of the Senate are authorized to continue for such longer period as in their discretion is deemed advisable.
BE IT FURTHER RESOLVED, That the members of said Committee shall for their services receive the usual per diem and allowances for expenses and mileage usually allowed members of the House and Senate while the same is in session.

TUESDAY, FEBRUARY 13, 1951

773

HR 131. By Messrs. Matthews and Pittard of Clarke, Gillis of Treutlen, Bell of Richmond, and others:
A Resolution providing that the University of Georgia Committee inspect the New Veterinary Building and facilities at the University of Georgia, and for other purposes.

HR 132. By Messrs. Dews of Calhoun, Twitty of Mitchell, Nightingale of
Glynn, Greer of Lanier, Gary of Quitman, Overby of Hall, Smith of Carroll, Durden of Dougherty, and many others:

A RESOLUTION
WHEREAS, The Honorable Frank Lunsford of Leary, Georgia, has for several years been a most respected member of the Georgia General Assembly; and,
WHEREAS, The Honorable Frank Lunsford on February 12, of this year suffered the loss of his Mother, Mrs. W. 0. Lunsford, who died at a very advanced age; and
THEREFORE, BE IT RESOLVED, That the House of Representatives, express its great sympathy and condolence to the Honorable Frank Lunsford during this time of trial.
BE IT FURTHER RESOLVED, That a copy of this resolution be spread on the Journal of the House of Representatives and a copy forwarded without delay to the Honorable Frank Lunsford at Leary, Georgia.

Mr. Twitty of Mitchell moved that the House do now adjourn until 9 :00 oclock, A. M., tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock, A. M., tomorrow morning.

774

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. February 14, 1951.

The House met pursuant to adjournment at 9:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. George H. Coker, Pastor, Macedonia Baptist Church, Manchester, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any bill on the General
Calendar in any order that he desires.

By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the Committees:
HB 606. By Mr. Burgamy of Sumter:
A Bill to be entitled an Act to amend an Act entitled "An Act to define reckless driving, and to prohibit the same", and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 607. By Messrs. Gardner of Dougherty and Twitty of Mitchell:
A Bill to be entitled an Act to provide that in all criminal trials in the Courts of this State wherein a contention is made on behalf of the accused that he was mentally incompetent at the time the act or acts charged against him were committed, the trial Judge shall require the

WEDNESDAY, FEBRUARY 14, 1951

775

jury, in case of acquittal on such contention, to so specify in the verdict; and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 608. By Messrs. Vandiver and Wood of Bibb:
A Bill to be entitled an Act to amend an Act to provide a pension and/or retirement plan and fund for county employees and/or officers of Bibb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 609. By Mr. Murr of Sumter:
A Bill to be entitled an Act to repeal an Act relating to practical nurses; to provide for the licensing of practical nurses, etc., and for other purposes.
Referred to the Committee on Education # 1.

Mr. Lovett of Laurens 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 recommendations:
HB 300. Do Pass.
Respectfully submitted,
Lovett of Laurens,
Chairman.

Mr. Greene of Crisp County, Chairman of the Committee on Commerce, submitted the following report:
Mr. Speaker:
Your Committee on Commerce 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 156. Do Pass.
Respectfully submitted,
Greene of Crisp,
Chairman.

Mr. Alverson of Fulton 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 considera-

776

JOURNAL OF THE HOUSE,

tion 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 182. Do Pass. SB 175. Do Pass. SB 197. Do Pass. SB 196. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Alverson of Fulton 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 121. Do Pass, as Amended. SB 135. Do Pass, as Amended. SB 98. Do Pass, as Amended. SB 89. Do Pass, as Amended. SB 109. Do Pass, by Substitute. SB 95. Do Pass, by Substitute.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education #1, submitted the following report:
Mr. Speaker:
Your Committee on Education # 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 219. Do Pass.
HB 571. Do Pass.
Respectfully submitted,
Duncan of Carroll,
Chairman.

WEDNESDAY, FEBRUARY 14, 1951

777

Mr. Rogers of Heard County, Chairman of the Committee on General Agriculture #2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture #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 318. Do Pass, as Amended.
HB 572. Do Pass.
Respectfully submitted,
Rogers of Heard,
Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General Judiciary #1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #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 399. Do Not Pass.
Respectfully submitted,
Gowen of Glynn,
Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General . Judiciary #2, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary #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 57. Do Not Pass.
HB 260. Do Not Pass.
SB 12. Do Pass.
HB 509. Do Pass.
Respectfully submitted,
Hollis of Muscogee,
Chairman.

Mr. Smith of Bryan County, Chairman of the Committee on Hygiene and Sanitation, submitted the following report:

778

JOURNAL OF THE HOUSE,

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

SR 28. Do Pass.

Respectfully submitted, Smith of Bryan,

Chairman.

Mr. Overby of Hall 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 Resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 49. Do Pass.
HR 114-549a. Do Pass.
Respectfully submitted,
Overby of Hall,
Chairman.

Mr. Barber of Colquitt 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 Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 184. Do Pass.
SB 192. Do Pass.
Respectfully submitted,
Barber of Colquitt,
Vice-Chairman.

Mr. Greer of Lanier County, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Public Welfare has had under consideration the follow-

WEDNESDAY, FEBRUARY 14, 1951

779

ing Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 261. Do Pass. Respectfully submitted, Greer of Lanier, Chairman.

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

HB 261. By Mr. Turk of Banks:
A Bill to be entitled an Act to provide that danger signs be displayed in swimming pools indicating deep water, and for other purposes.

HB 300. By Mr. Risner of Hart:
A Bill to be entitled an Act to appropriate money for the care and support of indigent children infected with TB under the age limits for hospitalization, and for other purposes.

HB 318. By Messrs. Rogers of Heard, Overby of Hall, Byrd of Taylor and many others:
A Bill to be entitled an Act to amend an Act known as "Eggs, Marketing Regulations", and for other purposes.

HB 509. By Messrs. Hollis of Muscogee, Ray of Warren, Smith of Emanuel and Smith of Fulton:
A Bill to be entitled an Act to provide a uniform system for the registration of marriages, divorces, etc., and for other purposes.

HB 572. By Messrs. Murr of Sumter, Rogers of Heard and Ursrey of Jeff Davis:
A Bill to be entitled an Act to provide for Certified Public Weighers, and for other purposes.

HR 114-549a. By Mr. Overby of Hall:
A Resolution requesting the Congress of the United States to retain the full strength of the National Guard, and for other purposes.

SB 12.

By Senators Branch of the 47th, Connell of the 6th and Hargreaves of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Court, Emeritus, and for other purposes.

SB 156. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act pertaining to conduct of Jewelry Auctions, and for .other purposes.

780

JOURNAL OF THE HOUSE,

SB 175. By Senator Willingham of the 39th:
A Bill to be entitled an Act creating the "Cobb County-Marietta Water Authority", and for other purposes.

SB 182. By Senator Coffin of the 12th:
A Bill to be entitled an Act to provide for the holding of two terms a year of the Superior Court of Stewart County, and for other purposes.

SB 184. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta providing that vacancies in the office of Chief of Police and Chief of the Fire Department to be filled by the Mayor and General Council, and for other purposes.

SB 192. By Senator Farrar of the 42nd:
A Bill to be entitled an Act to amend the Charter of the Town of Trion, and for other purposes.

SB 196. By Senator King of the 24th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Marion, and for other purposes.

SB 197. By Senator King of the 24th:
A Bill to be entitled an Act to repeal the Act creating the office of Commissioner of Roads and Revenue for Marion County, and for other purposes.

SR 28.

By Senator Wall of the 9th.
A Resolution proposing an amendment to exempt from all taxation all hospitals of this State which maintain facilities for charity cases, and for other purposes.

SR 49. By Senator Gould of the 4th:
A Resolution protesting the passage of the proposed several amendments to the Selective Service Act of 1948 which affects the National Guard, and for other purposes.

The following Communication was read:
WHEREAS, heretofore there has been submitted to the voters of Fulton County on two occasions, questions in connection with the enactment of the Plan of Improvement now pending in legislative form before the General Assembly of Georgia; and
WHEREAS the initial submission of said Plan of Improvement or portion thereof was submitted to the voters of Fulton County at a Primary held June 28, 1950, as follows:
The question, "Do you favor the proposed Plan of Improvement

WEDNESDAY, FEBRUARY 14, 1951

781

submitted by the Local Government Commission ..." was submitted only to the following communities and voting precincts as follows:
(a) City of Atlanta, including all precincts in the City of Atlanta; (b) Bryants (c) Buckhead A (d) Buckhead B (e) Center Hill (f) Collins A (g) Collins B (h) Collins C (i) Cooks (j) Peachtree A (k) Peachtree B (1) Pooles (m) South Bend (n) Blackhall (o) Adamsville and
WHEREAS, it was represented that the above precincts constituted all of the voters of Fulton County who would be affected by said Plan of Improvement; and
WHEREAS, the result of said referendum was: For the Plan, 23,927; against the Plan, 6,761, in the rural areas and precincts and in the City of Atlanta in which said referendum was submitted to the voters; and
WHEREAS, it will readily be seen that the Plan was not submitted to the following voters of Fulton County in the Primary of June 28, 1950:
Alpharetta Big Creek Campbellton College Park Double Branch East Point
Fairburn
Goodes Grogans

782

JOURNAL OF THE HOUSE,

Hapeville

Little River New Town Oak Grove Old First

Old North Palmetto Red Oak Rivertown Roswell

Sandtown
Union
Union City
and therefore a substantial portion of the citizens and voters of Fulton County were deprived of the opportunity of expressing themselves at said referendum; and

WHEREAS at the General Election held November 7, 1950, all constitutional amendments designed to implement the Plan of Improvement were presented to all the voters of Fulton County, at which time the voters of Fulton County, other than those residing in the City of Atlanta voted against all amendments, the particular vote thereon being as follows:

#21
#22 #23 #24 #25 #26 #27 #28 #29

For 7,342 6,389 7,424 6,033 5,811 5,202 4,169 5,348 5,096

Against 7,574 8,519 8,738 7,185 7,789 7,001 7,372 6,035 7,046;

and

WHEREAS, the pending legislation before the present session of the General Assembly clearly demonstrates that every citizen and voter in Fulton County will be affected thereby and the much publicized statements to the effect that the Plan of Improvement has twice been approved by the citizens of Fulton County is both inaccurate and misleading; and

WHEREAS, the report of the Local Government Commission of Fulton County concerning the Plan of Improvement promulgated January 1950 and on page 41 thereof under the heading, "Popular Referendum", specifically states:

WEDNESDAY, FEBRUARY 14, 1951

783

"If this question does not get a majority vote in both areaseven if the various constitutional amendments are passed giving the General Assembly the authority to proceed with the plan-it is recommended that the legislative representatives take no further steps to put the Plan of Improvement into effect."
and therefore it appears that the action of the proponents of the Plan of Improvement under the circumstances with respect to the referendums held thereon is not in accord with the promises made by the Local Government Commission and the agreement under which the same were submitted to the voters of Fulton County.
NOW, THEREFORE, BE IT RESOLVED BY THE Democratic Executive Committee of Fulton County, at special meeting assembled Qn February 13, 1951, as follows:
FIRST. That the House of Representatives of the State of Georgia not pass any of the forty (40) "Plan of I~rovement" bills of Fulton County until all the voters of Fulton County have an poportunity to vote on each part of the plan.
SECOND. That the Governor of the State of Georgia be requested to exercise his constitutional power of veto to prevent the enactment of pending legislation designed to put into effect the so-call~d Plan of Improvement.
The above motion was made by Mr. H. F. Berton, seconded by Mr. Chas. A. Mayer and carried by a vote of twenty-two (22) for and one (1) against.
This is to certify that the foregoing is a true and correct copy of a resolution made, -carried .and made a part of the minutes of the February 13, 1951, meeting of the Fulton County Democratic Executive Committee.
J. H. Vickers, Jr., Chairman.
ATTEST:
Neill Leach, Secretary.

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HB 600. By Messrs. Brantley and Adams of Upson:
A bill to be entitlE:d an.Act to .amend.an Act relating to the fees of Coroners and Jurors in certain co~nties to change the population figures contained therein, and for other purposes.
The report of -the Committee, which was favorable to the passage of the bill, was agreed t?.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 601. By Messrs. Graham, Holley and Bell of Richmond:
A bill to be entitled an Act to amend an Act to abolish the Office of

784

JOURNAL OF THE HOUSE,

Public Safety Commissioner of the City of Augusta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 602. By Mr. Wilkes of Cook:
A bill to be entitled an Act to amend an Act entitled Adel, City of, Incorporated, and for other purposes.
The report of the Comanittee, 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 603. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, to authorize the removing of condemned property at the owners expense, and for other purposes.

The following Substitute to HB 603, was read:

AN ACT
To amend an Act establishing a new charter for the City of East Point, approved August 19, 1912, 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:

Section 1.
Section 16 of an Act approved February 17, 1950 (Georgia Laws 1950, p. 2574) providing that:
"Police officers of said city shall have the power and authority to effect an arrest anywhere within the State of Georgia for an offense against the ordinances or laws of said city committed within said city or without the limits of said city if the results of said violations are evidenced by conditions created or continued within said city, or if the violation of a penal ordinance within the limits of said city is caused by someone without the limits of said city such person causing such violation shall be subject to arrest by East Point policemen anywhere in Georgia,"
be and the same is hereby repealed.

WEDNESDAY, FEBRUARY 14, 1951

785

Section 2.
The rate of interest the City of East Point shall hereafter be authorized to collect is hereby reduced from seven per centum ( 7 o/c) per annum to six per centum ( 6 o/o ) per annum on taxes, licenses, and assessments for street, sidewalk, sewer, or any other thing, improvement, service, cost or expense of which said City is authorized to assess against some person or property, or which said City is authorized to assess against some person and property.

Section 3.
No person shall hereafter be nominated for or elected to the office of alderman of the City of East Point by ballot of the voters of only one ward of said City. In all primaries and elections hereafter held in said City for the office of alderman a majority of all the votes cast in the entire City in any such primary or election shall be necessary to win the nomination or election as the case may be; provided, that more than two aldermen shall never reside in the same ward of said city at the same time, and provided further, that candidates for alderman in any primary or election hereafter held in said City for the office of alderman shall designate the incumbent or last incumbent of the office such candidate desires to succeed.

Section 4.
The term next after the expiration of the present term of the present mayor and aldermen of said City and all future terms thereafter of mayor and aldermen shall be four (4) years except only the term of each alderman elected in December, 1951 which shall be three (3) years; provided, "present term" as used in this Section means the term of office for which the incumbent mayor and aldermen elected by the people were elected in 1950.

Section 5.
In addition to the method now provided for removal of mayor or any llllember of the City Council of East Point said officers and each of them shall be subject to removal during their respective terms of office in the following additional manner: When one-fourth of the qualified voters of said City as shown by the qualified voters list used in the last preceding general municipal election shall so request in a petition filed in the office of the City Clerk an election shall be called and held within thirty (30) days from the date of the filing of said petition, at which election the only subject shall be the recall or nonrecall of the mayor or any member of the City Council or of the mayor and any member of the City Council, or any two members of the City Council. It shall be the duty of the Board of Registrars of said City to check the names on said voters list and certify to the City Council of East Point the number of qualified voters thereon in order that the City Council of East Point may be able to correctly determine whether the required number has signed said petition. This certified list shall be submitted to the City Council of East Point with said petition. Said petition must be filed with said City Clerk at least five (5) days prior to the meeting of the City Council of East Point at which said petition and certified list is considered by the City Council of East Point in

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JOUR~AL OF THE HOUSE,

order that said list may be checked as herein provided. When said petition with said certified voters list is filed as heretofore provided the City Council of East Point shall order an election to be held within thirty (30) days as above mentioned if one-fourth of the qualified voters determined as above provided appear to have signed said petition. Such election shall be held under the same rules and regulations as govern other regular City elections. At this special election each ballot shall be as follows, with the names of the officer or officers and the office or offices inserted in the blank as follows, to-wit:

FOR THE RECALL OF -----------------------------------
HOLDING THE OFFICE OF
, AGAINST THE RECALL OF ________________________________
HOLDING THE OFFICE OF ----------------------------------
If a majority of the votes cast in said election favor the recall of such officer or officers such office or offices is hereby declared vacant at the moment said votes are canvassed and the result announced by the City Council of East Point. A meeting of the City Council of East Point shall be called and held for this purpose, if no regular meeting intervenes, within not less than five (5) days from the date of said election. At said meeting the election managers shall make a return of the votes cast in said election by report of same to the City Council of East Point in writing, and thereupon the City Council of East Point shall examine said returns and declare the result. Vacancies created by recall as herein provided shall be filled in the same manner as vacancies created otherwise are filled.
If an election is held on a recall petition and the official involved wins the election he shall not be subject to further recall election during the term for which he shall have been elected.
If an election is held on a recall petition the mayor or alderman for whos.e recall the. election is held shall not be qualified to act on said petition or in receiving and declaring the result of any election held thereon or in calling an election.

Section 6.
A personnel board is hereby created for the City of East Point, said board to consist of five (5) competent and upright citizens without any present or previous connection with the City of East Point or any of its departments. _Members of said board shall be appointed by the Mayor of said city with the advice and consent of the City Council of East Point. Each member of said board shall be appointed for a term of five (5) years except the first terms of four (4) of the first members appointed which shall be staggered one, two, three and four years. Each term thereafter shall be five ( 5) ;years. . The term of each of the first or original members appointed shall be designated by the Mayor in the appointment and shall commence with the re-organization meeting of the City Council on Tuesday after the first Monday in January, 1951, so that all future appointments shall be made at the re-organization meeting of the City Council in January in each year.

WEDNESDAY, FEBRUARY 14, 1951

787

The duties of said board shall consist of formulating and conducting examinations for all officers and employees employed or appointed to serve during good behavior and efficient service; to formulate and adopt standards of excellence and efficiency and standards of behavior for judging, grading, advancing, promoting, demoting, disciplining, and discharging officers and employees; to formulate and adopt rules and regulations to determine questions of eligibility and qualifications of applicants for offices or positions under the government of said City; to provide for a classified and for an unclassified service under the government of said City, and to provide for eligibility lists from which to appoint, elect or employ necessary personnel for each department of said City. Said classified service shall embrace only those elected, appointed or employed to serve during good behavior and efficient service; Provided, none of said standards, rules or regulations shall become of force unless nor until adopted by ordinance by the City Council of East Point.
Members of said personnel board shall receive such compensation as shall be fixed by the City Council of East Point, but not in excess of $100.00 per annum plus actual and necessary expense for stenographic, secretarial or clerical service and necessary office supplies for the efficient performance of their duties to be judged of and determined by the City Council of East Point.

Section 7.
The discharge or suspension of any officer or employee of said City elected, appointed or employed to serve during good behavior and efficient service or otherwise shall be final and conclusive unless such suspended officer or employee shall file a request in writing for a hearing with the City Council of East Point within five (5) days from the date of such suspension or discharge; provided no suspension or discharge shall be of any force or effect unless the same be in writing dated and signed by the officer or employee discharging or suspending the officer or emtployee discharged or suspended, a copy of which written suspension or discharge shall be furnished such suspended or discharged officer or employee on request, and it shall not be necessary to furnish said suspended or discharged officer or employee any other notice or copy of charges unless nor until it is requested in writing served in person on the Mayor or the head of the department in which such officer or agent is suspended, nor unless such request is so served within five (5) days from the date of such discharge or suspension.
Discharged or suspended officers or employees of said City shall receive no compensation for the time elapsing between the discharge or suspension and the filing of a written request for a hearing even if exonerated and re-instated as a result of the hearing. Discharged or suspended officers and employees not reinstated on a hearing before the City Council shall receive no compensation for any time subsequent to the discharge or suspension.

Section 8.
All seniority, civil service, retirement or other advantages resulting from length of service with the City of East Point shall be forfeited and lost by each officer and employee quitting his or her office, work or position for more compensation or for any other cause and shall not

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JOURNAL OF THE HOUSE,

be reinstated or re-employed or re-appointed or re-elected or restored to his or her former office, work or position at a higher rate of compensation except where it is an imperative necessity, in which case such re-appointed, re-elected, re-employed or re-instated officer or employee shall occupy the status of a beginner or new employee as if he or she had never been employed, elected or appointed to any office or position in any department of said city.

Section 9.
Any female employee of said city otherwise entitled to retire and receive the full maximum retirement benefits due to her membership in and contributions to the East Point Employees Retirement System shall be entitled to retire and receive such full maximum retirement benefits upon her completion of twenty-five (25) years service without regard to her age.

Section 10.
No person holding any office or position, elective or appointive, under any other federal, state, city, county or other government or governmental agency which requires regular hours or which pays a fixed remuneration for services rendered shall be eligible to hold any office or position under the government of the City of East Point if such East Point office or position requires regular hours of employment and pays a fixed remuneration for services rendered East Point, and a violation of this section will result in a vacancy in the East Point office or position held by such person violating this section.

Section 11.
The indictment of any officer or employee of said City by any state or federal grand jury for any criminal offense shall suspend and disqualify any such indicted officer or employee from further exercising his or her office or representing or acting for said City, which suspension and disqualification shall continue during the pendency of such indictment and until such indicted officer or employee is acquitted of the offense covered by such indictment, unless such officer or employee is re-instated and qualified by the affirmative vote of every member of the City Council of East Point, including the Mayor, not under such indictlll';ent; Provided, further, that the acts and doings of any indicted officer or employee shall not be held invalid on account of the pendency of such indictment unless nor until the City Council of East Point has notice of the pendency of such indictment.

Section 12.
The form of all executions issued for taxes, costs of street, sidewalk, sewer or other improvements, or for fines in the Recorder's Court of said City, or for any other expense, costs, license, or special assessment shall be prescribed by ordinance.

Section 13.
A summons or copy of charges issued by a policeman or policewoman shall have the same force and effect as if issued by the city clerk,

WEDNESDAY, FEBRUARY 14, 1951

789

and the name or signature of the city clerk shall not be necessary to the validity of such summons or subpoena, nor shall the name of the mayor or recorder be required; provided, a summons or subpoena issued in the na~ of the mayor, recorder, or the city clerk of said city shall be valid, and persons failing or refusing to attend any session of the Recorder's Court or appear before any meeting of the City Council or committee thereof, or of any board, bureau, commission or authority under the government of said city shall be guilty of an offense punishable by fine as for a contempt in the Recorder's Court of said city.
Subpoenas, warrants, executions, notices, levies of executions and entries of levy on executions, and entries of service on warrants or notices shall all be subject to amendment at any time by the issuing or executing officer.

Section 14.
In the absence, disqualification or disability of the City Clerk, his assistant or any duly appointed deputy shall exercise all of the power, authority and jurisdiction of the city clerk of said city.

Section 15.
Said city shall have power and authority to contract for group health, life, accident, hospitalization, and other forms of group insurance and to participate with its officers and employees in carrying such insurance in wP,ich such officers and employees themselves participate by contributing their part of the premiums thereon, and for such purposes said city shall be authorized and empowered to deduct from the weekly, monthly or other earnings of its employees participating in such insurance that part of the premium due to be paid by such participating officers and employees.

Section 16.
Said city is authmized and empowered to acquire by purchase, gift, dedication, condemnation or otherwise land necessary for a sanitary-fill, as well as land suitable for farm purposes, and for such other purposes as it may be necessary in working prisoners, and disposing of garbage or other refuse.

Section 17.
Police officers of said city are authorized to be armed with a pistol and black-jack at all times while on duty, but it shall be unlawful for a police officer to lend or let such pistol or black-jack to any one not authorized to receive it.

Section 18.
The City of East Point shall have power and authority to extend, construct, lay, maintain, repair, enlarge, improve, expand and operate water, electric, sewer and sanitary lines, systems and facilities within and without said city (including garbage disposal facilities and premises), and to any point and at any place within or without said city, and to charge, contract for and receive compensation for said service,

790

JOURNAL OF THE HOUSE,

and on such terms and conditions as may be prescribed or agreed to by said city, and to this end said city may acquire by purchase, gift, dedication, condemnation or otherwise any lands, easements, rights of way and other properties deemed needful or convenient for any of said purposes.

Section 19.
Sidewalks shall be laid on one side of a street and the cost thereof assessed against the abutting properties and the owners thereof where they or the owners of more than fifty per cent (50 o/o) of the street frontage on that side of said street request sidewalks on that side of said street. Sidewalks may be laid on either or both sides of any street and the cost thereof assessed against abutting properties and the owners thereof without the consent of any of the owners of the street frontage affected when, in the judgment of the City Council of East Point, such sidewalks should be laid.

Section 20.
The costs of laying sewers or water lines shall not be assessed against abutting property when laid through private property for the sole benefit of persons other than the abutting property owners, but shall be assessed against the specially benefited owners and their properties for whose benefit they are laid, or if not laid for the special benefit of any one or more persons but for the general public such cost shall be paid out of the general treasury of said city.

Section 21.
Said city shall be empowered and authorized to use city funds for acquiring lands and constructing and equipping a hospital thereon and to operate and maintain such hospital, or to participate with any other city or cities or governments or governmental agency or private persons or corporations in establishing, maintaining and/or operating a hospital or clinic, and to support the same from city funds, and to charge patients for accommodations and services therein, and to make rules and regulations for the admission of patients and for the use of said hospital by doctors practicing therein, and for the government and managelll,lent of said hospital and its operation.

Section 22.
Said city shall be authorized and empowered to assess the cost of any water line against the abutting property and the owners thereof when such line is not laid for the general welfare of the city, but for the special benefit of such abutting properties or the owners thereof.

Section 23.
The construction of sewers and the laying of sidewalks and streets, the cost of which is to be assessed against the abutting property and the owners thereof, shall be provided for by ordinance. After the first reading of such ordinance notice of its introduction in the City Council shall be published one time in the official organ of said city at least ten (10) days before the passage of said ordinance. Said notice

WEDNESDAY, FEBRUARY 14, 1951

791

shall contain a statement of where the improvement is to be made, the general character, material, size, width, extent, height, and such other information as may seem appropriate with reference thereto, stating that the cost thereof shall be assessed against the abutting property and owners thereof and stating what the estimated cost of such improvement will be, and stating when and where interested persons will be heard to object. The second reading of such ordinance shall not be waived until after the expiration of said notice, nor until after an opportunity to be heard has been afforded all abutting property owners.

Section 24.
Any ordinance except as provided in the preceding section may be adopted at the meeting at which it is first read by unanimous consent of all members of the City Council who are present, or at any subsequent meeting; provided those present constitute a quorum of the City Council.

Section 25.
Cost assessed against abutting property for sewers, sidewalks or streets shall include all cost of such improvement, including any necessary engineering, surveying, ditch digging, back filling, grading, blasting, dynamiting, pipe laying, all joints, and accessories, and the tearing up and repaving or repairing of streets, sidewalks and curbing and extending any sewer or line to the private property line of the property to be assessed.

Section 26.
Said city shall have power and authority to license electricians, plumbers, contractors and others and to require examinations as conditions precedent to granting of such license; create examining boards and prescribe by ordinance the minimum requirements in such examitions and to appoint the members of such boards.

Section 27.
Abatement of nuisances in said city where the nuisance consists of a condition or conditions of property of non-resident owners shall consist of notice to the agent within said city of East Point of such nonresident owner, but if such non-resident owner has no agent within the city a warrant may issue against said non-resident owner and be executed by any sheriff, deputy sheriff, constable, marshal, policeman or coroner of any other city, town or county of this state, and said City of East Point shall abatQ. said nuisance at the expense of said owner and issue an execution for same and levy it on said property or such part thereof as may be necessary to pay said expense, said assessment and execution to be a lien against said property prior and superior to all others except state and county taxes. Property levied on under such execution shall be advertised and sold as property is sold for taxes in said city.

Section 28. Said city shall have the power and authority to close, abandon,

792

JOURNAL OF THE HOUSE,

open, grade, improve, repair, straighten, widen, lay out and work streets, lanes, alleys, sidewalks, ways, and roads in the discretion of said city, and shall notbe liable for exercising such authority.

Section 29.
The cost of street curbing shall be assessed against the abutting property and the owners thereof as the cost of sidewalks are assessed by said city.

Section 30.
Said city shall have power and authority to establish a system of numbering houses in said city, and to assign appropriate street numbers to the various houses on the various streets, alleys, roads, lanes, drives and ways of said city, and to compel said houses to be properly numbered.

Section 31.
Said city is authorized and empowered to prohibit the flying of airships or airplanes so low as to frighten, alarm, annoy, injure or harrass citizens of said city, or become a nuisance to the citizens in their homes in said city.

Section 32.
Said city shall have power and authority to sell, assign and transfer any and all assessments and executions levied, assessed or issued for sewers, streets, sidewalks, curbing, water lines, taxes, licenses, costs, expenses or other cause.

Section 33.
Said city shall never have any power or authority to sell or otherwise dispose of its bonds voted by the qualified voters of said city for less than par.

Section 34.
The recorder's court of said city may be held at any time fixed by the Recorder on sufficient notice to all parties and witnesses; provided ten ( 10) days' public notice posted in the Recorder's courtroom and in front of the police station of said city and published in the official organ of said city at least ten (10) days in advance of such change shall be sufficient. Said court shall be held in the Recorder's courtroom of said city or at such other place in said city as may be established for this purpose by ordinance by the City Council of East Point, or by the Recorder in case of extreme emergency for a single sitting.

Section 35.
It shall be unlawful for any airplane or airship or flying machine to be operated over said city at an altitude of less than 300 feet, nor unless the pilot or operator of such machine is ascending and continues

WEDNESDAY, FEBRUARY 14, 1951

793

to gain altitude. All acrobatic or stunt flying over said city shall be prohibited and excess noises of motors of airplanes shall not be permitted.

Section 36.
Bail required of persons arrested by officers of the City of East Point may consist of lawful money of the United States deposited as security in lieu of an individual surety or bonding company signature; provided such money is deposited only with the station lieutenant or other officer in charge of the police station at the time the deposit is made, and a duplicate receipt for such deposit is issued by said station lieutenant or officer in charge of the police station at the time, a copy of which receipt shall be furnished to the person depositing the bail money, and a carbon copy of said receipt shall remain in a well-bound book kept for this purpose; said receipt to state the name of the person depositing the said bail money, the date of the deposit, and the amount thereof, and the date the case is set for a hearing in the Recorder's Court of said city. Bail money deposited as aforesaid shall be turned in to the city treasury with a report thereof on the date it is received or before the expiration of the next business day thereafter, and it shall be the duty of the treasurer of said city to keep all such funds in a separate account to be known as Bail Money Fund. Bail mpney deposited as bail for the appearance of persons subsequently acquitted in the Recorder's Court of said city shall be promptly refunded to the persons entitled thereto upon presentment to the city treasurer of the receipt therefor properly endorsed by the Recorder of said city showing the final disposition of said case, and not otherwise. The person entitled to such refund shall be the bearer of said receipt in all cases.

Section 37.
All construction, buildings, and electrical and plumbing work done within the City of East Point shall conform to the building, plumbing and electric ordinances and codes adopted by the City Council of East Point.

Section 38.
Soliciting charity or relief campaigns within said city shall be subject to regulation by ordinance by the City Council of East Point.

Section 39.
Permission for the temporary erection, establishment, installation or use of any temporary building, structure, fence, shed, premises, agency, device, business or thing allowed as an exception to any rule, ordinance, law or regulation of said city shall not exceed 90 days, and any such structure, use, agency or device shall be subject to preemptory removal, destruction or abatement at the expiration of such period by said city at the expense of the person responsible for continuing beyond said 90 day limit.

Section 40. No franchise granted by said city to any company or exercised

794

.JOURNAL OF THE HOUSE,

under its authority shall ever be assigned, transferred, sold or consolidated with any other company without the written consent of the City Council of East Point.

Section 41.
Said city shall have a corporate seal which shall consist of the words "City of East Point, Georgia" in a circle with the figures "1889" also in said circle at the bottom thereof, and the word "Seal" in the center of said circle, said words and figures so cut or fixed in a metal device so that said seal can be impressed on written instruments to which said city is a party. The city clerk of said city shall be the custodian of said corporate seal.

Section 42.
The mayor of said city shall have the power, but only on recommendation of the recorder, to pardon any city prisoner or reduce the punishment, fine or sentence imposed, but not after such fine has been paid or such sentence has been served.

Section 43.
In any primary or election by the people each candidate for public office shall have the right to be present at the counting of the ballots by the election managers and to see the ballots and inspect the same as they are counted and to have a representative present when it is impossible for such candidate to be present for said purpose.

Section 44.
Unless the disqualification of an interested or related mayor or aldermen would reduce the qualified members of the City Council of East Point present at a given meeting to less than a quorum neither the mayor nor any alderman shall be qualified to act or vote in a judicial or quasi-judicial capacity on any matter in which he or they have a direct or indirect personal, financial, political or other interest which will render it impossible for such mayor or alderman to act for the public interest on said matter, nor shall a mayor or alderman act or vote in a judicial or quasi-judicial capacity in any case in which he or they are related to any of the parties at interest by blood or marriage within the sixth degree ail computed according to the civil law; provided, that for such disqualification to be effective it must be brought to the attention of the City Council of East Point before going into the merits of the matter at issue. The City Council of East Point shall be the judge of the question of disqualification of its members in any matter in which the issue is raised. Interest or lack of interest, and relationship or the absence of relationship shall not disqualify a mayor or alderman to act in his legislative or executive capacity.

Section 45.
Cases in the Recorder's Court of said city shall be prosecuted by the police officer directly responsible for making the case or by the city attorney.

WEDNESDAY, FEBRUARY 14, 1951

795

Section 46.
The right of anyone adjudged guilty of an offense in the Recorder's Court of said city to appeal from such judgment to the City Council of East Point is hereby repealed, so that from the passage and approval of this act there shall be no right of appeal from the Recorder's Court of said city to the City Council of East Point; provided this does not impair the right of appeal by certiorari to Superior Court of Fulton County, upon compliance with the law governing appeal by certiorari, and Sec. 39 of said Act of 1912 is amended accordingly.

Section 47.
The City Council of East Point is hereby authorized and empowered to adopt and pass such ordinance:;;, rules and regulations as it may deem necessary to prevent and reduce fire, health, moral, peace, theft, fraud, and similar hazards, and to minimize the loss and impairment of life, liberty, health and property in said city on account of said hazards. To this end said city is authorized and empowered to prohibit the renting of premises for human habitation or the occupancy thereof when such premises are unfit for human habitation; and to adopt reasonable standards of fitness of premises for human habitation, and to deter~ne in each case after notice and an opportunity to be heard whether such standards of fitness have been met by the owner of such premises; and to declare premises devoted to human habitation a nuisance and abate the same as such when such premises are unfit for human habitation; and to provide other and additional penalties for violation of said ordinances, rules and regulations.

Section 48.
Sections 18 and 19 of an Act approved March 24, 1939 (Ga. Laws 1939, pp. 1024 and 1025) creating the offices of water and light superintendent, assistant water and light superintendent, street foreman, assistant street foreman, meter reader, assistant meter reader, assistant city clerk, superintendent of sanitary department, and assistant superintendent of sanitary department, and providing that the terms of each of said offices shall be one year from the date of their election or appointment and qualification, and until their respective successors are elected and qualified, are hereby amend9d by adding at the end of each of said sections of said Act the following words: "Provided, the City Council of East Point may, in its discretion, elect or appoint any and all of said officers and employees to serve during good behavior and efficient service without any fixed term or tenure, but subject to demotion, suspension and discharge for inefficiency or bad conduct."

Section 49.
Any regular, stated, special, called, adjourned or recessed session or meeting of the City Council of East Point, or any committee thereof, the Recorder's Court of said City, or any board, bureau, commission, or authority of said city or any department thereof with a quorum present may, by majority vote of the members present then and there entered on its minutes or record of its proceedings, adjourn, continue or recess such meeting or session to any future hour of the same day or to any

796

JOURNAL OF THE HOUSE,

future day and hour up to but not beyond the next regular or stated meeting or session.

Section 50.
Assessments for public improvements such as streets, sidewalks, sewers and the like payable in deferred installm!E!nts shall all become due and payable in full if any payment of any installment becomes in default when due and remains in default for as much as 30 days.

Section 51.
All assessment liens of said City shall bind the abutting property and the owners thereof from the date of the adoption of the ordinance or resolution authorizing the improvements and assessment of the cost thereof against abutting property and the owners thereof.

Section 52.
Said city is hereby authorized and empowered in its discretion to rent or lease for its benefit any of its real estate for which it has no immediate use for a fair and adequate rental.

Section 53.
Notice of intention of the City of East Point to apply for this local legislation was published three (3) times in the Fulton County Daily Report in three (3) separate calendar weeks during a period of sixty (60) days next preceding the introduction of this Bill in the Legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of this State.

Section 54.
All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the Substitute to HB 603, was read and adopted:
The Fulton Delegation moves to amend Substitute for HB 603 by adding the following sections.

Section 53.
Any building, structure, or thing built, constructed, erected, created, established or maintained in violation of any valid law or ordinance of the State of Georgia or City of East Point shall constitute a nuisance and, upon the owner's failure or refusal to tear down, dismantle, or remove the same after 30 days' notice in writing from said City to do so, said City is authorized and empowered to dismantle, tear down and remove the same at the owner's expense; provided, no permanent structure of condition for which a building permit was issued by said City within the 30 days next preceding the commencement of said structure or condition shall be torn down, dismantled, abated, or removed

WEDNESDAY, FEBRUARY 14, 1951

797

after the same shall have been completed. Said City is authorized and empowered to adopt ordinances and resolutions appropriate for such purposes.

Section 54.
Said City is authorized and empowered to abate said nuisances at the expense of owners and/or those guilty of creating or maintaining the same, and to enforce payment of said expense by execution issued by the City Clerk of said City, or by any form of civil action in any court of competent jurisdiction, or by fine in the Recorder's Court of said city, or by such fine and civil action, or by execution, fine, and civil action, and to adopt ordinances and resolutions appropriate for such purposes.

Section 55.
The City Council of East Point is hereby authorized and empowered to condemn or cause to be condemned any worn-out pavement of any street or sidewalk within said city and repave the same or cause the same to be repaved, and assess the cost of said repaving against the abutting properties and the owners thereof as is provided for in cases of original pavement of streets and sidewalks in said city under existing laws, and to adopt ordinances and resolutions appropriate for such purposes.

Section 56.
The full time tax assessor of said City may be required, authorized and empowered by ordinance to investigate and determine when the business license ordinances of said City are being violated, and to enforce said ordinances by prosecuting violators thereof in the Recorder's Court of said City; and for these purposes only said officer shall have all of the powers and authority of a police officer of said City.
The Substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 181. By Senator Oliver of the 54th:
A bill to be entitled an Act to amend an Act to provide for establishing a County Police Force for Tattnall County, and for other purposes.

The following amendment to SB 181, was read and adopted:
Mr. Mishoe of Tattnall offered the following amendment:
Amend SB 181 by adding to the caption thereof before the words "and for other purposes", the following:

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JOURNAL OF THE HOUSE,

"to provide that all law enforcement officers of Tattnall County who are engaged in enforcing traffic regulations on the streets and highways of Tattnall County shall be clothed in a uniform to be approved by the governing authority of Tattnall County; to provide that all motor vehicles used by said law enforcement officers engaged in enforcing traffic regulations of this state in Tattnall County shall be designated and marked as such pursuant to specifications as set out by the governing authority of Tattnall County; to provide for the placement of sirens and other equipment on such mjOtor vehicles; to provid., that all said law enforcement officers shall have the same training provided for members of the Georgia State Patrol; to provide for a penalty; to provide for the distribution of fines",
And by adding the following Sections:
"Section 3. That all sheriffs, deputy sheriffs, county police officers and any other law enforcement officers of Tattnall County whose duties require them to engage in the enforcement of traffic regulations upon the public streets and highways of said county, shall be at all times while so engaged in such duties clothed in a uniform, the style, specification and design of which shall first be approved by the governing authority of Tattnall County.
"Section 4. That all motor vehicles which are used by said officers while enforcing the traffic regulations upon the public streets and highways of Tattnall County shall be plainly marked so as to show that same is such type of motor vehicle. The specifications for such marking and design shall be promulgated by the governing authority of Tattnall County.
"Section 5. That such motor vehicles shall contain sirens and other equipment and shall be placed in substantially the same position as those on the motor vehicles used by the Georgia State Patrol.
"Section 6. That no such law enforcement officer shall engaged in enforcing traffic regulations upon the public streets and highways in Tattnall County until such law enforcement officer shall have had equivalent training to that which is required of the highway patrolmen of the Georgia State Patrol.
"Section 7. That when any fine or bond forfeiture is collected for the violation of any of the traffic laws and regulations in Tattnall County, if the violation occurred on a state or federal highway or if the arrest for such violation was made on a state or federal highway, the arresting officer nor any other official of any city, county or court shall receive any part of the fine and all of such fine shall go into the general fund of Tattnall County, but if the arrest is made within th~ corporate limits of a municipality, all of the fine shall go into the general fund of the municipality.
"Section 8. That any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor."
And by renumbering Section 3 as "Section 9".
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

WEDNESDAY, FEBRUARY 14, 1951

799

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 180. By Senator Oliver of the 54th:
A bill to be entitled an Act to amend an Act to establish the City Court 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 bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 191. By Senator Coleman of the 18th: A bill to be entitled an Act to amend the charter of the Town of Hephzibah, and for other purposes.
The report 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 193. By Senators Farrar of the 42nd and Mavity of the 44th: A bill to be entitled an Act to supplement the salary of the Judge of the Superior Courts of the Lookout Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0. The bill, having received the requisite constitutional majority, was passed.
SR 45. By Senator Farrar of the 42nd: A Resolution directing the State Librarian to furnish law books to the Superior Court of Chattooga 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 111, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 185. By Senator Williams of the 19th:
A bill to be entitled an Act to provide that a subsistence payment of $75.00 per month may be made to the sheriffs of counties having a population of not less than 4500 inhabitants and not more than 4525 inhabitants; and for other purposes.

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The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 107. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide a method of garbage disposal systems in unincorporated portions of Fulton County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 108. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act of 1937 relating to systems of garbage disposal in counties of 200,000 or more, and for other purposes.
The report of the Committee, which was favorable to the pasage 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.

SB 110. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal the Act of 1945 establishing Parks and Recreation Commission in Fulton County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, 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 to amend the Charter of the City of Atlanta, to provide for establishment of an Advisory Commission for Parks, and for other purposes.

The following amendment to SB 111 was read and adopted:
The Fulton delegation moves to amend SB 111 as follows:
By adding at the end of Section 1, to become a part of said section, the following:
"The tax provided for herein shall be in addition to all other tax authorized by the Charter of the City of Atlanta, as amended."

WEDNESDAY, FEBRUARY 14, 1951

801

Section 3 of said SB 111 is stricken and the following is enacted in lieu thereof, to be known as Section 3:
"Section 3. There is hereby created in the Department of Parks of the City of Atlanta two Assistant General Managers of Parks, one of whom shall be the present Assistant General Manager of Parks and the other position of Assistant General Manager of Parks shall be filled by the present Director of Recreation of Fulton County, namely, Fred Boswell, if he should so elect, on January 1, 1952. The Assistant General Managers of Parks shall be entitled to all the rights, privileges and immunities of the General Employees Civil Service Act, and vacancies in said position or either of them shall be filled in accordance therewith."
Said SB 111 is further amended by striking therefrom in their enti~ty Sections 4 and 5 thereof.
Sections 6 and 7 of said SB 111 are renumbered to read Sections 4 and 5 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 112. By Senator Millican of the 52nd:
A bill to be entitled an Act to limit mileage for Public Works expenditures in counties having a population of 300,000 or more, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 113. By Senator Millican of the 52nd:
A bill to be entitled an Act to limit in counties having a population of 300,000 or more the use by such counties of convict labor, county property or county funds in constructing and maintaining a system of roads within the limits of a municipality, and for other purposes.

The following amendment to SB 113 was read and adopted:
Mr. Kemp of Clayton moves to am.end SB 113 by adding a new section to be numbered 3A to follow immediately after Section 3 which shall read as follows:

SECTION 3A.
The foregoing Section 3 shall not apply to municipalities having a population of less than 20,000 according to the official Census of the United States of 1950, or any future census where such munici-

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JOURNAL OF THE HOUSE,

pality lies in more than one county. Such municipalities shall have the right to contract with the county governing authorities of either 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 114. By Senator Millican of the 52nd:
A bill to be entitled an Act to require the Commissioners of Roads and Revenues of Fulton County to furnish office space for use by the Board of Tax Assessors and Receivers of the City of Atlanta in the Fulton County Court House, and for other purposes.
The report 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.

SB 115. By Senator Millican of the 52nd:
A bill to be entitled an Act to consolidate the offices of Tax Receiver and of Tax Collector of Fulton County into the office of Tax Commissioner 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 116. By Senator Millican of the 52nd:
A bill to be entitled an Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for all property taxable in that portion of the City of Atlanta located in Fulton County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 117. By Senator Millican of the 52nd:
A bill to be entitled an Act to require the governing authority of Fulton County to fix the levy of taxes not later than May 15, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 14, 1951

803

On the passage of the bill, the ayes were 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 119. By Senator Millican of the 52nd:
A bill to be entitled an Act to require the county authorities in all counties having a population of 300,000 or more to specify in any tax levy the percentage, number of mills or fractional part thereof levied for each purpose, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 122. By Senator Millican of the 52nd:
A bill to be entitled an Act to require elections to be held in public buildings in all counties having a population of 300,000 or more, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, 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 regulate elections so as to require candidates to file record of convictions in state courts in counties having a population of more than 300,000, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 124. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act to regulate primary elections in all municipalities having a population of more than 200,000, by providing how such elections shall be conducted, and for other purposes.
The report 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.
The bill, having received the requisite constitutional majority, was passed.
SB 126. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the Charter of the City of Atlanta
so as to make election days holidays, and for other purposes.

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JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 127, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 127. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the Charter of the City of Atlanta by making the Parks Committee a charter committee, and for other purposes.
The report 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 90. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the Charter of the City of Atlanta to provide that outside areas may be annexed to the City of Atlanta by petition, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 165. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act relating to the position of Chief of Police in all 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 130, nays 0.
The bill, having received the requisite constitutional majority, was passed. SB 166. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the Charter of the City of Atlanta relating to civil service in the fire department, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 131, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 167. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act to provide in Fulton County a system for pension and retirement payment to teachers and

WEDNESDAY, FEBRUARY 14, 1951

805

employees of the Board of Education of Fulton County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 132, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 168. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act establishing Civil Service in fire departments in cities of the State of Georgia 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 133, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 169. By Senator Millican of the 52nd:
A bill to be entitled an Act amending the Charter of the City of Atlanta fixing the compensation for the planning engineer and the municipal revenue collector, and for other purposes.
The report 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.

SB 128. 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 135, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 129. 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 136, nays 0. The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

SB 134. By Senator Millican of the 52nd:
A bill to be entitl~d an Act to provide for the election of public officials by cities 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 137, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 136. By Senator Millican of the 52nd:
A bill to be entitled an Act to prevent the sale or lease by counties of a certain population of land held for public park purposes, without the consent of the Grand Jury, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 138, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 159. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the Fulton County Employees Pension Code, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 139, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 160. By Senator Millican of the 52nd:
A bill to be entitled an Act to fix the salary of the 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 140, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 161. By Senator Millican of the 52nd:
A bill to be entitled an Act to require the assumption by Fulton County of obligations to Fulton County school employees, and for other purposes
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 141, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 14, 1951

807

SB 162. By Senator Millican of the 52nd:
A bill to be entitled an Act to require separate precincts in all elections for each group of 5000 registered voters 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 142, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 163. By Senator Millican of the 52nd:
A bill to be entitled an Act applicable to counties and cities of a certain population, and providing for voting by mail, so as to provide a precinct at the courthouse in county election, and at the city hall in city elections, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 143, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 183. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the County Manager law, relating to 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 144, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 92. 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 145, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 96. By Senator Millican of the 52nd:
A bill to be entitled an Act to establish an Atlanta-Fulton County Joint Performance Committee, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 146, nays 0.

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JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed.

SB 97. 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 147, 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 amend the General Employees Pension Law 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 148, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 100. 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 149, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 102. By Senator Millican of the 52nd:
A bill to be entitled an Act to require Atlanta and Fulton County to make a survey of personnel practices and merit systems, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 103. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act relating to primary election in cities 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.

WEDNESDAY, FEBRUARY 14, 1951

809

The bill, having received the requisite constitutional majority, was passed.

SB 104. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act relating to County Police in certain counties having a city therein with a certain population, and for other purposes.

The following amend~nt to SB 104, was read and adopted:
Fulton Delegation moves to amend SB 104 as follows: By striking the word "payment" in line 3 of Section 11.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 105. By Senator Millican of the 52nd:
A bill to be entitled an Act to establish a method for providing fire protection systems in the unincorporated portion of Fulton County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, 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 the Charter of the City of Atlanta, amending the Police Pension Law, and for other purposes.

The following amendment was read and adopted:
The Fulton Delegation moves to amend SB 93, Section 1, sub-section (a) by striking the words "The matching" in line 3 of said sub-section and inserting in lieu thereof the following words "an equal amount to represent the"
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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 91. 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.

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JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
The Fulton Delegation moves to amend SB 91 by striking the second sentence in Section 2 and inserting in lieu thereof the following:
"He shall not however have any power or authority to exercise any functions or perform any duties relating to public health or sanitation in any area under his jurisdiction that are similar in character to activities or services then being carried out or rendered in the same area by the Board of Health or other similar agency of Fulton or 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 111, nays 0.
The bill having received the requisite constitutional majority was passed, as amended.

SB 94. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act to provide that cities having a certain population shall furnish aid, relief and pensions to members of paid fire departments now in active service, and for other purposes.

The following amendment was read and adopted.
The Fulton Delegation moves to amend SB 94, Section 1 sub-section (a) by striking the words "the matching" in line 4 of said sub-section and inserting in lieu thereof the following words "an equal amount to represent the"
The report of the Committee which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed, as am.ended.
SB 125. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the Charter of the City of Atlanta, and for other purposes.
The following amendment to SB 125, was read and adopted:
The Fulton Delegation moves to amend SB 125 by striking therefrom Section 2 in its entirety and enacting in lieu thereof the following, to be known as Section 2 :
"SECTION 2. That the provisions of the Charter, as amended by Section 10 of the Act approved on the 25th day of February, 1949 (Ga. Laws, 1949, pp. 1111-1112), providing that the Mayor and General Council shall not have authority to increase basic salaries or automobile allowances of any officer or employee except during the month of January, is hereby amended to read as follows:
" 'The Mayor and General Council shall not have any authority

WEDNESDAY, FEBRUARY 14, 1951

811

to increase the basic salaries or automobile allowances of any officer or employee of the City during any calendar year except upon ordinances or resolutions introduced in the General Council and finally adopted and approved on or before the 31st day of March of any year; provided, however, that this shall not prevent the fixing of any salaries for new officers or positions created, or prevent the Mayor and General Council from reducing salaries because of economic conditions, or from abolishing positions. This section shall constitute the only restriction upon the power and authority of the Mayor and General Council in the matter of fixing salaries except where salaries are specifically fixed by the terms of this charter as amended.' "
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 118. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide for the security of pension rights of retired officers, etc., in counties having a certain population, and for other purposes.

The following amendment to SB 118, was read and adopted:
The Fulton Delegation moves to amend SB 118, Section 2 by inserting the following words between the words "Treasurer" and "of" in line 12, "or other disbursing office."
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.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 101. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the Charter of the City of Atlanta, and for other purposes.

The following amendment to SB 101, was read and adopted:
The Fulton Delegation moves to amend SB 101 by striking from sub-section A of 19-101 the words 18 mills and substituting therefor the following: 14% mills unless the said City shall operate a Health Department and in that event 16 mills.
And by striking from sub-section B of section 19-101 in line 7 and 8 the following language "within the limits provided in Article VIII, Section 12, paragraph 1 of the Constitution of the State of Georgia of 1945 and substituting therefor the following: "not to exceed 7 mills."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.

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JOURNAL OF THE HOUSE,

On the passage of the bill, as amended, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
SB 170. By Senator Millican of the 52nd:
A bill to be entitled an Act to establish a Metropolitan Planning District for Fulton and DeKalb Counties, and for other purposes.
The following amendment to SB 170, was read and adopted:
The Fulton and DeKalb delegations moved to amend SB 170 by adding a new Section to Article IV, as follows:
"Section 3. Funds for the com;mission shall be provided by Fulton and DeKalb Counties and the City of Atlanta as follows:
"The commission each year shall adopt a budget and submit it to Fulton and DeKalb Counties and the City of Atlanta for their approval. If Fulton and DeKalb Counties and the City of Atlanta all approve said budget, then the funds necessary to meet said budget shall be provided by them as follows:
"The City of Atlanta shall provide 40% of the total amount of said budget.
The remaining 60 o/o of the total amount of said budget shall be provided by Fulton and DeKalb Counties, pro rata, in proportion to the total amounts shown on their respective tax digests."
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.

SB 106. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act relating to facilities for fire protection for citizens and property 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 130. 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 following amendments to SB 130, were read and adopted:
The Fulton Delegation moves to Amend SB 130 by adding thereto the following:

WEDNESDAY, FEBRUARY 14, 1951

813

SECTION 4. Section 9 of an Act approved March 20, 1939 (Georgia Laws 1939, page 841), codified as Section 6-408 of the Code of the City of Atlanta of 1942, be and the same is hereby repealed and the following is enacted in lieu thereof, to be known as Section 6-408 (a) and Section 6-408 (b):
"Section 6-408 (a). Temporary Appointments. Whenever it is impossible to certify three qualified and available eligibles to a position vacancy in the classified service, the appointing authority may, with the approval of the Director, make a temporary appointment. A person so appointed shall acquire no civil service privileges. Such an appointment shall not extend beyond 15 days after the certification of three qualified and available elegibles.
"Section 6-408 (b). War Service Appointments. Whenever a position vacancy exists because of the fact that the perm.anent occupant is on an authorized military leave-of-absence, such vacancy shall be filled by certification from an eligible register with a War Service Appointment for the duration of the leave. A certified eligible accepting such a position will serve a probationary period, be entitled to salary increments, and all civil service privileges, except that he shall retain no rights to the position upon the proper reinstatement of the employee returning from leave. If fewer than three eligibles are available for a War Service Appointment, a Temporary appointment may be made with the approval of the Director."
SECTION 5. That Section 12 of an Act approved March 20, 1939 (Georgia Laws 1939, page 841), as amended by Section 4 of an Act approved March 8, 1945 (Georgia Laws 1945, page 1044), codified as Section 6-411 of the Code of the City of Atlanta of 1942, be amended by adding at the end of said Section the following:
"All promotions shall be for a probationary period of six (6) months but the Director and the appointing authority may extend such probationary period to one (1) year. During any probationary period the person so promoted may be demoted by the appointing authority to the position he formerly held without a hearing. Any person so demoted shall be credited with any increments that he would have earned in the position formerly held by him had he not been promoted."
so that, as amended, said section shall read as follows:
"Section 6-411. Promotion. Promotions of employees covered by this Article shall be made only according to merit and fitness and must be ascertained by competitive examinations, regardless of the number of applicants seeking promotion. Such examinations shall be conducted by the Director. All promotions shall be for a probationary period of six (6) months but the Director and the appointing authority may extend such probationary period to one (1) year. During any probationary period the person so promoted may be demoted by the appointing authority to the position he formerly held without a hearing. Any person so demoted shall be credited with any increments that he would have earned in the position formerly held by him had he not been promoted."
SECTION 6. That Section 13 of an Act approved March 20, 1939, (Georgia Laws 1939, page 841) codified as Section 6-412 of the Code of the City of Atlanta of 1942, be amended by adding a new sub-paragraph, to be known as subparagraph (3) thereof, as follows:

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(3) A former employee, reemployed or reinstated under the provisions of this Section, may be credited for pay increment purposes with all former service in the class in which he is reemployed and service in any higher class at the discretion of the appointing authority."
so that, as amended, said Section shall read as follows:
"Section 13. Reemployment. (1) Whenever any employee in the Classified service, who has been performing his duties in a satisfactory manner, as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the Director and the head of the department under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the Director shall cause the name of such employee to be placed on the reemployment list for the appropriate class for reemployment within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the reemployment list for any class shall be in the order according to dates of applications for reemployment. No person shall be reinstated or have his name restored to a reemployment list unless such resignation is withdrawn within three years after it has been presented and accepted.
"(2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall submit to the Director in such form as may be prescribed by the Board a request that the Director certify to him the names of persons eligible for reemployment in the class in which the vacant position is established. The Director shall immediately certify to the appointing authority the names of persons on appropriate registers.
" (3) A former employee, reemployed or reinstated under the provisions of this Section, may be credited for pay increment purposes with all former service in the class in which he is reemployed and service in any higher class at the discretion of the appointing authority."
SECTION 7. That Section 17 of an Act approved March 20, 1939, (Georgia Laws 1939, page 841) codified as Section 6-416 of the Code of the City of Atlanta of 1942, be amended by striking therefrom the last sentence in said Section, which is as follows:
"Leave of absence for a period not to exceed six consecutive months in any twelve months period may be granted to any employee without pay upon request of the employee when approved by the appointing authority and the Director notified in writing."
and enacting in lieu thereof the following:
"Leave of absence for a period not to exceed twelve months may be granted to any employee without pay upon request of the employee when approved by the appointing authority and the Director notified in writing."
and by striking the words "or provisional", appearing in said Section in the third line on page 855 (Georgia Laws 1939, page 841)
so that, as amended, said Section shall read as follows:

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Section 17. Lay-off and Leave of Absence Without Pay. An appointing authority may leave off a classified employee whenever he deems it requisite due to unusual conditions or shortage or stoppage of work or funds. In every case of this kind the appointing authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and the Director. Any person who has been appointed to a position in the classified service, or who shall have attained a civil service status, under the provisions of this Act, other than a tellllporary appointee, and who has been laid off for the reasons stated in this section of the Act, shall have his name placed on an appropriate reemployment register. Leave of absence for a period not to exceed twelve months may be granted to any employee without pay upon request of the employee when approved by the appointing authority and the Director notified in writing."
SECTION 8. Be it further enacted that Section 3 of an Act approved March 8, 1945, (Georgia Laws 1945, page 1044) codified as Section 6-418 of the Code of the City of Atlanta of 1942, be amended by repealing Sub-Section (a) thereof, which is as follows:
"(a) Where an employee is dismissed from the service, he shall have the right, within 2 years, to apply for reinstatement. Upon making an application for reinstatement to the Personnel Board, he may be reinstated, Without taking an examination, to the classified service, provided, such reinstatement is recommended by the head of the department he was in at the time of his dismissal and approval of the personnel Board."
and enacting in lieu thereof the following, to be known as Sub-Section (a) thereof, as follows:
"(a) An employee who has been dismissed from the service may be reinstated without examination within three years after the effective date of his dismissal, upon recommendation of the head of the department from which he was dismissed and the approval of the Personnel Board."
so that, as amended, said Section shall read as follows:
"6-418. Appeals. Whenever the Director refuses to examine an applicant or after examination to certify an eligible, as provided in this Article, then said Director if requested by the person so rejected, shall give to him a full and explicit statement of the exact cause for such refusal to examine or certify, as the case may be. The person so rejected may ask for a review of the case by the Board, which shall be granted, and said Board by a Majority vote shall have power to render a final decision in writing to the person asking for the review. Such decision of the Board shall be binding on all concerned.
"(a) An employee who has been dismissed from the service may be reinstated without examination withtin three years after the effective date of his dismissal, upon recommendation of the head of the department from which he was dismissed and the approval of the Personnel Board."
SECTION 9. Be it further enacted that Section 21 of an act approved March 20, 1939, (Georgia Laws 1939, page 841) codified as Section 6-420 of the Code of the City of Atlanta of 1942, which is as follows:

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"6-420. Residence. Positions in the classified service shall be filled by citizens of the City of Atlanta, who have been residents thereof for at least two years immediately preceding the date of examination. In the discretion of the Board, residence requirements may be waived only for technical and professional positions for which qualified applicants who are residents of the city cannot be obtained, or the work to be done is in city service outside of the city limits. Removal of residence outside of the city limits shall be grounds for removal unless permission to remove is granted by the Board and approved by the General Council."
be and the same is hereby repealed.
SECTION 10. Be it further enacted that Section 24 of an Act approved March 20, 1939, (Georgia Laws, 1939, page 841) codified as Section 6-423 of the Code of the City of Atlanta of 1942, be and the same is hereby repealed and the following is enacted in lieu thereof, to be known as Section 6-423 of the Code of the City of Atlanta of 1942:
"6-423. The Board and all employees in the calssified service shall before assuming their duties subscribe to the following oath: 'I hereby promise and swear that I shall perform the duties of the position to which I have been appointed and of any other position to which I may hereafter be appointed or elected in the government of the City of Atlanta to the best of my ability. I shall uphold and defend the Constitution and laws of the United States, the State of Georgia, and the Charter and ordinances of the City of Atlanta to the best of my ability.'"
SECTION 11. Be it further enacted that not later than January 1, 1952, the Mayor and General Council shall establish by ordinance a pay plan for all classes of positions in non-school departments, and the Board of Education shall establish a pay plan for all classes of classified positions in the School Department. Each of these plans shall consists of a series of pay grades, each successive grade having a higher minimum and a higher maximum pay, respectively, than the grade immediately below it. Each class of positions of the non-school departments and of the School Department shall be assigned to the appropriate pay plan. Such pay plans may be amended by the Mayor and General Council as to all classes of positions in non-school departments and by the Board of Education for all classes of classified positions in the School Department subject to the limitations contained in this charter relating to the period during which the Mayor and General Council may grant salary or wage increases.
The Personnel Board shall recommend to the Mayor and General Council the assignment of each class of non-school positions to pay a grade, and shall recommend to the Board of Education the assignment of each class of school position in the classified service to pay grade, consistent with the position classification plan.
Amendment to the pay plan by changing a range or ranges of the pay grades or by removing a class of position from one pay grade to another shall be recommended by the Personnel Board and approved by the Mayor and General Council for non-school positions and recommended by the Personnel Board and approved by the Board of Education for school positions, provided, however, that the Mayor and General Council in the case of non-school positions and the Board of Education in the case of school positions in the classified service may amend said plan notwithstanding the recommendations of the Personnel Board but only after any such proposed amendment shall have been submitted to the Personnel

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Board for its recommendations at least thirty (30) days before its final adoption by the Mayor and General Council as to non-school positions and the Board of Education as to school positions in the classified service. Until the adoption of a new plan as required by this act, amendments or changes to the pay plans now in effect for all non-school employees and for classified school employees shall be accomplished in the manner prescribed above.
Any changes or amendments to the position classification plan now in effect shall be recoll!Jmended by the Personnel Board and approved by the Mayor and General Council for all positions in Non-School departments, and such changes or amendments as to school employees in the classified service shall be recommended by the Personnel Board and approved by the Board of Education in the Manner hereinbefore prescribed.
SECTION 12. Be it further enacted that the powers conferred upon the Personnel Board by the preceding section of this amendment shall not be construed as a delegation of any legislative authority vested in the Mayor and General Council of the Board of Education or a limitation upon their powers to adopt ordinances or resolutions not inconsistent with the Constitution and laws of the United States, the State of Georgia, and the Charter of the City of Atlanta.
SECTION 13. All laws and parts of laws in conflict herewith be and the same are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
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.

SB 132. 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 following amendment was read and adopted:
The Fulton Delegation moves to amend SB 132, Section 1, as follows:
By striking the word "said" in line one of said section.
By inserting the following words after the word "Receivers" on line one of said section "of the City of Atlanta."
By striking the word "said" in line four of said section and inserting in lieu thereof the following "The Fulton".
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the pasage of the bill, as amended, the ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 133. 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.

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The following amendment was read and adopted:
The Fulton Delegation moves to amend SB 133 as follows:
By striking Section 1 in its entirety and inserting in lieu thereof the following:
Section 1. That any common carrier or public transportation company operating wholly or partially within the territory annexed, or any part thereof, may, from and after the annexation of such territory by the City of Atlanta, continue operation in the territory annexed, until otherwise ordered or directed by the regulatory body having jurisdiction thereof, but subject at all times to all of the laws and ordinances of the City of Atlanta pertaining to common carriers or public transportation companies; provided, nevertheless, any such carrier or company whose operation, as the result of the annexation of such territory, includes operation within the limits of the City of Atlanta shall be required to pay to said City of Atlanta a franchise tax as may be determined by the Mayor and General Council of said City.
Section 1-A. This Act shall not be construed as impairing or repealing any existing franchises heretofore granted by law.
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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 89. 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 following amendments to SB 89, were read and adopted:
The Fulton Delegation moves to amend SB 89 by adding to Section 8 thereof the following:
There are hereby created three additional members of the Board of Education of the City of Atlanta affective on the day of the signing of this law. Such members shall serve for the year 1951 in an advisory capacity only.
On the first Wednesday in December, 1951, in the elections herebefore provided for by law their successors shall be chosen and thereafter persons so chosen shall serve as regular members of the Board of Education of the City of Atlanta. The persons who shall fill these positions for the year 1951 shall be: J. C. Shelor, Thomas W. Moore and P. L. Bardin.
The Fulton delegation moves to amend SB 89 by adding a new section as follows:
"Section 4A. The legal title to all real property owned by Fulton County within the corporate limits of the City of Atlanta as the same may be extended on or after the date this Act is approved and assigned

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to or used in connection with a parks and recreational system on the date this Act is approved, shall on January 1, 1952 pass to the City of Atlanta with all rights and appurtenances thereto and subject to all liens and encumbrances thereon, unless conveyed by deed to said City of Atlanta at an earlier date. If no earlier conveyance is made, the proper authorities of Fulton County are directed in order to clarify the record title to said property to execute and deliver to the City of Atlanta on January 1, 1942, or as soon thereafter as practicable, a deed or deeds containing the legal description of said property, but such deeds shall not be necessary to effect conveyance of the legal title."
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 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

SB 95.

By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act providing that counties having a certain population shall furnish aid and relief and pensions to regular members of County Police and Fire Departments, and for other purposes.

The following substitute was read and adopted:
An Act to amend an Act approved March 16, 1939 (Georgia Laws 1939, pages 278-285, inclusive) which is an Act 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 departments but not to supernumeraries, now in active service; and to future members and their dependents in specified cases. To provide that regular members of such county police departments who have served twenty-five (25) years may retire as a matter of right and how such members shall be paid upon such retirement. To provide how such members shall be paid in case of total disability resulting from such service, and how such total disability may be determined. To provide how and what relief shall be paid widows, children or dependents of any such members in case of death of such members. To provide for the creation of a fund from which such payments shall be made. To provide how such funds shall be collected, deposited, managed and paid. To create a Board of Trustees and provide for their selection and election to manage, deposit, receive and disburse said funds and to invest such funds under certain conditions. To provide that the Board of Trustees shall make all necessary rules for carrying out the terms of this Act. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment, nor shall they be assignable; but shall be paid in cash to the beneficiary. To provide that any policeman leaving the service of said department either voluntarily by resignation or involuntarily by dismissal shall be paid two-thirds of such total amount as has been paid into said fund by him by deductions made from his salary or wages. To provide that if any part of this Act shall be held

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unconstitutional the remainder of this Act shall remain in force taken in connection with existing laws. To provide that this Act shall not affect or be affected by any Workmen's Compensation Law or other similar laws. To repeal conflicting laws and for other purposes" as heretofore amended so as to preserve the pension rights of policemen and firemen who because of the extension of limits of a municipality of like population lying wholly or partly in such county and having a public pension system in which such transferred employee may participate, cease to be employed by such county and within thirty (30) days thereafter become employees of such municipality whose limits are so extended; to provide in such cases for the transfer of such poiiceman's or fireman's equity in the county pension fund to the pension fund of such municipality of which he becomes a member; to provide the time and method of such transfer and to define the terms "equity in the county pension fund" and "municipality" as used in this law; to provide that any director of public safety now or hereafter appointed in such counties shall be a member of the pension system created by said county pension law, with all rights and privileges for himself or his beneficiaries and subject to the same duties and responsibilities as other members; to provide that in the event any such county ceases to have a chief of police because of transfer to any city located wholly or partly therein of police functions, then and in that event such chief of police having 25 or more years of service to his credit may retire on a standard service pension without regard to age; to provide a separability clause; to repeal conflicting laws and for other purposes.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
SECTION 1. The above entitled Act which is an Act entitled "An Act to provide that counties having a population of more than 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 Departments but not to supernumeraries, now in active service; and to future members and their dependents in specified cases. To provide that regular members of such County Police Departments who have served twenty-five (25) years may retire as a matter of right and how such members shall be paid upon retirement. To provide how such members shall be paid in case of total disability resulting from such service, and how such total disability may be determined. To provide how and what relief shall be paid widows, children or dependents of any such members in case of death of such members. To provide for the creation of a fund from which such payments shall be made. To provide how such funds shall be collected, deposited, managed and paid. To create a Board of Trustees and provide for their selection and election to manage, deposit, receive and disburse said funds and to invest such funds under certain conditions. To provide that the Board of Trustees shall make all necessary rules for carrying out the terms of this Act. To provide that none of the funds mentioned shall be subject to attachment, garnishment, judgment, nor shall they be assignable; but shall be paid in cash to the beneficiary. To provide that any policeman leaving the service of said department either voluntarily by resignation or involuntarily by dismissal shall be paid two-thirds of such total amount as has been paid into said fund by him by deductions made from his salary or wages. To provide that if any part of this Act shall be held unconstitutional

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the remainder of this Act shall remain in force taken in connection with existing laws. To provide that this Act shall not affect or be affected by any workman's compensation law or other similar laws. To repeal conflicting laws and for other purposes," as heretofore amended is further amended by adding thereto the following new sections to be numbered as set forth in this Act to-wit:
SECTION 33. As used in this law the word 'municipality' shall refer to and mean a municipality having the same population as that described in the county pension law named in the caption of this Act, that is, a population of more than 200,000 according to the United States Census of 1920 or any subsequent census and the words 'equity in the county pension fund' shall mean the full amount which a county policeman or county fireman has paid into the pension fund created by the Act described in the caption of this law plus the full amount of such county's equal contribution thereto paid by such county to match the contribution of such policeman or fireman.
In the event any policeman or fireman should cease to be an employee of such county and should because of extension of the limits of such municipality become within thirty (30) days thereafter an employee of any such municipality having a public pension system in which such former county employee m,ay participate, then and in that event the equity in the county pension fun.d of such former county policeman or fireman shall be immediately transferred by the Board of Trustees or Treasurer thereof to the governing authority of the pension fund of such municipality of which such former county employee is entitled to become a member as an employee of the municipality."
"SECTION 34. In the event a county within the population class described in the title to this law should have a Director of Public Safety, such Director of Public Safety shall be a member of the pension system created by said county pension law, with all rights and privileges for himself and beneficiaries and subject to the same duties and responsibilities as other members."
"SECTION 35. In the event any such county ceases to have a Chief of Police because of transfer to any city located wholly or partly therein of police functions, then and in that event such Chief of Police, provided and on the condition that he has 25 or more years of service to his credit on his pension record, may retire on the Standard Service Pension provided for policemen or firemen by the amendment to said county pension law approved March 8, 1945 (Georgia Laws 1945, pages 1050-1067) and amendments thereto."
SECTION 2. Be it further enacted that if any part, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstitutional.
SECTION 3. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed.

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The report of the Committee which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

SB 98.

By Senator Millican of the 52nd:
A bill to be entitled an Act to establish a joint Atlanta-Fulton County Planning Board, and for other purposes.

The following amendment was read and adopted:
Messrs. Bell, Mackay and McWhorter of DeKalb move to amend SB 98 as follows:
Section 1. By inserting in Section 6 (b) of said bill following the words "insofar as it relates to the corporate limits of the City of Atlanta," and immediately preceding the words "County Commission of such plan" the following language, to-wit:
"and also subject to the approval of the Commissioner of Roads and Revenues or other governing authority of DeKalb County of such bill insofar as it relates to that portion of the corporate limits of the City of Atlanta which is in DeKalb County", so that said section 6(b) as amended shall read as follows:
Section 6 (b) To prepare a zoning plan, including both the full text of zoning regulations and maps, for the regulation by districts or zones of the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts and other open spaces, the density and distribution of population, the location and uses of buildings and other structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, or other purposes; and, subject to such approval thereof by the Mayor and Council of such plan insofar as it relates to the corporate limits of the City of Atlanta, and also subject to the approval of the Commissioner of Roads and Revenues or other governing authority of DeKalb County of such bill insofar as it relates to that portion of the corporate limits of the City of Atlanta which is in DeKalb County and County Commission of such plan insofar as it relates to the unincorporated area of Fulton County as is provided in this Act, to adopt and, from time to time as it may deem proper amend such zoning plan and regulations."
Section 2. By adding to Section 8 of said bill a new sub-section to be known as sub-section (d) reading as follows:
"All of the provisions of this Section are subject to approval by the Commissioner of Roads and Revenues or other governing body of DeKalb County of such portion of the plan and regulations which affect that part of the City of Atlanta which is in DeKalb County as provided in Section 6 herein."
Section 3. By adding to Section 11 of said bill the following language, towit:

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"Provided however, that the Commissioner of Roads and Revenues or other governing authority of DeKalb County shall have the power to approve or adverse or disapprove any such action of the Planning Board which pertains to property located in that part of the City of Atlanta in DeKalb County."
Section 4. By inserting in Section 12 of said bill immediately following the words "be approved by the Mayor and Council" and immediately preceding the words "County Commission" the following language, to-wit:
"and the Commissioner of Roads and Revenues or other governing authority of DeKalb County insofar as such regulations affect property which is in the City of Atlanta in DeKalb County" so that said Section when amended shall read as follows:
"After the adoption and approval of new zoning regulations as provided in Section 8 and 9 of this Act, the Planning Board may at any time, on its own motion or on application by any interested party, repeal, amend or modify existing zoning regulations or adopt new regulations. Before any such changes are adopted, however, said Board shall hold a public hearing thereon after publishing notice once a week for three successive weeks of the plans, date and hour thereof in a newspaper having general circulation in the area to be affected by such changes. Any such regulations that involve a change must, before becoming effective be approved by the Mayor and Council and the Commissioner of Roads and Revenues or other governing authority of DeKalb County insofar as such regulations affect property which is in the City of Atlanta in DeKalb County or County Commission in respect to property located within their respective jurisdictions in accordance with the procedure specified in Sections 8 and 9 of this Act."
The report of the Committee which was favorable to the passage of the bill, as amended, was agreed to,
On the passage of the bill, as amended, the ayes were 122, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 109. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide the method of establishment, etc., of all public parks in the unincorporated area of Fulton County, and for other purposes.

The following substitute was read and adopted:
A BILL
To establish a method for providing parks and recreational systems in the unincorporated portion of Fulton County; to authorize the Commissioners of Fulton County to enter into contracts with the City of Atlanta and a parks and recreational system in any unincorporated area of said county; to require said City to furnish the facilities of such a system under contract at cost; to provide for the transfer of certain parks and recreational property owned by Fulton County to the City of Atlanta and other municipalities; to provide for the disposition of fees collected for the use of such facilities; to prohibit Fulton County

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from operating a parks and recreational system except as provided in this bill; to grant police jurisdiction over any such system to the City of Atlanta; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is enacted hereby by authority of the same as follows:
Section 1. It is the purpose of this Act to provide for carrying out the authority granted to Fulton County by the Amendment to the Constitution of Georgia contained in the Resolution submitting said Amendment to the voters, which is published in Georgia Laws of 1929, beginning at page 135, and to establish the method for accomplishing the purpose of said Amendment in respect to public parks.
Section 2. As used in this Act the term "Parks and recreational system" may include land, buildings, equipment, materials and supplies, together with personnel to operate and supervise the same, for parks, playgrounds, gymnasia, and other recreational centers, athletic, sport and recreational programs and purposes.
Section 3. If the Commissioner of Roads and Revenues or other governing authority of Fulton County shall at any time determine that a public park or a parks and recreational system or any of the facilities thereof (either or both) are needed anywhere in the area of said county outside the corporate limits of municipalities lying wholly or in part therein, such County or County authority is authorized to acquire, own or lease land therefor and enter from time to time into a contract with the City of Atlanta governing the facilities, personnel and services to be furnished, and the cost thereof to be paid by Fulton County, which contract shall comply with all requirements of this law.
Section 4. If the Board of Commissioners of Roads and Revenues of said County shall request the City of Atlanta to furnish the facilities, personnel and services, other than land or buildings, necessary to operate a parks and recreational system, said City and the governing authorities thereof shall, notwithstanding any limitation or provision in its charter to the contrary, furnish the same and operate a parks and recreational system in the unincorporated areas of said County under such a contract which shall describe the facilities, personnel and services to be furnished, specify the areas of the County to receive the same, set out the compensation (or method of computing the same) to be paid the City therefor, such compensation not to exceed the cost thereof (after applying against such costs fees and charges collected for the use of such system and retained by the City) to the City.
Section 5. Neither the Board of Commissioners of Roads and Revenues, nor any other authority of said County shall, after the 31st day of December, 1951, maintain, operate or continue in existence any parks and recreational system or any department or agency with any of the functions of such a system, except under contract with the City of Atlanta as authorized by this Act.
(a) The legal title to all real property owned by Fulton County within the corporate limits of any municipality, located wholly or partially in said County, as the same may be extended, on or before January 1, 1952, and assigned to or used in connection with a parks and recreational system on the date this Act is approved, shall on January 2, 1952, pass to the municipality in which such real property

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is located with all rights and appurtenances thereto and subject to all liens and encumbrances thereon, unless conveyed by deed to said municipality at an earlier date. If no earlier conveyance is made, the proper authorities of Fulton County are directed in order to clarify the record title to said property to execute and deliver to each such municipality on January 2, 1952, or as soon thereafter as practicable, a deed or deeds containing the legal description of said property, but such deeds shall not be necessary to effect a conveyance of the legal title.
Section 6. The City, notwithstanding any limitation or provision of its charter to the contrary, shall from time to time be authorized to enter into a contract or contracts with the county or with the governing auhority thereof, as the parties may respectively agree, to do and to perform within the unincorporated area of Fulton County all the things necessary to make this law effective, including the continuance, establishment, maintenance and operation within such unincorporated area by the City upon a contract basis of public parks and any incidents of a parks and recreational system as described in Section 2 of this Act. For such purpose the City may acquire, own, equip and furnish land and buildings, playgrounds and athletic fields within such unincorporated area, and may acquire, own and control equipment, materials and supplies located or to be used therein, and schedule, supervise, and conduct within such unincorporated area tournaments, games, gym111asia, athletic and other recreational facilities or sports programs so authorized by contract between the City and County.
Section 7. Unless provision is made in the contract between the City and County for fees or other charges to be collected for the use of the facilities of any park operated by the City pursuant to this Act, the City or governing authorities thereof shall be authorized to provide by ordinance therefor and for the collection thereof.
Section 8. The City shall have exclusive police jurisdiction over any land or buildings so operated by it for park purposes within the unincorporated area of Fulton County, and shall have authority with respect to such park area to pass and enforce within the limits thereof ordinances regulating persons and property or with respect to the use of facilities of said park.
Section 9. In the operation of any parks under contract with the County, the City shall be conclusively presumed to be acting in a governmental capacity and shall be as fully protected from any and all claims for damages as if the services were being rendered within the corporate limits of the City.
Section 10. Be it further enacted that if any park, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstitutional.
Section 11. Be it further enacted by the authority aforesaid that:
(a) An Act, approved August 18, 1927, published in Georgia Laws

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of 1927, beginning on page 590, amending the Act creating Board of Commissioners of Roads and Revenues of Fulton County and authorizing said Board to establish and operate parks, recreation and amusement places, is hereby repealed, effective December 31, 1951.
(b) All other laws and parts of laws in conflict herewith are repealed.
Section 12. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law.
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 123, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

SB 121. By Senator Millican of the 52nd:
A bill to be entitled an Act to require the Commissioners in the counties of a certain population to supplement the funds of the County Board of Education, and for other purposes.

The following amendment was read and adopted:
The Fulton Delegation moves to amend SB 121 by striking in line 5 of Section I thereof the figures and words "$20,000.00 each month" and inserting in lieu thereof the figures "$240,000.00" so that said section shall read as follows:
"Section I. That the Commissioners of Roads and Revenues of each county in the State of Georgia having a population of 300,000 or more by the present or any future census are hereby directed to pay over to the Board of Education of such county the sum of $240,000.00 during the year 1951 only, upon the request of said Board of Education, out of any funds in the treasury of the said county which shall have been derived from any source other than from taxation. Such funds when paid to the county Board of Education shall become a part of the county school fund and may be used by the Board of Education for the educational purposes of the county."
The said bill shall be further amended by adding the following language to Section II of the said bill:
"provided, however, in all of such counties the Board of Commissioners of Roads and Revenues shall have the authority to withhold from payments heretofore authorized by the Constitution and laws of this State the sum of $240,000.00 during any one subsequent year following the year 1951."
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.

WEDNESDAY, FEBRUARY 14, 1951

827

On the passage of the bill, as amended, the ayes were 124, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 135. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide for the rights of employees of Fulton County and the City of Atlanta who are transferred from one government to another, and for other purposes.

The following amendment was read and adopted:
The Fulton Delegation moves to amend SB 135 by adding to the end of Section 6 the following:
"The receiving government shall use the higher rate of pay for any classification throughout the division of the receiving government concerned."
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 125, nays 0.
The bill, having receiving the requisite constitutional majority, was passed, as amended.

SB 179. By Senator Oliver of the 54th:
A bill to be entitled an Act to amend an Act to create a Board of Commissioners of Roads and Revenues for 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 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate insist on its position on the following bill of the House and respectfully asks that a Committee of Conference be appointed.
HB 2. By Messrs. Ray of Warren, Matthews of Clarke, Twitty of Mitchell, Key of Jasper and others :
A bill to authorize the levy and collection of a general retailers sales and use tax, to provide the rate, to define words and terms, and for other purposes.
The President has appointed on the part of the Senate as a Committee of Conference, Senators Rawls of the lOth, Connell of the 6th, and Grayson of the 1st.

828

JOURNAL OF THE HOUSE,

The Senate insists on its position on the following bill of the House and respectfully asks that a Committee of Conference be appointed.

HB 43. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee and others:
A bill to create the Department of Revenue, provide for appointment, etc., of a State Revenue Commissioner and a Deputy State Revenue Commissioner, and for other purposes.
The President has appointed on the part of the Senate as a Committee of Conference, Senators Willingham of the 39th, Millican of the 52nd, and Blalock of the 26th.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof :
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to-wit:
SB 195. By Senator Williams of the 49th:
A bill to raise the salary of the Solicitor of the City Court of Metter to $1600 per annum and the salary of the judge of said court to $2000 per annum; and for other purposes.
SB 150. By Senators Connell of the 6th, Carlisle of the 7th, Rawls of the lOth, Williams of the 49th, Edenfield of the 2nd, Strickland of the 41st, and others:
A bill to implement and provide for the enforcement of Article IV, Section IV, Paragraph I of the Constitution prohibiting monopolies; to declare contracts or agreements where any corporation, person or group of persons may control the sale or distribution of any commodity, or the publication, sale or distribution of newspapers etc., or other media for the dissemination of news or advertising matter shall be deemed a monopoly; and for other purposes.
HB 76. By Mr. Knight of Gordon:
A bill to amend the Charter of the City of Calhoun; and for other purposes.
HB 140. By Messrs. Abney and Campbell of Walker:
A bill to abolish the offices of Tax Receiver and Tax Collector of Walker County; to create the office of Tax Commissioner; and for other purposes.
HB 386. By Messrs. Battles and Clark of Decatur, Harrell of Grady, Durham of Baker, Durden of Dougherty, Twitty of Mitchell and Dews of Calhoun:
A bill to change the times of holding the Superior Court of Decatur County; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1951

829

HB 455. By Messrs. Edenfield and Smith of Emanuel:
A bill to amend an Act creating the City Court of Swainsboro; and for other purposes.

HB 475. By Mr. Boone of Wilkinson:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues of Wilkinson County; and for other purposes.

HB 490. By Messrs. Cornelius and McKelvey of Polk:
A bill to amend an Act to establish the City Court of Polk County; and for other purposes.

HB 492. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to amend the Charter of the City of Atlanta repealing the Street tax, and providing that Employees of Fulton County or the Fulton County School District transferred to the City shall not be required to reside in the City; and for other purposes.

HB 499. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A bill to protect the health and the safety of Muscogee County and the inhabitants thereof; and for other purposes.

HB 99. By Messrs. Gillis of Treutlen, Langdale of Lowndes and Hall of Toombs:
A bill to create a board to be known as the State Board of Registration for Forresters; and for other purposes.

HB 251. By Messrs. Hand and Twitty of Mitchell:
A bill to am~nd an Act entitled "Redevelopment Law"; to make clear the authority of any housing authority to acquire blighted and other land for redevelopment, for residential, recreational, commercial or industrial use, etc., and for other purposes.

HB 270. By Messrs. Dicus and Hollis of Muscogee:
A bill to make uniform the procedure on Interstate Extradition and authorizing this State to cooperate with other States to their mutual benefit in relation to persons convicted or under indictment or accusation for crime; to provide for delivery of fugitives from Justice; and for other purposes.

The Senate has read and adopted the following Resolution of the House:

HR 125. By Messrs. Twitty of Mitchell, Covington, Scoggin and Hall of Floyd, Best of Clay, Brazeal of Terrell and many others:
A resolution requesting the President of the United States and the Office of Price Stabilization to take immediate action to modify or remove the present unworkable order on the cotton farmer and industry.

830

JOURNAL OF THE HOUSE,

The Senate has passed as amended by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 138. By Messrs. Abney and Campbell of Walker:
A bill to place the Sheriff of Walker County upon a salary basis in lieu of a fee basis; to provide for a deputy and additional help for said Sheriff; and for other purposes.

HB 339. By Messrs. Abney and Campbell of Walker:
A bill to amend an Act creating the office of Commissioners of Roads and Revenues of Walker County; and for other purposes.

HB 406. By Messrs. Nightingale and Gowen of Glynn:
A bill to amend the Charter of the City of Brunswick, and for other purposes.
HB 271. By Messrs. Tumlin of Bartow and others:
A bill to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, and for other purposes.
HR 31. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution authorizing the Governor to convey to the United States Government small islands in the Savannah River adjacent to the Atomic Energy Savannah River Plant and Clark Hill Dam Project Areas for a nominal consideration; and for other purposes.

The Senate has passed by substitute by the requisite constitutional majmity the following bills of the House to wit:

HB 136. By Messrs. Hand and Twitty of Mitchell:
A bill to amend Section 92-6903, Part 5, Chapter 92-69 of the Code of Georgia of 1933, relating to county board of tax assessors; and for other purposes.
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate to wit:

SB 178. By Senator Rawls of the lOth:
A bill to amend the Unemployment Compensation Law by preserving experienced rating of employers and benefit rights of employees in the Armed Forces ; and for other purposes.

SB 187. By Senator Chance of the 43rd:
A bill to a~end the Code of Georgia of 1933, relating to recovery by the administrator or executor of a decedent when there is no person

WEDNESDAY, FEBRUARY 14, 1951

831

entitled to sue under any other provisions of the law; and for other purposes.

SB 205. By Senator Harden of the 45th:
A bill to provide for Georgia Farm Products label and trademark; and for other purposes.

SB 215. By Senator Step~ns of the 50th:
A bill authorizing the Board of Commissioners of Clark County to make rules and regulations governing pensions of County employees; to prt>vide for classification, amounts and methods of same; to provide taxation for same and for other purposes.
SB 25. By Senator Harden of the 45th:
A resolution to authorize the State Board of Corrections to reimburse Hon. T. J. Wells for damage done to his automobile by two escaped State convicts who had stolen the same.

SR 40. By Senator McLaughlin of the 3rd:
A resolution to release principal Robert Lee Howe and securities J. M. Madray and J. M. Reddish on the appearance bond and to order the Clerk of the City Court of Jesup to mark the execution on the forfeiture cancelled; and for other purposes.

SR 54. By Senator Branch of the 47th:
A resolution to relieve J. L. Brooks as surety on bonds of C. H. Smith as principal and directing the Clerk of Tift Superior Court to mark the execution issued upon such forfeitures cancelled; and for other purposes.

SR 57. By Senator Hughes of the 32nd:
A resolution designating sections of State routes 136, 115, 249 between Gainesville and Dahlonega as "John H. Moore Memorial Highway".

SB 208. By Senator Coleman of the 18th:
A bill to amend the Charter of the City of Augusta, so as to extend the corporate limits to include certain territory owned by the City of Augusta and by the United States Government, and for other purposes.

SB 209. By Senator Coleman of the 18th:
A bill to amend the Charter of the City of Augusta, to provide a period of probation of one year for members of the fire and police department of said city, and for other purposes.

SB 210. By Senator Coleman of the 18th:
A bill to amend the Charter of the City of Augusta, to extend the limits to include territory north of the Augusta levy and to include Bush Field and for other purposes.

832

JOURNAL OF THE HOUSE,

SB 211. By Senator Coleman of the 18th:
A bill to extend the City Limits of the City of Augusta, to include Forest Hills, Wheeler Heights, Kings Woods, Byndon Grove, Fairmont, and other territory adjacent thereto; to provide for a referendum, and for other purposes.

SB 212. By Senator Coleman of the 18th:
A bill to amend the charter of the City of Augusta, to provide all general elections for mayor and members of council shall be held on the second Wednesdays in September in the years in which such general elections are now provided by law to be held and for other purposes.

SB 213. By Senator Drinkard of the 29th:
A bill to provide that the salary of the Judge of the Superior Court of the Augusta Judicial Circuit, shall be supplemented by payments from the County Treasury of Columbia County, in the sum of $300.00 per year; and for other purposes.

SB 214. By Senator Stephens of the 50th:
A bill to create fire, sanitation and sewerage districts in Clark County; to permit Clark County to erect or cooperate in the erection of water and sewerage systems and furnishing fire protection; to permit taxation as necessary for such purposes; and for other purposes.

SB 199. By Senators Hargreaves of the 5th, Dean of the 46th, and Connell of the 6th:
A bill to place the employees of the Comptroller General's office in the employees retirement system, of Georgia, and to establish a merit system for the employees of said office and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate, were read the first time and referred to the Committees:
SB 149. By Senators Carlisle of the 7th, Rawls of the lOth and others:
A bill to be entitled an Act to fix the domicile of corporations engaged in publishing newspapers, magazines and other periodicals, and for other purposes.
Referred to the Committee on State of Republic.
SB 150. By Senators Connell of the 6th, Carlisle of the 7th, Rawls of the lOth and many others:
A bill to be entitled an Act to implement and provide for the enforcement of Article IV of Section IV, Paragraph 1 of the Constitution of Georgia prohibiting monopolies, and for other purposes.
Referred to the Committee on State of Republic.

WEDNESDAY, FEBRUARY 14, 1951

833

SB 190. By Senators Mashburn of the 33rd and Williams of the 21st:
A bill to be entitled an Act to amend an Act known as the "Old Age Assistance Act", and for other purposes.
Referred to the Committee on State of Republic.

SB 195. By Senator Williams of the 49th:
A bill to be entitled an Act to raise the salary of the Solicitor of the City Court of Metter, and for other purposes.
Referred to the Committee on Municipal Government.

SB 200. By Senator Hargreaves of the 5th:
A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of the County of Atkinson, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 203. 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; to provide for changes in health services; and for other purposes.
Referred to the Committee on Municipal Government.

SB 204. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act relating to Boards of Health, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 206. By Senators Carlisle of the 7th, Connell of the 6th and Duncan of the 34th:
A bill to be entitled an Act to amend an Act relating to sinking fund to be established by the State Park Authority, and for other purposes.
Referred to the Committee on Public Property.

SB 207. By Senators Carlisle of the 7th, Connell of the 6th and Duncan of the 34th:
A bill to be entitled an Act to amend an Act relating to the powers and duties of the division of State Parks, and for other purposes.
Referred to the Committee on Public Property.

SB 178. By Senator Rawls of the lOth:
A bill to be entitled an Act to amend an Act known as the "Unemployment Compensation Law", and for other purposes.
Referred to the Committee on Industrial Relations.

834

JOURNAL OF THE HOUSE,

SB 187. By Senator Chance of the 43rd:
A bill to be entitled an Act to amend an Act relating to recovery by the administrator or executor of a decedent when there is no person entitled to sue under any other provisions of the law, and for other purposes.
Referred to the Committee on General Judiciary #1.

SB 199. By Senators Hargreaves of the 5th, Dean of the 46th and Connell of the 6th:
A bill to be entitled an Act to authorize the Comptroller General in his capacity as such Officer, and as ex-officio Insurance Commissioner and Fire Commissioner to determine whether or not the employees of his Department shall be under the State Merit System of Personnel Administration, and for other purposes.
Referred to the Committee on State of Republic.

SB 205. By Senator Harden of the 45th:
A bill to be entitled an Act to provide for Georgia Farm Products Label or Trademark, and for other purposes.
Referred to the Committee on General Agriculture # 1.

SB 208. By Senator Coleman of the 18th:
A bill to be entitled an Act to amend the Charter of the City of Augusta, and for other purposes.
Referred to the Committee on State of Republic.

SB 209. By Senator Coleman of the 18th:
A bill to be entitled an Act to amend the Charter of the City of Augusta, relating to members of the Fire Department, and for other purposes.
Referred to the Committee on State of Republic.

SB 210. By Senator Coleman of the 18th:
A bill to be entitled an Act to amend the Charter of the City of Augusta so as to extend the City Limits, and for other purposes.
Referred to the Committee on State of Republic.

SB 211. By Senator Coleman of the 18th:
A bill to be entitled an Act to amend the CQ.arter of the City of Augusta; to extend the City Limits so as to include Forest Hills, etc., and for other purposes.
Referred to the Committee on State of Republic.

SB 212. By Senator Coleman of the 18th:
A bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide that all general elections for Mayor and/or for mem-

WEDNESDAY, FEBRUARY 14, 1951

835

hers of Council shall be held on the second Wednesday in September, etc., and for other purposes.
Referred to the Committee on State of Republic.

SB 213. By Senator Drinkard of the 29th:
A bill to be entitled an Act to provide that the salary of the Judge of the Superior Court of the Augusta Judicial Circuit shall be supplemented by payments to be made from the County Treasury of Columbia County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 214. By Senator Stephens of the 50th:
A bill to be entitled an Act to create Fire Sanitation and Sewerage Districts in Clarke County to permit Commissioners of Roads and Revenue for Clarke County to erect or cooperate in the erection of water and sewerage systems and furnishing fire protection to the citizens of Clarke County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 215. By Senator Stephens of the 50th:
A bill to be entitled an Act authorizing the Board of Commissioners of Roads and Revenue for Clarke County to establish rules and regulations governing pensions of County employees; and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 25. By Senator Harden of the 45th:
A resolution to authorize the State Board of Corrections to reimburse T. J. Wells for damage done to his automobile by two escaped State Convicts, and for other purposes.
Referred to the Committee on Special Appropriations.

SR 40. By Senator McLaughlin of the 3rd:
A resolution releasing Robert Lee Howe and J. M. Madray and J. M. Reddish, from payment of appearance bond, and for other purposes.
Referred to the Committee on Special Judiciary.

SR 54. By Senator Branch of the 47th: A resolution to relieve J. L. Brooks from paying bonds, and for other purposes.
Referred to the Committee on Special Judiciary.

SR 57. By Senator Hughes of the 32nd:
A resolution to officially designate those sections of present State Route Number 136, State Route Number 115 and State Route 249 lying be-

836

JOURNAL OF THE HOUSE,

tween Gainesville and Dahlonega as "The John H. Moore Memorial Highway, and for other purposes.
Referred to the Committee on Historical Research.

By unaniin!OUS consent, the following Bill of the Senate was placed on the calendar for the purpose of considering the unfavorable report of the Committee:
SB 57. By Senator Williams of the 19th:
A bill to be entitled an Act to provide for inspection, discovery, and production in criminal cases where the evidence of the State shall relate to ballistics, fire arms identification, blood, etc., and for other purposes.

By unanimous consent, the following Resolution of the Senate was withdrawn, read the second time and recommitted to the Committee on Amendments to the Constitution No. 1:
SR 37. By Senator Millican of the 52nd:
A resolution proposing an amendment to the Constitution of Georgia, and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn, read the second time and recommitted to the Com:mittee on State of Republic:
HB 38. By Mr. Nightingale of Glynn:
A bill to be entitled an Act to amend an Act to provide for nomination by political parties in this State of candidates for U. S. Senator, Governor, State House Officers, and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 271. By Messrs. Tumlin and Jones of Bartow, Smith of Emanuel, Scoggin of Floyd, Ray of Warren, Carr of Whitfield and many others:
A bill to be entitled an Act to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the old age and survivors section of the Social Security Act, and for other purposes.

The following Senate amendment to HB 271, was read:
Senator Harden of the 45th moves to amend HB 271 entitled an Act to make provisions for the coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, etc.

WEDNESDAY, FEBRUARY 14, 1951

837

Section 1.
Section 1 of HB 271 is amended by deleting therefrom the following words:
"The basis protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act",
And substituting therefor the following words:
"who are not members of the existing retirement or pension systems, the benefits of Social Security provided under Public Laws 734, enacted by the Congress of the United States",
So that after amendment Section 1 shall read as follows:
"Section 1. Declaration of Policy. In order to extend to employees of the political subdivisions of the State and to the dependents and survivors of such employees, who are not members of the existing retirement or pension systems, the benefits of Social Security provided under Public Laws 734, enacted by the Congress of the United States, it is hereby declared to be the policy of the General Assembly, subject to the limitations of this Act, that such steps be taken as to provide such protection to employees of the political subdivisions of the State on as broad a basis as is permitted under the Social Security Act."

Section 2.
Section 2 (b) (2) is amended by deleting therefrom the following words:
"service which under the Social Security Act may not be included in an agreement between the State and the Federal Security Administrator entered into under this Act,"
And substituting therefor the following words:
"Employment in positions covered by any retirement system supported wholly or in part by the State or any of its subdivisions may not be included in such agreement".
So that after amendment Section 2 (b) (2) shall read as follows:
"(b) The term 'employment' means any service performed by an employee in the employ of any political subdivision of the State, for such employer, except (1) service which in the absence of an agreement entered into under this Act would constitute 'Employment' a;; defined in the Social Security Act; or (2) employment in positions covered by any retirement system supported wholly or in part by the State or any of its subdivisions may not be included in such agreement."

Mr. Tumlin of Bartow moved that the House agree to the Senate amendment.

On the motion, the ayes were 109, nays 0. The Senate amendment was agreed to.

Mr. Campbell of Walker moved that the House reconsider its action in failing to pass the following Bill of the House, to-wit:

838

JOURNAL OF THE HOUSE,

HB 546. By Messrs. Campbell and Abney of Walker, Scoggin of Floyd, Abney of Catoosa, Murr of Sumter and Smith of Emanuel.
A bill to be entitled an Act to amend an Act relating to marriage licenses and how such licenses are granted, and for other purposes.
On the motion, the ayes were 86, nays 22.
The bill was reconsidered.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 406. 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 406, was read:
The Committee on Municipal Government moves to amend HB 406, as amended, by adding in Section 1, thereof, a new subsection to be lettered "(e)" after subsection (d), to read as follows:
"(e) That portion of Osborne Avenue, in the Osborne addition to Urbana, lying east of Wilson Avenue and west of the 15-foot alley which alley adjoins Dart Tract lots 2, 3, 4 and 5."
Mr. Gowen of Glynn moved that the House agree to the Senate amendment. On the motion, the ayes were 103, nays 0.
The Senate amendment was agreed to.

The Report of the Committee of Conference on HB 5, was read and adopted. Mr. President:
Mr. Speaker:
Your Committee on Conference appointed to impose the difference between the House and the Senate on HB 5 beg leave to report that they have been unable to agree on the difference between the House and the Senate and ask that they be discharged and another committee on conference be appointed.
Coffin of 12th Williams of 21st Millican of 52nd
On the part of the Senate
Smith of Emanuel Birdsong of Troup Kidd of Baldwin
On the part of the House
The Speaker appointed as a second Committee of Conference on HB 5 on the part of the House, the following members of the House, to-wit:
Messrs. Smith of Emanuel, Birdsong of Troup, and Kidd of Baldwin

WEDNESDAY, FEBRUARY 14, 1951

839

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 339. By Messrs. Abney and Campbell of Walker:
A bill to be entitled an Act to amend an Act creating the office of Commissioners of Roads and Revenues of Walker County, and for other purposes.

The following Senate amendment to HB 339, was read:
Senator Mavity of the 44th moves to amend HB 339, by:
Striking from Section 2 thereof the words "become effective on the first day of the month following said election" and inserting in lieu thereof the words "beconw effective January 1, 1953".
Mr. Campbell of Walker moved that the House agree to the Senate amendment.
On the motion, the ayes were 104, nays 0.
The Senate amendment was agreed to.

HB 138. By Messrs. Abney and Campbell of Walker:
A bill to be entitled an Act to place the Sheriff of Walker County on a salary basis, and for other purposes.

The following Senate amendment to HB 138, was read:
Senator Mavity of the 44th moves to amend HB 138, by:
Adding a new section thereto to be numbered Section 3A, to read as follows:
"That the Ordinary is hereby authorized to employ a chief Clerk, who shall receive $2000.00 per annum to be paid in equal monthly installments from the general funds of Walker County."
and by:
Striking from Section 6 thereof the words "become effective on the first day of the month following said election" and inserting in lieu thereof the words "become effective January 1, 1953".
Mr. Campbell of Walker moved that the House agree to the Senate amendment.
On the motion, the ayes were 105, nays 0.
The Senate amendment was agreed to.

HR 31-153a. By Messrs. Smith of Emanuel and Twitty of Mitchell:
A resolution authorizing the Governor to convey to the U. S. Government certai nislands in the Savannah River, for a nominal consideration, and for other purposes.

The following Senate amendment to HR 31-153a, was read:

840

JOURNAL OF THE HOUSE,

Senate Committee on Conservation amend HR 31-153a as follows:
By striking Section 2 in its entirety, which Section reads as follows:
"WHEREAS, it is probable that the United States of America will construct, from time to time, other and similar projects in the State of Georgia, as such projects may be authorized by the Congress of the United States;"
and amending further by
Inserting in the last paragraph after the word "islands," in the second line thereof, the following words, "within the Clark Hill Dam and Atomic Energy Savannah River Plant areas, which are adjacent to the Counties of Lincoln, Elbert, Richmond and Burke."
Mr. Twitty of Mitchell moved that the House agree to the Senate amendment.
On the motion, the ayes were 12f, nays 0.
The Senate amendment was agreed to.

HB 136. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act relating to County Board of Tax Assessors, and for other purposes.

The following Senate substitute to HB 136, was read:
Senate substitute for HB 136 by Senators Millican of the 52nd, Duncan of the 34th, Trotter of the 37th.

A BILL
To be entitled an Act to amend Section 92-6903, Part 5, Chapter 92-69 of the Code of Georgia of 1933, relating to county boards of Tax Assessors; creation; appointment; commission by striking said Section in its entirety and by substituting therefor an entirely new Section which provides for the appointment of different numbers of board members in certain counties, according to population; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA and it is hereby enacted by the authority of same:
Section 1. That Section 92-6903, Part 5, Chapter 92-69 of the Code of Georgia of 1933, be and the same is hereby amended by providing for the appointment of members of boards of tax assessors in counties of this State by striking the said Section in its entirety and by substituting for said stricken section the following Section, to-wit:
Section 92-6903. County Board of tax assessors; creation; appointment; commission. There is hereby established in each of the several counties of this State, a county board of tax assessors, which board shall consist of three members to be appointed by the Board of County Commissioners or by a majority thereof, or by the Ordinary in counties which have no board of county commissioners. Provided that in all counties of this State which shall have a population of less

WEDNESDAY, FEBRUARY 14, 1951

841

than 25,000, according to the United States census of 1950 or by any future census of the United States, the boards of tax assessors in those counties shall consist of not less than three nor more than five members, otherwise qualified, the num,ber of members to serve on such boards in said countes to be determined by the County Commissioners or other county governing authority. The order making such appointment shall be regularly entered upon the record of the superior court of the county, and a certificate from the clerk of the superior court reciting said order, and that such person has taken the oath required by law, shall constitute the commission of the members and no other or further commisson shall be required.
Section 2. Be it further enacted by the authority aforesaid that this Act shall go into effect immediately.
Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act, be and the same are hereby repealed.
Mr. Twitty of Mitchell moved that the House agree to the Senate substitute.
On the motion, the ayes were 116, nays 0.
The Senate substitute was agreed to.
The Speaker announced the appointment of a Committee of Conference on the part of the House, on HB 2, "The Sales Tax" bill, the following members of the House, to-wit:
Messrs. Ray of Warren, Key of Jasper, and Campbell of Oconee.
Mr. Twitty of Mitchell moved that the House recede from its disagreement and agree to the Senate Substitute to the following Bill of the House, to-wit:
HB 43. By Messrs. Lewis of Hancock, Hall of Floyd, Campbell of Oconee, Dally of Walton, Tamplin of Morgan and Stanton of Newton:
A bill to be entitled a nAct to create the Department of Revenue, to provide for the appointment of a State Revenue Commissioner, and for other purposes.
On the motion, the ayes were 125, nays 6.
The Senate Substitute to HB 43, was agreed to.
The following Resolution of the House was placed on the calendar for the purpose of considering the unfavorable report of the Committee:
HR 119-575a. By Mr. Kidd of Baldwin.
A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law for the granting of scholarships to certain personnel of Milledgeville State Hospital, 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 302. By Messrs. Jordan of Wheeler, Langdale of Lowndes, Hilton of Montgomery and Gillis of Treutlen.
A bill to be entitled an Act to amend an Act to abolish the Department

842

JOURNAL OF THE HOUSE,

of Forestry, to create a State Forestry Commission, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 5.
The bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following Bills of the House were again taken up for consideration:

HB 507. By Messrs. Rogers of Heard, McGarity of Henry, Peacock of Dodge, Boggus of Ben Hill and others:
A bill to be entitled an Act to provide for licensing of dealers and brokers of livestock, and for other purposes.
Mr. Overby of Hall moved that the bill be postponed until January, 1952.
On the motion, the ayes were 84, nays 39.
The bill was postponed.

HB 322. By Messrs. Langdale of Lowndes and Stewart of Habersham:
A bill to be entitled an Act to create an Agricultural Commodities Authority, and for other purposes.
Mr. Neville of Bulloch moved the previous question.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Mr. Langdale of Lowndes m,oved 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 Evans Adams of Upson Alverson Ball Barber of Colquitt Barber of Jackson Battles Baughman Beasley Bell of DeKalb Boggus Brannen Brantley Britton Brooks Burkett Byrd Callier

Clark Cornelius Covington Cranford Deen Dews Durden Freeman Gardner Gillis Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Guthrie Hadden

Hall of Floyd Hall of Toombs Harrell Harris Hawkins Henderson Herrin Hopkins
Jackson Jessup Johnson of Hall Jolly Jordan Kelley Key
Kidd Knight Lam

WEDNESDAY, FEBRUARY 14, 1951

843

Langdale Lanier Lewis of Greene Lewis of Hancock Little Lovett McGee Mackay Mangum Musgrove Nelson Neville Newman Otwell Overby Owens Page Parker

Peacock Raulerson Register Robertson of Coweta Rollins Rowland Scott Short Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Stephens of Towns Stewart Stocks Tamplin Tarbutton Tarpley

Tillman Tippens Trapnell Turk Twitty Vickers Waldrop Walker of Telfair Weems White Wiggins Wilkes Wilkinson Williams of Houston Willingham Willis Wooten Wright

Those voting in the negative were Messrs. :

Abney of Catoosa Adams of Brantley Bargeron Barrett Bentley Biggers Birdsong Black Bolton Boone Burgamy Campbell of Walker Carr Cates Clary Coffin Coogle Dally

Durham Edenfield Fears Garrard Gary Graham Groover Harper Hilton Hollis Huddleston Ivey Jones of Bartow Jones of Lumpkin Kemp King Kitchens McCracken

McGarity Matthews Mull Murphy Murr Pickard Pickett Pittard Ray Smith of Carroll Stevens of Marion Sumner Terry Todd Tumlin Wheeler Whitworth Williams of Cobb

Those not voting were Messrs.: Abney of Walker, Aycock, Bell of Richmond, Bennett, Best, Brazeal, Campbell of Oconee, Claxton, Clay, Deason, Denton, Dicus, Dorsey, Duncan, Flynt, Gowen, Hale, Holley, Hood, Johnston, Kennedy, Lavender, Leach, McKelvey, McWhorter, Mims, Mishoe, Nightingale, Ramsey, Risner, Robertson of Dawson, Rogers, Scoggin, Sheffield, Simmpns, Sivell, Hoke Smith of Fulton, Ursrey, Vandiver, Walker of Crawford, Warren, Wood, and Mr. Speaker.

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

On the passage of the bill, the ayes were 108, nays 54.

The bill, having received the requisite constitutional majority, was passed.

Mr. Twitty of Mitchell moved that the House recess until 1:30 o'clock, P. M., this afternoon and the motion prevailed.

The Speaker announced the House recessed until 1:30 o'clock, P. M., this afternoon.

844

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.

The following Resolution of the House was read and adopted:

HR 133. By Mr. Murr of Sumter: (At the request of the Clerk's Office)

A RESOLUTION
WHEREAS, copies of bills and resolutions placed on the desks of the members of the House are sometimes illegible and difficult to read.
AND WHEREAS, the present Ditto system now being used in the Clerk's office is limited as to the number of copies which can be duplicated from one stencil.
AND WHEREAS, it is believed that a system different from the Ditto machines now being used, will result in great improvement in copies of bills and other matter distributed to the members.
THEREFORE, Be it Resolved by the House of Representatives that the Clerk of the House be authorized to investigate the feasibility of installing a multigraph machine, or a similar machine, for use in future sessions of the House.
BE IT FURTHER RESOLVED that if such a system is found to be feasible, that the Clerk of the House is authorized, subject to approval of the Speaker of the House, to have such a system installed before the next session of the General Assembly.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 310. By Messrs. Hood, McGee and Page, of Chatham:
A bill to amend an Act to create and organize Commissioner of Chatham County; and for other purposes.
HB 466. By Mr. Guthrie of Berrien:
A bill to place the Sheriff of Berrien County upon a salary basis in lieu of a fee basis; to provide for a deputy and additional help for said sheriff; and for other purposes.
HB 534. By Messrs. Smith and Duncan of Carroll:
A bill to create a Commissioner of Roads and Revenue for Carroll County; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1951

845

HR 54. By Messrs. Matthews of Clarke and others:
A resolution proposing an amendment so as to provide for the creation of a State Medical Education Board, 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 328. By Messrs. Jessup of Bleckley, Stewart of Habersham, Kemp of Clayton, Kitchens of Twiggs and many others:
A Bill to be entitled an Act to provide for the issuance by the State Revenue Commission of Special License Tags to Motor Vehicle owners who operate amateur radio stations, and for other purposes.

The following amendment to HB 328, was read and adopted:
HB 328, amended by the Motor Vehicle Committee as follows: By striking, in Section 1 thereof, the words "of $1.00" and inserting in lieu thereof the words "as set by the State Commissioner of Revenue."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 126, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following Bill of the Senate was withdrawn, read the second time and recommitted to the Committee on Counties and County Matters:
SB 155. By Senators Coffin of the 12th, Rawls of the lOth and others:
A Bill to be entitled an Act to authorize the counties and municipalities to acquire industrial enterprises and to issue bonds or other obligations therefor, and for other purposes.
Under the regular order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 91-402a. By Mr. Harris of Wayne:
A Resolution cancelling execution issued on a bond forfeiture by City Court of Jesup, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 123, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 298. By Mr. Garrard of Wilkes:
A Bill to be entitled an Act to authorize the fixing of the compensation

846

JOURNAL OF THE HOUSE,

of the physicians and attorneys at law who serve on a Commission of Lunacy, and for other purposes.

The following Substitute to HB 298, was read: Substitute to HB 298.

A BILL
To be entitled an Act to amend Section 49-513 of the Code of Georgia of 1933, which Section relates to the expenses of proceedings of lunacy commissions and the DU)thod of payment, so as to equalize the payment of all members of lunacy commissions; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
SECTION 1. That Section 49-613 of the Code of Georgia of 1933, which Section relates to the expenses of proceedings of lunacy commissions and the method of payment, is hereby amended by striking from lines seven, eight and nine of said Section, the following language:
"physicians. The reputable person not a physician shall not receive more than $5 in each case when such insane person shall be lawfully committed to such hospital."
and inserting in lieu thereof the word "persons", so that said Section when so amended shall read as follows:
"The ordinary shall draw his warrant upon the Treasurer of his county for such sum or sums as shall be actually necessary or requisite to dafray the expenses of trying a commission of lunacy and for carrying or conveying such insane person from such county to the Milledgeville State Hospital: Provided, the sum to be paid in each case shall not exceed $10, and actual expenses to each of said reputable persons. When females shall be committed to the Milledgeville State Hospital, they shall be accompanied thereto by a relative, female nurse or fenmle attendant, at the expense of the county: Provided, that no money shall be drawn from the county treasury for the purposes herein set forth when the estate of such insane person shall be sufficient to defray such expenses."
SECTION 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed.
The Substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 109, nays 4.
The bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, FEBRUARY 14, 1951

847

HB 595. By Messrs. McCracken of Jefferson, Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act authorizing the State Board of Health to lease, build, construct, maintain and operate a general hospital at Augusta, 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.

HB 255. By Mr. Matthews of Clarke:
A bill to be entitled an Act making provisiOn for the licensing of applied phychologists through a State Board of Examiners of Psychologists, and for other purposes.

The following amendment to HB 255, was read and adopted:
Committee on Hygiene and Sanitation, moves to amend HB 255 by striking Section 2 in its entirety and Section 3 in its entirety and substituting in lieu thereof two new sections to read as follows, to-wit:
"Section 2. State Board of Examiners of Psychologists Created: There is hereby created a State Board of Examiners of Psychologists, hereinafter referred to as the Board of Examiners of Psychologists, to consist of three members who shall be appointed by the Governor under conditions hereinafter set forth. One member shall be chosen from and shall be member of the faculty, with the rank of assistant professor or above, of the accredited colleges and universities in the State, and shall be primarily engaged in teaching and/or research in psychology, and two members shall be licensed applied psychologists or qualified for licensure under the terms of this Act. Said Board shall perform such duties and exercise such powers as this Chapter prescribes and confers upon it. No member of the Board shall be liable to civil action for any act performed in good faith in the performance of its duties as set forth in this Act.
SECTION 3. Appointment of Board by Governor: Original appointments to the Board shall be for terms as follows: one applied psychologist for a term of one year, one academic psychologist for a term of two years, one applied psychologist for a term of three years. All subsequent appointments shall be for three year terms. Vacancies shall be filled for the unexpired terms, and members shall serve until their successors are appointed and have qualified. Only applied psychologists shall be appointed to succeed applied psychologists, and only academic psychologists shall be appointed to succeed academic psychologists. All appointments to the Board shall be made from a list of qualified members of the Georgia Psychological Association to be furnished to the Governor by said Association. All vacancies occurring in the Board shall be filled by the Governor for the unexpired term from the said list of all qualified members of the Georgia Psychological Association within thirty days after the vacancy occurs: Provided, that if the said Association shall fail to furnish the Governor with the said list of persons eligible for such an appointment, the Governor shall

848

JOURNAL OF THE HOUSE,

make such appointments by nominating such members of the profession of psychology hereto as may seem to him to be proper. Any Board member may be removed after notice and hearing for incompetence, neglect of duty, malfeasance in office, or moral turpitude."
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 7.
The bill, having received the requisite constitutional majority, was passed, as amended.

Under the regular order of business, the following Bill of the House was again taken up for consideration:

HB 6. By Messrs. Twitty of Mitchell, Greer of Lanier, Bargeron of Burke, Byrd of Taylor and Lewis of Hancock:
A Bill to be entitled an Act to repeal an Act with reference to application of rates and schedules of tax collectors, and for other purposes.
Mr. Carr of Whitfield moved that the bill be tabled, and the motion was lost.

The following Substitute to HB 6, was read:
The Committee on Public Welfare moves to strike HB 6 and Substitute in in lieu thereof the following:

A BILL
To be entitled an Act to amend an Act entitled, "An Act to amend section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax-receivers and taxcollectors of State and county taxes; to provide for the fees to be allowed tax-collectors on delinquent taxes; to provide for the time of payment of commissions to tax-receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes," approved January 17, 1938 (Georgia Laws, 1937-38 Ex. Sess. page 297), as amended, so as to change certain commissions allowed to tax-collectors or tax-commissioners; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1. That an Act entitled, "An Act to amend section 925301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax-receivers and tax-collectors of State and county taxes; to provide for the fees to be allowed tax-collectors on delinquent taxes; to provide for the time of payment of commissions to tax-receivers; to provide for the effective date of this Act; to repeal all laws in conflict herewith; and for other purposes," approved January 17, 1938 (Georgia Laws, 1937-38 Ex. Sess. page 297), as amended, is hereby amended by striking the provisions of Section 3 as amended and inserting in lieu thereof new provisions so that said Section 3 when so amended shall now read as follows:

WEDNESDAY, FEBRUARY 14, 1951

849

"Section 3. Be it further enacted by the authority aforesaid that as far as the tax-collectors and tax-commissioners are concerned, the above rates and schedules shall apply upon the first eighty per cent. of the ad valorem net digests collected by the tax-collector or tax-commissioner. On all taxes collected in excess of eighty per cent. of the total of taxes due according to the tax net digest, the tax-collectors' and tax-commissioners' commission shall be for such taxes ten per cent. of all such collections, irrespective of the above and foregoing schedule and rates. Provided that in those counties where the tax-collector or tax-commissioner is paid on a salary basis, the Board of County Commissioners, or the Ordinary in those counties having no Board of Commissioners, shall hav~ the authority by resolution to provide that the ten per cent. commission provided for herein shall be applied only to those taxes collected in excess of ninety per cent. of the total of taxes due according to the tax net digest. Provided, further, that in those counties where the tax-collector or tax-commissioner is paid on a salary basis, the commission provided for herein shall be paid to the tax-collector or tax-commissioner in addition to the said salary. Provided, further, that in counties having a population of 75,000 or more according to the Federal census of 1950 or any future census where the tax-collector or tax-commissioner is paid on a salary basis, the commission provided for herein shall be paid into the treasury of such counties."
Section 2. That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed.
The following amendment to HB 6, was read:
Messrs. Leach of Rockdale and Bolton of Spalding move to amend HB 6 by striking therefrom in its entirety section Three (3) , and inserting in lieu thereof a new section to read as follows:
"Section Three (3). Be it further enacted by the authority aforesaid that as far as the tax collectors and tax commissioners are concerned, the rates and schedules prescribed by section 92-5301 shall apply upon the first 90 per cent. of the ad valorem net digests collected by the tax collector. On all taxes collected in excess of 90 per cent. of the total of taxes due, according to the tax net digest, the tax collector's or tax commissioner's commission shall be for such taxes 10 per cent. of all such collections, irrespective of the above and foregoing schedule and rates; provided further, that the Board of Commissioners of Roads and Revenues or the Ordinary in those counties having no Board of Commissioners may, with the approval of two (2) consecutive Grand Juries of the county involved, by appropriate resolution provide that the tax collector's or tax commisioner's commission shall be 10 per cent. of all taxes collected in excess of 80 per cent. of the total taxes due according to the net tax digest. Provided, further, that in those counties where the tax-collector or tax-commissioner is paid on a salary basis, the commission provided for herein shall be paid to the tax-collector or tax-commissioner in addition to the said salary. Provided, further, that in counties having a population of 75,000 or more according to the Federal census of 1950 or any future census where the tax-collector or tax-commissioner is paid on a salary basis, the commission provided for herein shall be paid into the treasury of such county."

850

JOURNAL OF THE HOUSE,

On the adoption of the amendment by Messrs. Leach of Rockdale and Bolton of Spalding, Mr. Lovett of Laurens 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.:

Abney of Catoosa Abney of Walker Adams of Evans Aycock Barber of Colquitt Battles Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Black Bolton Boone Brannen Britton Brooks Burgamy Burkett Callier Campbell of Oconee Campbell of Walker Carr Clark Claxton

Clay Coffin Dicus Durden Fears Flynt Garrard Gary Gillis Hadden Hale Harper Hilton Hollis Huddleston Jessup Jordan Kemp Langdale Lanier Lavender Little Lovett McWhorter Mackay Matthews

Mishoe Murphy Neville Owens Peacock Pickard Pittard Ramsey Raulerson Robertson of Dawson Rowland Short Smith of Bryan Smith of Carroll Smith of Emanuel Hoke Smith of Fulton Sumner Tillman Trapnell Turk Vandiver Vickers Wiggins Wilkes Wilkinson Wooten

Those voting in the negative were Messrs. :

Alverson Barber of Jackson Bargeron Baughman Birdsong Boggus Brantley Brazeal Byrd Cates Clary Coogle Cranford Dally Deen Dews Dorsey Durham Gardner Gowen Green of Cherokee

Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Guthrie Hall of Floyd Hall of Toombs Harrell Harris Hawkins Henderson Herrin Holley Hood Hopkins Jackson Jolly Jones of Bartow Jones of Lumpkin

Kelley Kennedy Key Kitchens Knight Lam Lewis of Greene Lewis of Hancock McCracken Mangum Mull Musgrove Nelson Newman Nightingale Otwell Pickett Ray Register Rogers Rollins

WEDNESDAY, FEBRUARY 14, 1951

851

Sheffield Simmons Smiley M. M. Smith of Fulton Stephens of Towns Stewart Stocks Tamplin

Tarpley Todd Tumlin Twitty Waldrop Walker of Crawford Walker of Telfair Weems

White Whitworth Williams of Cobb Williams of Houston Willingham Willis Wood Wright

Those not voting were Messrs.: Adams of Brantley, Adams of Upson, Ball, Barrett, Bennett, Cornelius, Covington, Deason, Denton, Duncan, Edenfield, Freeman, Graham, Ivey, Johnson of Hall, Johnston, Kidd, King, Leach, McGarity, McGee, McKelvey, Mims, Murr, Overby, Page, Parker, Risner, Robertson of Coweta, Scott, Scoggin, Sivell, Stevens of Marion, Tarbutton, Terry, Tippens, Ursrey, Warren, Wheeler, and Mr. Speaker.

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

On the adoption of the amendment, the ayes were 78, nays 87.

The amendment was lost.

The following amendment to Committee Substitute to HB 6, was read and adopted:
Mr. Twitty of Mitchell and Mr. Greer of Lanier move to amend substitute to HB 6 by striking therefrom in its entirety Section 3, and inserting in lieu thereof a new section to read as follows:
"Section 3. Be it further enacted by the authority aforesaid that as far as the tax collectors and tax commissioners are concerned, the rates and schedules prescribed by Section 92-5301 shall apply upon the first 90 per cent of the ad valorem net digests collected by the tax collector. On all taxes collected in excess of 90 per cent of the total taxes due, according to the tax net digest, the tax collector's or tax commissioner's commission shall be for such taxes 10 per cent of all such collections, irrespective of the above and foregoing schedule and rates; provided further, that the Board of Commissioners of Roads and Revenues or the Ordinary in those counties having no Board of Commissioners may be appropriate resolution provide that the tax collector's or tax commissioner's commission shall be 10 per cent of all taxes collected in excess of 80 per cent of the total taxes due according to the net tax digest. Provided, further, that in those counties where the tax collector or tax commissioner is paid on a salary basis, the commission provided for herein shall be paid to the tax collector or tax com,lmissioner in addition to the said salary. Provided, further, that in counties having a population of 75,000 or more according to the Federal census of 1950 or any future census where the tax collector or tax commissioner is paid on a salary basis, the commission provided for herein shall be paid into the treasury of such county."
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 emended, the ayes were 103, nays 36.

852

JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
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 205. By Messrs. Overby of Hall, Ray of Warren, and Twitty of Mitchell:
A bill to be entitled an Act to provide for Merit System of Department of Agriculture Officials and Employees, and for other purposes.
Mr. Twitty of Mitcthell moved that the bill be tabled and the mption preTailed.
The bill was tabled.

HB 267. By Mr.. Rogers of Heard:
A bill to be entitled an Act to provide for tattoo, marks, and brands on Cattle, and for other purposes.

The following Committee Substitute to HB 267, was read:
A BILL
To be entitled an Act governing, and relating to the recordings of tattoos, marks and/or brands of livestock; the inspection of the tattooed, marked and/or branded livestock; prescribing the duties and the powers of the Commissioner of Agriculture in relation thereto; providing remedies and penalties for the enforcement and violation hereof and repealing statutes and all laws in conflict herewith; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME
Section 1. The inspection and protection of livestock in the State of Georgia is hereby placed under the jurisdiction of the Commissioner of Agriculture, herein called the Commissioner.
Section 2. All persons having cattle in this State shall record their tattoos, marks and/or brands in the Office of the Commissioner of Agriculture and shall advise the Commissioner in writing in what county or counties in the State they have or expect to have livestock bearing the tattoo, mtark and/or brand so recorded. If an offer be made to record a tattoo, mark and/or brand previously recorded, the Commissioner shall have sole authority to determine who shall have prior authority to the tattoo, mark and/or brand submitted for record. No duplication of a tatttoo, mark and/or brand shall be recorded within the State. The same tattoo, mark and/or brand may be recorded by different owners when placed on the six recognized different portions on the animal, that is the left hip, the left rib, the left shoulder, the right hip, the right shoulder and the right rib. If conflict should arise between the owner of any such presently recorded tattoo, mark and/or brand and another claiming the right to record the same tattoo, mark and/or brand, the Commissioner shall in all cases give preference to the present owner. All such tattoos, marks and/or brands now recorded in the several counties which are not recorded with the Commissioner

WEDNESDAY, FEBRUARY 14, 1951

85$

under the provisions of this Act within a period of one year from the time this Act shall become effective, shall be considered abandoned, and all rights and title therein and thereto shall cease and terminate. No person, firm or corporation shall use any tattoo, mark and/or brand to which another has a prior right or record.
Section 3. Certified copies of recorded tattoos, marks and/or brands shall be furnished by the Commissioner when and as requested and he shall charge and collect a fee of one dollar for each certificate. Such certificates shall be admissible in evidence in all Courts.
Section 4. The Commissioner shall prescribe and enforce suitable rules and regulations for the proper inspection of all livestock, hides and beef, under the provisions of this Act, in order that the true ownership thereof may at all times be protected and preserved and in order to prevent larceny or theft or illegal possession of the same and for the efficient enforcement of this Act. The Commissioner shall, if he deems advisable, to divide the State into livestock districts or sections and to use and to employ such persons and/or agents he may deem advisable to enforce and to administer the intent and the provisions of this Act.
Section 5. All registration of tattoos, marks and/or brands shall be effective for a five year period from date of registration in the records to be kept and maintained by the Commissioner, and the same may be renewed for a five year period starting with the first day of January 1955, and renewable thereafter at the expiration of each five year period. Any tattoo, mark and/or brand not renewed within a sixty day period after the effective date of expiration shall be considered abandoned and shall be duly cancelled on the records of the Commissioner.
Section 6. In the event an owner retattoos, remarks and/or rebrands he must do so without any in any way altering, blemishing or defacing any previous tattoo, mark and/or brand. If an entire stock of livestock is sold and delivered or conveyed to a purchaser, the tattoo, mark and/or brand carried by the animals sold may be conveyed to the purchaser by agreement of the seller and acceptance on the part of the buyer. In the event the sale by agreement conveys the tattoo, marks and/or brand a true copy of such bill of sale or written instrument evidencing sale shall be filed with the Commissioner within thirty days of the effective date of said sale.
Section 7. It shall be the duty of the purchaser to obtain a bill of sale for all livestock purchases. All bills of sale shall carry and contain a full description of the livestock, the same to include the tattoos, marks and/or brands on the livestock.
Section 8. All persons having livestock moving in commerce within this State and all firms and/or corporations having and causing livestock to be moving in commerce within this State by and through its duly authorized agents or employees shall have a bill of sale accompanying the livestock showing the identity and origin of each animal in transit, and license tag number of vehicle transporting cattle to sale.
Section 9. All law enforcement officers, all other inspectors of the Department of Agriculture, and members of the State Highway Patrol or Department of Safety, in the State of Georgia, are hereby authorized to stop and to inspect any person or persons transporting

854

JOURNAL OF THE HOUSE,

livestock within this State and to inspect the evidence of ownership set forth herein.
Section 10. Any person, finn or corporation who shall violate any provision of this Act shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $500.00 or imprisonment for not more than six months, or both.
Section 11. Should any portion of this Act be held unconstitutional or invalid, the remaining portions shall not be affected and shall be construed as constitutional valid and effective.
Section 12. All laws or parts of laws which are in conflict herewith shall be and the same are hereby repealed.
Section 13. This Act shall take effect immediately upon its passage.

The following amendment to the Committee Substitute to HB 267, was read and adopted:
Mr. Pittard of Clarke moves to amend Committee Substitute to HB 267 by striking Sections 8 and 9 therefrom it their entirety.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 99, nays 14.
The bill, having failed to receive the requisite constitutional majority, was lost.

HR 37-189d. By Mr. Wiggins of Stephens:
A resolution to compensate Mr. Marvin Ariail for damages to his automobile, 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.

HR 24-129f. By Mr. Twitty of Mitchell:
A resolution to compensate Mr. and Mrs. Nathan Tanenbaum for injuries sustained due to negligence in the operation of a truck of the State Highway Department, and for other purposes.
The House was resolved into the Committee of the Whole House to consider HR 24-129 and the Speaker designated Mr. Lewis of Hancock as the Chairman thereof.
The Committee of the Whole House arose and through its Chainnan reported the Resolution back to the House with the recommendation that it do pass.

WEDNESDAY, FEBRUARY 14, 1951

855

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs. :

Adams of Evans Adams of Upson Alverson Aycock Barber of Jackson Bargeron Battles Baughman Bell of DeKalb Bell of Richmond Bentley Biggers Birdsong Boggus Bolton Boone Brannen Brantley Britton Burgamy Byrd Callier Carr Cates Clark Clary Claxton Coffin Covington Cranford Deen Dews Dicus Dorsey Duncan Durden Durham Fears Flynt Freeman Gardner Garrard

Gary Gillis Gowen Graham Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hale Hall of Floyd Hall of Toombs Harper Harrell Hawkins Henderson Herrin Hilton Holley Hollis Hood Huddleston Ivey Jackson Jessup Jolly Jones of Bartow Jordan Kelley Kemp Kitchens Knight Lam Langdale Lavender Lewis of Hancock Lovett McCracken McWhorter Mackay Mangum

Matthews Mishoe Murphy Murr Musgrove Nelson Nightingale Owens Pittard Ramsey Risner Rogers Rollins Scott Simmons Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stewart Stocks Sumner Tamplin Tarbutton Tarpley Tillman Trapnell Tumlin Twitty Vandiver Vickers Walker of Telfair White Whitworth Wiggins
Wilkinson Williams of Cobb Williams of Houston Willingham Willis Wood

Voting in the negative was Mr. Beasley.

Those not voting were Messrs.: Abney of Catoosa, Abney of Walker, Adams of Brantley, Ball, Barber of Colquitt, Barrett, Bennett, Best, Black, Brazeal, Brooks, Burkett, Campbell of Oconee, Campbell of Walker, Clay, Coogle, Cornelius, Dally, Deason, Denton, Edenfield, Green of Cherokee, Greene of Crisp, Hadden, Harris, Hopkins, Johnson of Hall, Johnston, Jones of Lumpkin, Kennedy, Key, Kidd, King, Lanier, Leach, Lewis of Greene, Little, McGarity, McGee, McKelvey, Mims, Mull,

856

JOURNAL OF THE HOUSE,

Neville, Newman, Otwell, Overby, Page, Parker, Peacock, Pickard, Pickett, Raulerson, Ray, Register, Robertson of Coweta, Robertson of Dawson, Rowland, Scoggine, Sheffield, Short, Sivell, Smiley, Smith of Bryan, Smith of Emanuel, Stevens of Marion, Terry, Tippens, Todd,. Turk, Ursrey, Waldrop, Walker of Crawford, Warren, Weems, Wheeler, Wilkes, Wooten, Wright, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 125, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

HR 34-189a. By Messrs. Bargeron and Cates of Burke:
A Resolution to compensate Sgt. B. L. Sentell for damages to his automobile, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 74-331d. By Mr. Mishoe of Tattnall:
A Resolution to compensate F. L. Pearson and D. B. Wilds for loss of cattle, 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.

HR 23-129e. By Messrs. Stocks of Lee and Murr of Sumter.:
A Resolution to colllJPensate W. T. Beauchamp out of the funds of the Department of Public Safety for injuries sustained in accident while on duty, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 109, nays 3.
The resolution, having received the requisite constitutional majority, was adopted.

HB 188. By Messrs. Twitty of Mitchell and Durden of Dougherty:
A bill to be entitled an Act to compensate A. C. Simmone, for injuries sustained by Lanora Simmone, and for other purposes.
The House was resolved into the Committee of the Whole House to consider HB 188 and the Speaker designated Mr. Hall of Floyd as the Chairman thereof.

WEDNESDAY, FEBRUARY 14, 1951

857

The Committee of the Whole House arose and through its Chairman reported the bill back to the House with the recommendation that it do pass.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Jackson Barrett Battles Baughman Bell of DeKalb Bell of Richmond Bentley Birdsong Black Boggus Brantley Britton Brooks Burgamy Byrd
Cates Clark Clary Claxton Coffin Covington Dally Deen Dews Dicus Dorsey Duncan Durden Fears Freeman Gardner Gary Gillis Gowen

Graham Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Hadden Hall of Floyd Hall of Toombs Harrell Harris Hawkins Herrin Hilton Holley Hollis Ivey Jackson Jolly Jones of Bartow Jordan Kelley Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Lovett McCracken McGee McWhorter Mackay Mangum Matthews Murphy Murr

Musgrove Nelson Neville Newman Nightingale Pittard Ramsey Raulerson Robertson of Dawson Rogers Rollins Rowland Scott Sheffield Short Simmons Smiley Smith of Carroll M. M. Smith of Fulton Stephens of Towns Stewart Stocks Tarbutton Tarpley Tillman Tippens Trapnell Tumlin Twitty Vandiver Vickers Walker of Telfair White Wiggins Wilkes Williams of Cobb Williams of Houston Wood Wright

Those voting in the negative were Messrs.: Boone and Callier.

Those not voting were Messrs.: Abney of Catoosa, Abney of Walker, Barber of Colquitt, Bargeron, Beasley, Bennett, Best, Biggers, Bolton, Brannen, Brazeal, Burkett, Campbell of Oconee, Campbell of Walker, Carr, Clay, Coogle, Cornelius, Cranford, Deason, Denton, Durham, Edenfield, Flynt, Garrard, Green of Cherokee, Guthrie, Hale, Harper, Henderson, Hood, Hopkins, Huddleston, Jessup, John-

858

JOURNAL OF THE HOUSE,

son of Hall, Johnston, Jones of Lumpkin, Kemp, Kennedy, Key, Kidd, King, Leach, Little, McGarity, McKelvey, Mims, Mishoe, Mull, Otwell, Overby, Owens, Page, Parker, Peacock, Pickard, Pickett, Ray, Register, Risner, Robertson of Coweta, Scoggin, Sivell, Smith of Bryan, Smith of Emanuel, Hoke Smith of Fulton, Stevens of Marion, Sumner, Tamplin, Terry, Todd, Turk, Ursrey, Waldrop, Walker of Crawford, Warren, Weems, Wheeler, Whitworth, Wilkinson, Willingham, Willis, Wooten and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 119, nays 2.
The bill, having received the requisite constitutional majority, was passed.
The House directed the Clerk to strike out all reference to driver of truck, in HB 188.
Mr. Alverson of Fulton gave notice that at the proper time he would move that the House reconsider its action in passing the following Bill of the Senate, to-wit:

SB 123. By Senator Millican of the 52nd:
A bill to be entitled an Act to require candidates in counties of a certain population to file record of convictions in state courts, to require a majority vote for election, and for other purposes.

Under the regular order of business, the following Resolution of the House was taken up for consideration and read the third time:

HR 83-361h. By Mr. Green of Rabun:
A Resolution to authorize the Governor and Director of the Department of Parks, to negotiate with the Ordinary of Rabun County for the purpose of trading or swapping certain lands within the County of Rabun, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:

HB 263. By Messrs. Lovett of Laurens, Smith of Emanuel, Gowen of Glynn and others:
A bill to make general appropriations for the maintenance and operation of the agencies of government for the agencies of government for the fiscal year beginning July 1, 1951; and for other purposes.

WEDNESDAY, FEBRUARY 14, 1951

859

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined the following Bills and Resolutions of the House and find them properly engrossed:
HB 43. HB 17. HB 131. HB 256. HB 329. HB 357. HB 265. HB 279. HB 381. HB 398. HB 416. HB 424. HB 501. HB 511. HB 517. HB 548. HB 549. HB 566. HB 94. HB 568. HB 569. HB 576. HB 578. HB 579. HB 580. HB 581. HB 582. HB 583. HB 584. HB 585.

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JOURNAL OF THE HOUSE,

HB 586. HB 587. HB 588. HB 589. HB 591. HB 592. HB 593. HR 130. HB 600. HB 601. HB 602. HB 603. HB 302. HB 322. HR 91-402a HB 298. HB 595. HB 255. HB 328. HB 6. HR 74-331d. HR 24-129f. HR 23-129c. HR 34-189a. HR 37-189d. HR 83-361h. HB 188.

Respectfully submitted, Green of Rabun, Chairman.

Mr. Dorsey of White County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker:
Your Committee on Enrolling has examined the following Bills and Resolutions of the House, and finds the same properly enrolled:

WEDNESDAY, FEBRUARY 14, 1951

861

HB 1. HB 3. HB 14. HB 22. HB 27. HB 37. HB 51. HB 77. HB 78. HB 95. HB 98. HB 103. HB 115. HB 118. HB 129. HB 155. HB 156. HB 180. HB 211. HB 214. HB 230. HB 231. HB 242. HB 243. HB 244. HB 245. HB 249. HB 250. HB 278. HB 296. HB 324. HB 332.
HB 333 HB 338

862
HB 340. HB 341. HB 345. HB 362. HB 364. HB 365. HB 368. HB 369. HB 370. HB 373. HB 375. HB 376. HB 377. HB 378. HB 379. HB 384. HB 385. HB 387. HB 388. HB 389. HB 390. HB 391. HB 392. HB 393. HB 394. HB 395. HB 404. HB 405. HB 408. HB 409. HB 410. HB 412. HB 413. HB 414.

JOURNAL OF THE HOUSE,

WEDNESDAY, FEBRUARY 14, 1951

863

HB 415. HB 427. HB 429. HB 430. HB 435. HB 456. HR 32-153b. HR 67-310a.

Respectfully submitted, Dorsey of White, Chairman.

Under the regular order of business, the following Resolution of the House was taken up for consideration and read the third time:

HR 75-331e. By Mr. McCracken of Jefferson:
A Resolution to compensate Joseph Keating and Rose Mary Keating, and for other purposes.

The House was resolved into the Committee of the Whole House to consider HR 75-331e and the Speaker designated Mr. Matthews of Clarke as the Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported the resolution back to the House with the recommendation that it do pass.

The report of the Committee which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:

Adams of Brantley Adams of Upson Alverson Ball Barber of Jackson Bargeron Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Biggers
Birdsong Boone Brazeal Britton

Brooks Byrd Cates Clark Clary Covington Deen Dews Dicus Dorsey Duncan Durden Durham Gardner Gary Gillis Gowen

Graham Green of Irwin Green of Rabun Greene of Crisp Greer Groover Guthrie Hall of Floyd Harrell Hawkins Herrin Holley Hollis Hood lvey Jackson Jessup

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JOURNAL OF THE HOUSE,

Jolly Kelley Kitchens Knight Langdale Lanier Lavender Lewis of Greene McCracken McGee McWhorter Mackay Mangum Matthews

Murphy Murr Neville Nightingale Page Pittard Ramsey Raulerson Robertson of Coweta Rogers Rowland Sheffield M. M. Smith of Fulton Hoke Smith of Fulton

Stephens of Towns Stewart Tarpley Todd Trapnell Tumlin Twitty Vickers White Wiggins Williams of Cobb Williams of Houston Wood

Those voting in the negative were Messrs.: Brantley and Jones of Bartow.

Those not voting were Messrs.: Abney of Catoosa, Abney of Walker, Adams of Evans, Aycock, Barber of Colquitt, Barrett, Bennett, Best, Black, Boggus, Bolton, Brannen, Burgamy, Burkett, Callier, Campbell of Oconee, Campbell of Walker, Carr, Claxton, Clay, Coffin, Coogle, Cornelius, Cranford, Dally, Deason, Denton, Edenfield, Fears, Flynt, Freeman, Garrard, Green of Cherokee, Griffith, Hadden, Hale, Hall of Toombs, Harper, Harris, Henderson, Hilton, Hopkins, Huddleston, Johnson of Hall, Johnston, Jones of Lumpkin, Jordan, Kemp, Kennedy, Key, Kidd, King, Lam, Leach, Lewis of Hancock, Little, Lovett, McGarity, McKelvey, Mims, Mishoe, Mull, Musgrove, Nelson, Newman, Otwell, Overby, Owens, Parker, Peacock, Pickard, Pickett, Ray, Register, Risner, Robertson of Dawson, Rollins, Scott, Scoggin, Short, Simmons, Sivell, Smiley, Smith of Bryan, Smith of Carroll, Smith of Emanuel, Stevens of Marion, Stocks, Sumner, Tamplin, Tarbutton, Terry, Tillman, Tippens, Turk, Ursrey, Vandiver, Waldrop, Walker of Crawford, Walker of Telfair, Warren, Weems, Wheeler, Whitworth, Wilkes, Wilkinson, Willingham, Willis, Wooten, Wright and Mr. Speaker.

Mr. McCracken of Jefferson moved that the Resolution be tabled and the motion prevailed.

The resolution was tabled.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 310. By Messrs. Hood and Page of Chatham:
A bill to be entitled an Act to amend an Act to create and organize Commissioners of Chatham County, and for other purposes.
The following Senate amendment to HB 310, was read:
Committee on Municipal Government amends HB 310 by striking in Section 3 thereof the following language: "All of said members shall be appointed by the Chairman of the Commissioners of Chatham County, with the approval of the majority of the Board of County Commissioners, one member being representative of labor, one a representative of business, and one a representative of the professions" and inserting in lieu thereof the following language:
"All of said members shall be appointed and named by a majority of the

WEDNESDAY, FEBRUARY 14, 1951

865

Board of County Commissioners and Ex-Officio Judges of Chatham County. One member shall be appointed from among the employees of Chatham County, one member from the Board of County Commissioners and Ex-Officio Judges of Chatham County, and one member shall be appointed as a representative of the business and/or professional group, resident in Chatham County.
The Committee further amends HB 310 by striking therefrom in its entirety Section 20, and inserting in lieu thereof the following language:
"The provisions of this Act shall in no manner prohibit any person coming within its provisions from participating in political activity."
The Committee further amends HB 310 by striking the words and figures in Section 28, which reads as follows: "May 1, 1951", and inserting in lieu thereof the words and figures "January 1, 1952".
The Committee amends HB 310 by adding a new paragraph and section to be known as Section (26A)
The provisions of this Act with respect to persons within its provisions shall be optional. Any county employee may elect to come under the terms of this Act or may elect not to come under the terms of this Act. All county employees shall automatically come under the terms of this Act unless such employees shall notify the Board in writing of their intention not to come under the terms of the Act at least thirty days before January 1, 1952. In the event any such employee elects to accept the provisions of this Act, such employee cannot later withdraw and elect not to come under its terms. Any employee who elects not to come under the terms of this Act may later take advantage of the provisions of this Act by notifying the Board in writing of his intention to accept the provisions of the Act and it shall be mandatory for the Board to accept such employee within the provisions of the Act not later than thirty days from the receipt of said notice of intention to come within the terms of the Act.

The following amendment to the Senate amendment to HB 310, was read and adopted :
Messrs. Page and Hood of Chatham move to amend Senate amendments to HB 310 as follows:
1. By adding in the second line of Section 26A between the words "shall" and "be" the word "not".
2. By striking from Section 26A the third and fourth line of said section the words: "may elect to come under the terms of this Act or may elect not to come under the terms of this Act", and substitute in lieu thereof the words, "shall come under the terms of this Act."
3. By striking from lines five through eight after the word, "act" the following: "unless such employees shall notify the Board in writing of their intention not to come under the terms of the Act at least thirty days before January 1, 1952".
4. By striking the rest of said Section 26A in its entirety, so as amended said Section 26A shall read:
"The provisions of this Act with respect to persons within its provi-

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JOURNAL OF THE HOUSE,

sions shall not be optional. Any county employee shall come under the terms of this Act".
5. By adding to Senate amendment of Section 3 the following:
By striking the word "three" whenever same appears in said section and substituting the word "five"; and by adding at the end of said Senate amendment the following: "In addition to the above named members of said Board there shall be two additional members--one of said members to be appointed from business and the other a member from the professions. The two additional members to be appointed in the same manner as heretofore provided for the other members of said Board. The two additional members shall increase the Board to five and shall be appointed at the same time as the other members of the Board.
6. By amending Senate amendment of Section 20 as follows: By striking said Senate amendment in its entirety and inserting in lieu thereof the following:
"POLITICAL ACTIVITY AND RECOMMENDATIONS. No person holding position in the classified service shall act as a manager, clerk or any other capacity as an election official. No recommendation for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in case of former employees as to ability, shall be considered by the Board, or the Director or the appointing authority, in giving any examination, appointment, promotion or reinstatement under this Act."
Mr. Hood of Chatham moved that the House agree to the Senate amendment, as amended by the House.
On the motion, the ayes were 103, nays 0.
The Senate amendment, as amended by the House, was agreed to.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 466. By Mr. Guthrie of Berrien:
A bill to be entitled an Act to place the Sheriff of Berrien County upon a salary basis in lieu of a fee basis, and for other purposes.
The following Senate am.endlnent to HB 466, was read:
Senator Pittman of the. 53rd District moves to amend HB 466 by:
Adding to the caption thereof, before the words, "and for other purposes," the words, "to provide for a referendum."
Striking Section 5 and inserting in lieu thereof a new Section 5, to read as follows:
"That this Act shall be submitted to the qualified voters of Berrien County for ratification or rejection. The date of said election shall be March 21, 1951, and the Ordinary of Berrien County shall publish the date of said election and the purpose thereof once a week for two weeks before the date of said election in the official organ of Berrien County. The Ordinary shall furnish the ballots for said election, and such ballots shall have thereon, "For ratification of an Act to put the

WEDNESDAY, FEBRUARY 14, 1951

867

sheriff of Berrien County on a salary instead of a fee basis," and "Against ratification of an Act to put the sheriff of Berrien County on a salary instead of a fee basis." The Ordinary is hereby authorized if he sees fit, to use the same ballots that are used in any other election which is held county-wide in Berrien County on said date, or to use separate ballots. Should a majority of the qualified voters voting in said election vote for this Act, then it shall become of full- force and effect. Should a majority of those persons voting in said election vote against the ratification of this Act, then it shall be void and of no force and effect. It shall be the duty of the Ordinary to consolidate and certify the results of said election, and the expense of said election shall be borne by Berrien County."
Mr. Guthrie of Berrien moved that the House agree to the Senate amendment.
On the motion, the ayes were 104, nays 0.
The Senate amendment was agreed to.

HB 534. By Messrs. Smith and Duncan of Carroll:
A bill to be entitled an Act to create a Commissioner of Roads and Revenues for Carroll County, .and for other purposes.

The following Senate amendment to HB 534, was read:

GEORGIA, CARROLL COUNTY:.
I, Stanley Parkman, Editor and Secretary-Treasurer of the Carroli County .Georgian, official organ of Carroll County, Georgia in. which the Sheriff's adyer-tisements are published, do hereby certify that the attached notice, to-wit:
-NoTICE'TO~ LOCAL LEGISLATION
Notice is hereby given as provided by the Constitution of the State of Georgia, that a_ bill will be. introduced. at the next session of the-_ General Assembly con:veriirig' on' January 8, 1951, to abolish the act creating three (3) commissioners of roads and re.venue of Carroll County~ an,d, an act. to
establish a board of commissioners of roads and revenue of one (1 Jperson:,
and to repeal all acts in. ,conflict therewith.
This the 18th day of November, 1950.
at Nov. 23, 30, Dec. 5.
is a true and correct copy of a notice of the intention to apply for passage of the Bill therein referred to, and I further certify said notice has been published in said newspaper in the issues of November 23rd and -aoth, December 7th,- ~14th, .an,d 21st,~ 1950,_as provided in Article 3, Section 7, Pa:r:agrnph 15 of the Con~itution of the State of Georgia of 1945, Code Section 2-1915._
Is/ Stanley Parkman Editor and. Sec.-Treas. of the Carroll County Georgian

8&8

JOURNAL OF THE HOUSE,

Sworn and subscribed to before me this 3rd day of February, 1951.
/s/ 0. W. Roberts, Jr. Notary Public, Georgia State at Large My ComJIIIission Expires April 21, 1954 (Seal)
Mr. Smith of Carroll moved that the House agree to the Senate amendment.
On the motion, the ayes were 105, nays 0.
The Senate amendment was agreed to.

The following Resolutions of the House were read and adopted:

HR 134. By Messrs. Gary of Quitman, Dicus of Muscogee, Smith of Carroll, Mims of Miller, Durham of Baker, Black of Webster, and Griffith of Putnam:
A Resolution extending to Honorable Johnson M. Deason its sympathy and best wishes for a speedy recovery, and for other purposes.

HR 135. By Messrs. Covington of Floyd, Overby of Hall, Gillis of Treutlen and all other Members of the House:
A Resolution congratulating Honorable John Langdale of Lowndes upon the birth of a baby daughter, and for other purposes.

The following Resolutions of the House were read and referred to the Committees:

HR 136. By Messrs. Murr of Sumter, Rogers of Heard, and Ursrey of Jeff Davis:
A Resolution providing for the appointment of a Committee to study all agricultural and livestock development in the State, and for other purposes.
Referred to the Committee on General Agriculture No. 2.
HR 137. By Mr. Langdale of Lowndes:
A Resolution providing that the Game and Fish Committee appoint a subcommittee to visit, study and compile information concerning game and fish, to provide for their per diem, and for other purposes.
Referred to the Committee on Game and Fish.
The following Resolution of the House was read and adopted:
HR 138. By Mr. Key of Jasper:
A Resolution gratefully acknowledging the courtesies received from the employees of the Southern Bell Telephone and Telegraph Company, and for other purposes.

The following Resolution of the House was read and referred to the Committee:

WEDNESDAY, FEBRUARY 14, 1951

869

HR 139. By Mr. Hood of Chatham:
A Resolution providing for a special Committee to work in preparing and recommending a course in Americanism to be taught in our public schools, and for other purposes.
Referred to the Committee on Education # 1.

The following Resolutions of the House were read and adopted:

HR 140. By Messrs. Wilkinson of Long and Smiley of Liberty:
A Resolution expressing deep regret at the passing of Honorable Thomas Lee Howard and extending sympathy to his family and the people of his county, and for other purposes.

HR 141. By Mr. Bennett of Barrow:
A Resolution requesting President Truman to rescind his order closing Lawson Veterans Administration Hospital, and for other purposes.

HR 142. By Messrs. Hand and Twitty of Mitchell, Greer of Lanier, Neville of Bulloch, Harrell of Grady, and others:
A Resolution requesting the Insurance Commissioner to conduct an investigation into rates being charged the individual counties of the State for crop and hail insurance, and for other purposes.

HR 143. By Mr. Jackson of Jones:

A RESOLUTION
To amend HR 3, adopted January 8, 1951, in reference to the compensation of certain attaches of the House of Representatives, and for other purposes.
Be it resolved by the House of Representatives, and it is hereby resolved by the authority of the same, that the figure "$8.00" in Paragraph Three of HR 3, adopted by the House January 8, 1951, be stricken, and in lieu thereof, insert the figure "$10.00".
Be it further resolved that this amendment is retroactive to J anuary 8, 1951.
It is the purpose of this resolution to increase the pay of certain attaches of the House from Eight to Ten Dollars per day.

HR 107-517b. By Messrs. Overby of Hall and Covington of Floyd:
A Resolution to authorize the Boy Scouts to erect a replica of the Statue of Liberty on the Capitol Grounds, and for other purposes.
Mr. Twitty of Mitchell moved that the House do now adjourn until 9:00 o'clock, A. M., tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock, A. lVI., tomorrow morning.

870

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia, Thursday, February 15, 1951.

The House met pursuant to adjournment at 9:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. George H. Coker, Pastor, Macedonia Baptist Church, Manchester, Georgia.

By unanimous consent, the call of the 1oll was dispensed with.

Mr. Callier of Talbot, Chairman. of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

Mr. Rogers of Heard moved that the House reconsider its action in failing to pass the following Bill of the House, to-wit:

HB 267. By Mr. Rogers of Heard:
A Bill to be entitled an Act to provide for tattoo, marks, and brands on Cattle, and for other purposes.
The motion to reconsider prevailed.

Mr. Alverson of Fulton moved that the House reconsider its action in passing the following Bill of the Senate, to-wit:

SB 123. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require candidates in counties of a certain population to file record of convictions in State Courts, to require a majority vote for election, and for other purposes.
The motion to reconsider prevailed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Report of Standing Committees. 4. Second reading of Bills and Resolutions, favorably reported. 5. Third reading and passage of local uncontested bills. 6. First reading and reference of Senate Bills and Resolutions.

THURSDAY, FEBRUARY 15, 1951

871

7. That the Speaker may in his discretion call up any bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 610. By Mr. Alverson of Fulton: A Bill to be entitled an Act to reapportion the several Congressional Districts of this State, and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.
HB 611. By Mr. Walker of Crawford: A Bill to be entitled an Act to place a tax upon bachelors and old maids, and for other purposes.
Referred to the Committee on Public Welfare.
HB 612. By Messrs. Durden of Dougherty and Twitty of Mitchell:
A Bill to be entitled an Act to govern the practice of architecture in Georgia, and for other purposes. Referred to the Committee on State of Republic.
HB 613. By Messrs. Bell of Richmond and Covington of Floyd:
A Bill to be entitled an Act to amend an Act to provide that no seal is required to the attestation of deeds by Notaries Public, and for other purposes. Referred to the Committee on General Judiciary No. 1.
HR 144-613a. By Messrs. Greene of Crisp, Green of Rabun, Green of Cherokee, Green o:f Irwin and many others: A Resolution proposing that the Speaker of the House and the Budget Authorities study the advisability of placing a microphone on the desk of each member to be in use only when the member is recognized by the presiding officer of the House, and also consider the advisability of installing electric voting facilities for the House of Representatives, and for other purposes.
Referred to the Committee on Halls and Rooms.
HB 614. By Messrs. Matthews and Pittard of Clarke: A Bill to be entitled an Act to amend the hours of voting in the municipal elections in the City of Athens, and for other purposes.
Referred to the Committee on Municipal Government.
HB 615. By Messrs. Matthews and Pittard of Clarke: A Bill to be entitled an Act creating a Tax Assessor and a Board of

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Tax Appeals of the City of Athens, and for other purposes. Referred to the Committee on Municipal Government.

HB 616. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to alter a method of election of the City Recorder of Athens; and for other purposes.
Referred to the Committee on Municipal Government.

HB 617. By Messrs. Matthews and Pittard of Clarke:
A Bill to be entitled an Act to alter a method of election of the City Attorney of Athens, and for other purposes.
Referred to the Committee on Municipal Government.

Mr. Rogers of Heard 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 resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 136. Do Pass.
Respectfully submitted,
Rogers of Heard,
Chairman.

Mr. Freeman of Monroe 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 resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 37. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.

Mr. Freeman of Monroe 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 resolution of the House and Senate and has in-

THURSDAY, FEBRUARY 15, 1951

873

structed me as Chairman, to report the same back to the House with the following recommendations:
SR 7. Do Pass. SR 14. Do Pass. HR 115-549b. Do Pass. HR 64-303. Do Pass.
Respectfully submitted, Freeman of Monroe, Chairman.

Mr. Alverson of Fulton 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 considera-
tion 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 213. Do Pass.
SB 214. Do Pass.
SB 215. Do Pass.
Respectfully submitted,
Alverson of Fulton, Chairman.

Mr. Alverson of Fulton 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 200. Do Pass.
SB 204. Do Pass.
Respectfully submitted,
Alverson of Fulton,
Chairman.

Mr. Alverson of Fulton 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 considera-

874

JOURNAL OF THE HOUSE,

tion 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 186. Do Pass. SB 201. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education #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 139. Do Pass.
Respectfully submitted,
Duncan of Carroll,
Chairman.

Mr. Adams of Evans 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 bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 80. Do Pass. Respectfully submitted, Adams of Evans, Chairman.

Mr. Gowen of Glynn 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 138. Do Pass. SB 144. Do Pass.

Respectfully submitted,

Gowen of Glynn, Chairman.

THURSDAY, FEBRUARY 15, 1951

875

Mr. Gowen of Glynn 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 154. Do Pass.
Respectfully submitted,
Gowen of Glynn,
Chairman.

Mr. McWhorter of DeKalb County, Chairman of the Committee on Halls and Rooms, submitted the following report:
Mr. Speaker:
Your Committee on Halls and Rooms 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 144-613a. Do Pass.
Respectfully submitted,
MeWhorter of DeKalb,
Chairman.

Mr. Rowland of Johnson 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 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 178. Do Pass.
HB 508. Do Pass.
Respectfully submitted,
Rowland of Johnson,
Chairman.

Mr. Lewis of Hancock 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

876

JOURNAL OF THE HOUSE,

as Chairman, to report the same back to the House with the following recommendations:
HB 38, as amended. Do Not Pass. Respectfully submitted, Lewis of Hancock, Chairman.

Mr. Barber of Colquitt 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 Senate and has instructed me as Vice-Chairman, to report the same back to the House with the following recommendations:
SB 195. Do Pass.
SB 203. Do Pass.
Respectfully submitted,
Barber of Colquitt,
Vice-Chairman.

Mr. Jessup of Bleckley 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 resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 128-605b. Do Pass. HR 105-502a. Do Pass. HR 102-476d. Do Pass.
Respectfully submitted,
Jessup of Bleckley,
Chairman.

Mr. Henderson of Atkinson 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 bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 206. Do Pass.

THURSDAY, FEBRUARY 15, 1951

877

SB 207. Do Pass.

Respectfully submitted, Henderson of Atkinson, Chairman.

Mr. Greer of Lanier County, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Public Welfare 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 88. Do Pass.
Respectfully submitted,
Greer of Lanier,
Chairman.

Mr. Smiley of Liberty County, Chairman of the Committee on Special Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Special Appropriations has has under consideration
the following resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 25. Do Pass.
Respectfully submitted,
Smiley of Liberty,
Chairman.

Mr. Smith of Carroll 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 resolutions of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 54. Do Pass.
SR 40. Do Pass.
Respectfully submitted,
Smith of Carroll,
Chairman.

878

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 149. Do Pass. SB 150. Do Pass. SB 199. Do Pass. SB 208. Do Pass. SB 209. Do Pass. SB 210. Do Pass. SB 211. Do Pass, as Amended. SB 212. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of the Republic, submitted the following report: Mr. Speaker:
Your Committee on State of the Republic has had under consideration the following bills and resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 56. Do Pass. SB 194. Do Pass. SB 190. Do Pass. SB 84. Do Not Pass.
Respectfully submitted,
_McCracken of Jefferson,
Chairman.

Mr. The following message was received frPm the Senate through Stewart,

the Secretary thereof:

_.

Mr. Speaker:

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

THURSDAY, FEBRUARY 15, 1951

879

HB 307. By Messrs. Scoggin, Hall and Covington of Floyd:
A bill to be entitled an Act to amend an Act to create a new Charter and municipal government. for the City of Rome, and for other purposes.

HB 308. By Messrs. Scoggin, Hall and Covington of Floyd:
A bill to amend an Act to create a new charter and municipal government for the City of Rome; to define the corporate limits, and for other purposes.

HB 363. By Messrs. Duncan and Smith of Carroll:
A bill to amend the charter of the City of Carrollton; and for other purposes.

HB 366. By Messrs. Hood and McGee of Chatham:
A bill to authorize the mayor and alderman of the City of Savannah to incur an additional debt; to permit the mayor and alderman of the City of Savannah to levy a tax upon all the taxable property, etc., and for other purposes.

HB 36'7. By Mr. Page of Chatham:
A bill to amend the charter of the Mayor and Council of the Town of Garden City and for other purposes.

HB 403. By Messrs. Register and Langdale of Lowndes:
A bill to amend the charter of the City of Valdosta; to authorize the levy and collection of a tax by said city upon consumers of electricity, gas and other products and services of Public Utility Companies, and for other purposes.

HB 407. By Mr. Denton of Paulding:
A bill to amend an Act to create a new charter for the Town of Dallas, and for. other purposes.

HB 432. By Mr. Mishoe of Tattnall:
A bill to provide that the Ordinary of Tattnall County shall receive $50.00 per month in addition to fees, and for other purposes.

HB 436. By Mr. Duncan of Carroll:
A bill to amend the Charter of the Town of Bowdon, and for other purposes.

HB 445. By Mr. Abney of Catoosa:
A bill to establish a new charter for the Town of Ringgold, and for other purposes.

880

JOURNAL OF THE HOUSE,

HB 450. By Mr. Tippens of Wilcox:
A bill to amend an Act which creates the Board of Commissioners of Roads and Revenues in the County of Wilcox, and for other purposes.

HB 453. By Messrs. Harper and Bolton of Spalding:
A bill to amend the charter of the City of Griffin, and for other purposes.

HB 454. By Mr. Adams of Brantley:
A bill to amend an Act which creates and incorporates the City of Nahunta, and for other purposes.

HB 458. By Mr. Abney of Catoosa:
A bill to amend the charter of the Town of Oglethorpe, and for other purposes.

HB 468. By Messrs. Bell, Mackay and McWhorter of DeKalb:
A bill to amend an Act creating a complete system of retirement and pension pay for the employees of the City of Decatur.

HB 471. By Mr. Murphy of Haralson:
A bill to amend an Act which incorporates the City of Tallapoosa in the County of Haralson, so as to provide that the salary of the Clerk of the Council shall be set by the Mayor and Council, and for other purposes.

HB 472. By Mr. McCracken of Jefferson:
A bill to amend an Act to incorporate the Town of Wrens, in the County of Jefferson, to define the corporate limits thereof; to provide a municipal government, and for other purposes.

HB 473. By Messrs. Johnson and Overby of Hall:
A bill to amend an Act establishing a new charter for the City of Gainesville, and for other purposes.

HB 474. By Messrs. Duncan and Smith of Carroll:
A bill to repeal an Act approved Feb. 25, 1949 establishing a Board of Tax Equalizers for the City of Carrollton, and for other purposes.

HB 486. By Mr. Hopkins of Charlton:
A bill to amend an Act to create and establish a new charter for the City of Folkston, and for other purposes.

HB 487. By Messrs. Durden and Gardner of Dougherty: A bill to amend the Act creating and establishing a new charter for

THURSDAY, FEBRUARY 15, 1951

881

the City of Albany; defining the corporate limits of said city, and for other purposes.

HB 488. By Dr. Smith of Bryan:
A bill to amend an Act incorporating the City of Pembroke, and for other purposes.

HB 497. By Messrs. Williams of Houston; Little of Peach; Walker of Crawford; and others:
A bill to provide that the salary of each of the Judges of the Superior Courts of the Macon Circuit shall be supplemented by payments to be made from the Treasurers of Bibb, Crawford, Houston, and Peach Counties, and for other purposes.

HB 500. By Messrs. Dicus, Hollis and Pickard of Muscogee:
A bill to amend the charter of the City of Columbus by extending the present corporate limits, and for other purposes.

HB 502. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A bill to authorize the Commissioners of Roads and Revenues of Mus_cogee County to enact zone and planning laws, and for other purposes.

HB 523. By Messrs. Lovett and Hadden of Laurens:
A bill to amend an Act reducing the number of County Commissioners of Laurens County, and for other purposes.

HB 526. By Mr. Stocks of Lee:
A bill approved March 6, 1945, relating to the Board of Commissioners of Roads and Revenues of Lee County, and for other purposes.

HB 527. By Mr. Murphy of Haralson:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Haralson County, and for other purposes.

HB 531. By Mr. Hilton of Montgomery:
A bill to provide that the sheriff of Montgomery County shall be paid the sum of $100.00 per month in lieu of any mileage allowances and for other purposes.

HB 532. By Mr. Hilton of Montgomery:
A bill to amend an Act creating the office of Tax Commissioner of Montgomery County; and for other purposes.

HB 335. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to amend an Act pertaining to Coroners' fees in counties having a population of 300,000 or more; and for other purposes.

882

JOURNAL OF THE HOUSE,

HB 542. By Messrs. McGee, Page and Hood of Chatham:
A bill to amend an Act creating the Chatham County Pension Board; and for other purposes.

HR 45.

By Mr. Abney of Walker:
A resolution authorizing the State Librarian to furnish to the Clerk of the Superior Court of Walker County, Ga., without costs to said county except for payment of packing and transportation charges, certain volumes which have been lost or destroyed.

HR 88. By Mr. Bolton of Spalding:
A resolution authorizing the Adjutant General of the State of Georgia to enter into a contract with the City of Griffin, concerning the use of a certain trust fund now held by said City, as trustee, for the local military company located at Griffin, and for other purposes.

The Senate has read and adopted the following resolution of the House:
HR 130. By Messrs. Coffin of Schley, Adams of Upson and others: A resolution to provide for continuing the House and Senate Committee to investigate the Welfare Department, and for other purposes.

The Senate has passed by substitute by the requisite constitutional majority the following bills of the House to wit:
HB 524. By Messrs. Scoggin, Covington and Hall of Floyd:
A bill to amend an Act to establish a city court of Floyd County; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 42. By Messrs. Smith of Emanuel, Ray of Warren, Campbell of Oconee and others:
A bill to provide for levying, assessing and collecting an income tax on net incomes; to provide for ascertaining net income for State income tax purposes; and for other purposes.

The Senate has passed as amended by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 229. By Messrs. Key of Jasper, Twitty of Mitchell, Smith of Emanuel, and others:
A bill to amend an Act known as an Act to authorize the establishment and maintenance of common trust funds and to prescribe and

THURSDAY, FEBRUARY 15, 1951

883

define the rights, powers and duties of fiduciaries, banks and trust companies with respect thereto; and for other purposes.

HB 541. By Mr. Sheffield of Brooks:
A bill to repeal an Act entitled "An Act to establish the City Court of Quitman"; and for other purposes.

HB 550. By Mr. Tillman of Appling:
A bill to change the time of convening the Spring Term of Superior Court of Appling County, and for other purposes.

HB 551. By Mr. Tillman of Appling:
A bill to repeal an Act entitled "An Act to establish the City Court of Baxley, and for other purposes.

HB 556. By Messrs. Trapnell and Neville of Bulloch:
A bill to amend an Act to create the City Court of Statesboro, and for other purposes.

HB 563. By Messrs. Covington, Hal~, and Scoggin of Floyd:

A bill providing for a supplement to the annual salary now provided

by law for the Judge of the Superior Court of the Rome Judicial Cir-

cuit; and for other purposes.

.

By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported were read the second time:
HB 508. By Messrs. Dews of Calho1,1n and Pittard of Clarke:
A Bill to be entitled an Ac~ to amend an A~t relating to wage exemption until after judgment from garnishment, to provide that share croppers' wages shall also be exempt until after judgment, and for other purposes.
HR 64-30:id. By Messrs. Murr and Burgamy of Sumter:
A Resolution to propose an amendment to permit the General As.sembly to exempt from taxation accounts receivable and . notes receivable, and for other purposes.
HR 102-476d. By Mr. Lewis of Hancock:
A Resolution requesting the State Librarian to furnish law books to the Clerk of the Superior Court of Hancock County, and for other purposes.
HR 105-502a. By Messrs. Carr and Britton of Whitfield:
A Resolution requesting the State Librarian to furnish law books to the Clerk of the Superior Court of Whitfield County, !lnd for other purposes.,

884

JOURNAL OF THE HOUSE,

HR 115-549b. By Mr. Tillman of Appling:
A Resolution proposing an amendment to provide for the division of Appling County into school districts, and for other purposes.

HR 128-605b. By Mr. Hall of Toombs:
A Resolution requesting the State Librarian to replace certain lost or destroyed law books for the County of Toombs, and for other purposes.

SB 80.

By Senator Millican of the 52nd and Grayson of the 1st:
A Bill to be entitled an Act to provide that members of the Employees Retirement System of Georgia who became subject to Teachers' Retirement System may transfer their credits, and for other purposes.

SB 88.

By Senator Hawes of the 30th:
A Bill to be entitled an Act to prohibit the standing or walking, or hiring of another to stand or walk, on a public street or highway for the purpose of offering any matter relative to hotels, etc., and for other purposes.

SB 138. By Senators Chance of the 43rd, Akins of the 40th, and others:
A Bill to be entitled an Act to repeal an Act relating to compensation of stenographers and reporters in civil cases, and for other purposes.

SB 144. By Senator Rawls of the lOth:
A Bill to be entitled an Act to make communications to ministers privileged; and for other purposes.

SB 149. By Senators Carlisle of the 7th, Rawls of the lOth, and others:
A Bill to be entitled an Act to fix the domicile of corporations engaged in publishing newspapers, magazines and other periodicals, and for other purposes.

SB 150. By Senators Connell of the 6th, Carlisle of the 7th, Rawls of the lOth, and many others:
A Bill to be entitled lfn Act to implement and provide for the enforcement of Article IV of Section IV, Paragraph 1 of the Constitution of Georgia prohibiting monopolies, and for other purposes.
SB 154. By Senator Willingham of the 39th:
A Bill to be entitled an Act to amend an Act entitled "The Revenue Certificate Law", and for other purposes.

EB 178. By Senator Rawls of the 1Oth:
A Bill to be entitled an Act to amend an Act known as the "Unemployment Compensation Law", and for other purposes.

THURSDAY, FEBRUARY 15, 1951

885

SB 186. By Senator Duncan of the 34th:
A Bill to be entitled an Act to amend an Act creating the City Court of Gwinnett County, and for other purposes.

SB 190. By Senators Mashburn of the 33rd and Williams of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Old Age Assistance Act", and for other purposes.

SB 194. By Senators Williams of the 19th, and Blalock of the 26th:
A Bill to be entitled an Act to amend an Act known as the "Old Age Assistance Act", to provide for financially able children to support needy parents, and for other purposes.

SB 195. By Senator Williams of the 49th:
A Bill to be entitled an Act to raise the salary of the Solicitor of the City Court of Metter, and for other purposes.

SB 199. By Senators Hargreaves of the 5th, Senator Dean of the 46th and Senator Connell of the 6th:
A Bill to be entitled an Act to authorize the Comptroller-General to determine whether the employees of his Department shall be under the State Merit System of Personnel, and for other purposes.

SB 200. By Senator Hargreaves of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of the County of Atkinson, and for other purposes.

SB 201. By Senator Hughes of the 32nd:
A Bill to be entitled an Act to repeal an Act creating a Board of Commissioners of Roads and Revenues for the County of Lumpkin, and for other purposes.

SB 203. 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, to provide for changes in health services, and for other purposes.

SB 204. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to Boards of Health, and for other purposes.

SB 206. By Senators Carlisle of the 7th, Connell of the 6th, and Duncan of the 34th:
A Bill to be entitled an Act to amend an Act relating to sinking fund to be established by the State Park Authority, and for other purposes.

886

JOURNAL OF THE HOUSE,

SB 207. By Senators Carlisle of the 7th, Connell of the 6th, and Duncan of the 34th:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the division of State Parks, and for other purposes.

SB 208. By Senator Coleman of the 18th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, and for other purposes.

SB 20.9. By Senator Coleman of the 18th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, relating to members of the Fire Department, and for other purposes.

SB 210. By Senator Coleman of the 18th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta to extend the city limits, and for other purposes.
SB 211. By Senator Coleman of the 18th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta; to extend the city limits to include Forest Hills, and for other purposes.

SB 212. By Senator Coleman of the 18th:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, to provide that all general elections for Mayor and/or for members of Council shall be held on the second Wednesday in September, and for other purposes.

SB 213. By Senator Drinkard of the 29th:
A Bill to be entitled an Act to provide that the salary of the Judge of the Superior Court of Augusta Judicial Circuit shall be supplemented from County funds, and for other purposes.

SB 214. By Senator Stephens of the 50th:
A Bill to be entitled an Act to create Fire Sanitation and Sewerage Districts in Clarke County so as to furnish fire protection to the citizens of Clarke County, and for other purposes.

SB 215. By Senator Stephens of the 50th:
A Bill to be entitled an Act authorizing the Board of Commissioners of Roads and Revenue for Clarke County to establish rules and regulations governing pensions of County employees, and for other purposes.

SR 7.

By Senators Rawls of the lOth, Connell of the 6th, Carlisle of the 7th, and others:
A Resolution proposing an amendment to exempt from taxation only

THURSDAY, FEBRUARY 15, 1951

887

for State purposes, farm products, livestock and poultry, so long as same remains in possession of the producer, and for other purposes.

SR 14. By Senator Grayson of the 1st:
A Resolution proposing an amendment to the Constitution creating the "Georgia Ports Authority", providing for the appointment, etc., and for other purposes.

SR 25. By Senator Harden of the 45th:
A Resolution to authorize the State Board of Corrections to reimburse T. J. Wells for damage done to his automobile by two escaped State Convicts, and for other purposes.

SR 40. By Senator McLaughlin of the 3rd:
A Resolution releasing Robert Lee Howe and J. M. Madray and J. M. Reddish, from payment of appearance bond, and for other purposes.

SR 54. By Senator Branch of the _47th:
A Resolution to relieve J. L. Brooks from paying bonds, and for other purposes.

By unanimous consent, the following Bill of the Senate was again taken up for consideration:
SB 123. By Senator Millican of the 52nd: A Bill to be entitled an Act to require candidates in counties of a certain population to file record of convictions in state courts, to require a majority vote for election, and for other purposes.
The following amendment to SB 123, was read and adopted:
The Fulton delegation moves to amend SB 123 as follows:
By striking Sections 4 & 5 in their entirety.
By renumbering Section 6 to be known as Section 4 and Section 6 to Section 5.
By changing 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:

888

JOURNAL OF THE HOUSE,

SB 175. By Senator Willingham of the 39th:
A Bill to be entitled an Act creating the "Cobb County-Marietta Water Authority", and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 182. By Senator Coffin of the 12th:
A Bill to be entitled an Act to provide for the holding of two terms a year of the Superior Court of Stewart County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 184. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the Charter of the City of Atlanta providing that vacancies in the office of Chief of Police and Chief of the Fire Department to be filled by the Mayor and General Council, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 192. By Senator Farrar of the 42nd:
A Bill to be entitled an Act to amend the Charter of the Town of Trion, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 196. By Senator King of the 24th:
A Bill to be entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Marion, and for other purposes.
The report 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 15, 1951

889

SB 197. By Senator King of the 24th:
A Bill to be entitled an Act to repeal the Act creating the office of Commissioner of Roads and Revenues for Marion 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.

The following Resolution of the Senate was read and adopted:

SR 34. By Senators Rawls of the lOth, Hargreaves of the 5th and many others:
A Resolution adopting the song "Our Georgia" written by James B. Burch, as official Waltz of Georgia, and for other purposes.

Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:
SB 51. By Senators Mashburn of the 33rd, Lancaster of the 28th and, Wall of the 9th:
A Bill to be entitled an Act to transfer certain duties, powers, and functions vested in the State Department of Public Welfare, and for other purposes.
The report 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 44. By Senators Strickland of the 38th, Coleman of the 18th, and many others:
A Bill to be entitled an Act to recognize the existing system of Vocational Rehabilitation of the physically or mentally impaired, including the blind citizens 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 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 6. By Senators Rawls of the lOth, Pittman of the 53rd, and many others:
A Bill to be entitled an Act to amend an Act to provide for the leasing of the overhead of underground rights or property not useful for railroad purposes of the Western-Atlantic Railroad, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

890

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 111, nays 2. The bill, having received the requisite constitutional majority, was passed.

SB 27. By Senator Williams of the 19th:
A Bill to be entitled an Act to require insurance companies and fraternal benefit societies to run from and including July 1 to and including the next following June 30, instead of from January 1, as at present, and for other purposes.
Mr. McCracken of Jefferson moved that the bill be tabled.
On the motion, the ayes were 65, nays 55.
The bill was tabled.

SR 35. By Senators Connell of the 6th, Rawls of the lOth, and Carlisle of the 7th:
A Resolution proposing that the Congress of the United States be requested by the General Assembly of Georgia to repeal those laws which declare public welfare rolls of a confidential nature, and for other purposes.
The resolution was adopted.

SB 56. By Senator Mashburn of the 33rd:
A Bill to be entitled an Act to amend the premarital examination 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 114, nays 0.
The bill, having received the requisite constituti<>nal majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:
HB 263. By Messrs. Lovett of Laurens, Smith of Emanuel, Gowen of Glynn, Hand and Twitty of Mitchell, Greer of Lanier, Ray of Warren:
A Bill to be entitled an Act to make General Appropriations for the maintenance and operation of the agencies of Government for the fiscal year beginning July 1, 1951, and for other purposes.
The following Senate amendments to HB 263, were read:
Senators Duncan and Grayson move to amend HB 26'3 by amending Section VIII by adding a new paragraph at the bottom of Page 3 of said bill to read as follows:
Provided further that a sum not to exceed $795,000 of the funds provided in this section shall be exper<ded only for the purpose of providing a separate and central institution at which place proper

THURSDAY, FEBRUARY 15, 1951

891

medical treatment and suitable educational training shall be provided for the spastic children of this State and for children afflicted with cerebral palsy.
Provided further that before such institution .is permanently established the Governor shall name a committee consisting of a physician or surgeon versed in the treatment of these children, as well as an educator familiar with the training necessary for such children, to investigate the practicality and the need of such an institution and to report their findings and recommendations back to the Governor and the 1952 Session of the General Assembly. On the appointment of this committee by the Governor, the Governor is authorized to fix the compensation of the members of said committee and to provide for the payment of their expenses incurred during the investigation subject to the approval of the Budget Commission, said compensations and expenses shall be paid from the amount hereby appropriated, and in no event to exceed $5,000.00
Senator Millican, of the 52nd, moves to amend HB 263, Section 8, by striking in its entirety paragraph which reads as follows:
"Provided further that $795,000.00 of the funds provided in this Section shall be expended only for costs incident to the education of spastic children and children afflicted with cerebral palsy, in cooperation with local boards of education"
and inserting in lieu thereof a paragraph to read as follows:
"Provided, further, that the State Board of Education is hereby directed, effective July 1, 1951, to establish educational facilities for the education of spastic children and children afflicted with cerebral palsy in cooperation with local boards of education and the Board is also directed to make the necessary allotment of funds provided in this section for the costs incident thereto and provided further, that funds for this purpose shall only be expended through the local boards of education and no expenditures shall be authorized by the board for cost of operating the Department of Education or any division thereof for costs incident to carrying out the purposes of this paragraph other than for distribution to the local boards of education."
Senator Adams, of the 15th, moves that HB 263 be amended as follows by adding a new sub-section to Section 30 of said Bill to be identified and read as follows:
(m) For repairs and development of "Little Ocmulgee State Park'' ----------------------------------------------------------------------$25,000.00
Senator Rawls, of the lOth, moves to amend HB 263 as follows:
Section 26; by striking $60,000.00 and substituting $30,000.00.
Senator Millican, of the 52nd and Senator Coleman, of the 18th Amend HB 263, Section 46, page 11 Secretary of State by adding a new paragraph to be known as "D" and reading as follows:
(D) For cost of housing and safekeeping permanent and valuable state records and for micro-filming of permanent and valuable State records --------------------------------------------------$20,000.00

892

JOURNAL OF THE HOUSE,

Senator Millican, of the 52nd, moves to amend HB 263, Page 10, Section 44 "Revenue, Department of" in line 7 by striking the figure "300,000.00" and inserting in lieu thereof the figure "350,000.00."
Senators Moate of the 20th, and Williams of the 21st, moves to amend HB 263, Section 20, by adding the following:
"Provided, further, that in the event additional funds are made available for the purposes provided in this Section through the operations of Section 54 of this Act, and if the additional funds are sufficient, and if and when employees are available, the governing officials of the Milledgeville State Hospital are hereby authorized and directed to promulgate and establish an eight hour working day shift for the employees of the Hospital."
Senator Coleman of the 18th, moves to amend HB 263 Section 46, Subsection (C) by striking the figures $120,000.00 and inserting in lieu thereof $150,000.00 and by striking the figures $10,000.00 in the proviso of said subsection and insert in lieu thereof the figures $40,000.00.
The Committee moves to amend HB 263, Section 1, by adding at the end of the proviso under said Section 1, the following sentence:
"Provided, further, that effective January 8, 1951 and each period thereafter, the members of the General Assembly shall in addition to any other allowances heretofore authorized, be paid a per diem contingent expense allowance of five dollars for each day that a member receives compensation for service as a member of the General Assembly and said allowance shall be in lieu of any payment of accounts for telephone, telegraph, postage and other incidental items of a like nature which have not been furnished and paid for by the State and which may be personally incurred by the individual members in the performance of official duties and this allowance to the members of the General Assembly shall be authorized as part of the cost of ordinary expenses of the State Government as provided for by Act III, Section VII, Par. VIII of the Constitution of Georgia. Provided, further, the per diem allowance provided for in the foregoing shall also be payable to any other official or attache who receives allowances, authorized by action of one or both branches of the General Assembly, based on the allowances provided for Members of the General Assembly. Provided, further, that there is hereby appropriated an additional $75,000.00 for the fiscal year ending June 30, 1951."
Committee moves to amend HB 263, Section 4, by adding a paragraph in said Section which shall read as follows:
"There is hereby appropriated for the fiscal year ending June 30, 1951 the sum of $49,200.00 which shall be in addition to the appropriation now in force and effect."
Committee moves to amend HB 263, Section 8, by striking in its entirety paragraph which reads as follows:
"Provided further that $795,000.00 of the funds provided in this Section shall be expended only for costs incident to the education of spastic children and children afflicted with cerebral palsy, in cooperation with local boards of education."

THURSDAY, FEBRUARY 15, 1951

893

Committee moves to amend HB 263, Section 8, by adding at the end of said Section a new sub-section to read as follows:
"(b) For maintenance, operation and improvement of the North and South Georgia Trade Schools now operated by State Board of Education in addition to a $375,000.00 annual allotment to be provided from other funds appropriated to the State Board of Education........................................................$125,000.00
Committee moves to amend HB 263, Section 8, by adding a paragraph which reads as follows:
"(c) For additional funds for one year above the amount provided in the Regular Education Funds for the Georgia Academy for Blind to be expended for the improvement of buildings, grounds, equipment anad other facilities......................$250,000.00 Committee moves to amend HB 263, Section 9, Sub-section (a)
by striking the figures $6,748,000.00 and inserting in lieu thereof the figures $6,765,000.00 and by adding a proviso at the end of said subsection to read as follows:
"Provided, that from the funds provided herein, $17,000.00 annually shall be allotted to the Valdosta State College to defray the cost of the establishment and operations of a Journalism and Public Relations Department."
Committee moves to amend HB 263, Section 9, by adding a new paragraph at the end of said Section to read as follows:
"Provided further, that should any part or portion of this Section be held to be unconstitutional by a final judgment of any court of competent jurisdiction, then the entire Section shall thereafter be void, invalid and unenforceable and the remaining balance of the funds appropriated in this Section, in whole or in part, shall not be paid."
Committee moves to amend HB 263, Section 20, by striking in its entirety the proviso thereunder which reads as follows:
"Providing $500,000.00 of said sum or the portion thereof necessary, is to be used for the purpose of placing the employees of the Milledgeville State Hospital on an eight hour working day shift,"
and inserting in lieu thereof a proviso to read as follows:
"Provided that of the funds appropriated in this Section $500,000.00 or so much thereof as is necessary shall be used to pay the additional annual compensation necessary to place the employees of the Milledgeville State Hospital on the compensation scale promulgated by the State Personnel Board and said adjustment shall be made effective July 1, 1951."
Committee moves to amend HB 263, Section 22, sub-section (b) by striking the figure $375,000.00 and substituting in lieu thereof the figure $500,000.00.
Committee moves to amend HB 263, Section 30, by adding a new sub-section thereunder to read as follows:

894

JOURNAL OF THE HOUSE,

"(i) For development of Fort Yargo State Park-Barrow County .............................................................................. $25,000.00

Committee moves to amend HB 263, Section 30, by adding a new sub-section (j) to read as follows:

"(j) For improving and adding facilities at Amicalola State Park ..................................................................................$25,000.00

Committee moves to amend HB 263, Section 30, by adding a new sub-section (k) to read as follows:

"(k) For building a Museum and for other improvements at Alexander H. Stephens State Park near Crawfordville, Ga.

$25,000.00

Committee moves to amend HB 263, Section 30, by adding a new sub-section (1) to read as follows:

"(1) For development of a State Park to be located in Lincoln County in the Clark Hill Dam Area........................$25,000.00

Committee moves to amend HB 263, Section 54, by adding at the end of the second paragraph of said Section after the words "State Revenue Department" the words to read as follows:

"and it shall not apply to the appropriation authorized in subsection for State Hospital and/ or Medical College plant, equipment and operations."

Committee moves to amend HB 263, Section 54, sub-section (k) by adding a proviso thereunder to read as follows:

"Provided that from the funds authorized herein the sum of $200,000.00 or so much thereof as may be necessary shall be used to replace the building recently burned at the Gracewood f>chool for feeble-minded children, provided the building cannot be replaced from funds otherwise appropriated."

Committee moves to amend HB 263, Section 54, Sub-section (s)

pertaining to appropriation for Black Rock Mountain Park by striking

the figures $100,000.00 and inserting in lieti thereof the figures

$50,000.00.

.

The following House amendments to the Senate amendments to HB 263, were read and adopted:
Messrs. Lovett of Laurens, Ray of Warren, and McCracken of Jefferson move to amend Senate Committee amendment #8, by adding the following
paragraph to appear at the end of Section # 9:
"Provided, further, that nothing in this Section shall be construed as voiding that part of the appropriations made in this Section which are available for Capital Improvements as determined by the State Budget Bureau."

Messrs. Lovett of Laurens, Ray of Warren, and McCracken of Jefferson move to amend Senate Committee amendment #5, by adding the following
paragraph to appear at the end of Section #8:

THURSDAY, FEBRUARY 15, 1951

895

"Provided, further, that nothing in this Section shall be construed as voiding that part of the appropriations made in this Section which are available for Capital Improvements as determined by the State Budget Bureau."
Mr. Lovett of Laurens moved that the House agree to the Senate amendments, as amended by the House, with the exception of Senate amendment No. 9.
On the motion, the ayes were 111, nays, 0.-
The Senate amendments, as amended by the House, were agreed to.
Mr. McCracken of Jefferson moved that the House agree to Senate amendment No. 9 to HB 263.
On the motion, Mr. McCracken of Jefferson moved the ayes and nays and the call was sustained.

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

Those voting in the affirmative were Messrs.:

Adams of Brantley Adams of Evans Aycock Ball Bargeron Barrett Battles Baughman Beasley Bennett Best Birdsong Black Boggus Boone Brannen Brazeal Brooks Burkett Byrd Callier Cates Clary Coffin Dorsey Durham Edenfield Flynt Gardner Garrard Gary Gillis
Graham
Green of Irwin
Greene of Crisp Guthrie

Hadden Harrell Harris Hawkins Henderson Herrin Hilton Holley Hood Hopkins Huddleston Jackson Jessup Jolly
Jones of Lumpkin Jordan Kemp Kennedy Key
Kidd King Kitchens Lanier Lavender Lewis of Hancock Lovett McCracken Mangum Mishoe Nelson Neville Newman
Otwell
Overby
Parker Peacock

Ramsey Raulerson Ray Risner Rogers Rollins Rowland Scott Sheffield Simmons Smiley Smith of Bryan Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stocks Tamplin Tarbutton Terry
Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vickers Walker of Telfair Wheeler White Whitworth
Wiggins
Williams of Houston Willingham Willis

896

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Upson Alverson Barber of Colquitt Bell of DeKalb Bell of Richmond Bentley Biggers Brantley Britton Burgamy Campbell of Oconee Campbell of Walker Carr Claxton Clay Covington Cranford Deen Dews Dicus Duncan

Durden Fears Gowen Green of Cherokee Green of Rabun Greer Griffith Groover Hale Hall of Floyd
Johnson of Hall Johnston Jones of Bartow Kelley Knight Lam Langdale Lewis of Greene Little McKelvey McWhorter Mackay Matthews

Mull Murphy Murr Musgrove Nightingale Page Pittard Register Robertson of Coweta Robertson of Dawsor Scoggin Sivell Smith of Carroll M. M. Smith of Fulton Sumner Tarpley
Vandiver Waldrop Weems Wilkes Williams of Cobb Wood Wright

Those not voting were Messrs. Barber of Jackson, Bolton, Clark, Coogle, Cornelius, Dally, Deason, Denton, Freeman, Hall of Toombs, Harper, Hollis, Ivey, Leach, McGarity, McGee, Mims, Owens, Pickard, Pickett, Short, Smith of Emanuel, Stewart, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

By unanimous consent, verification of the roll call was dispensed with.
On the motion to agree to the Senate amendment, the ayes were 108, nays 6'9.
The Senate amendment No. 9, was agreed to.
Honorable George Smith of Emanuel, Speaker Pro Tempore of the House, was presiding at the time of the roll call and therefore could not vote on the adoption of the amendment No. 9.

Under the regular order of business, the following Resolution of the Senate was taken up for consideration and read the third time:
SR 5. By Senators Willingham of the 39th, Rawls of the lOth and others:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia by adding to Paragraph IV of Section IX of Article VII, a new sub-paragraph to be numbered (b) to read as follows:
(b) To defray the cost of all activities incident to providing and maintaining an adequate system of public roads and bridges in this

THURSDAY, FEBRUARY 15, 1951

897

State as authcrized by laws enacted by the General Assembly of Georgia, and for grants to counties for aid in county road construction and maintenance as provided by law authorizing the State Treasury to make such grants, the General Assembly of Georgia shall in each General Appropriation Act make the aggregate of the fixed appropriations for highway purposes an amount not less than the total Motor Fuel and Motor Vehicle License taxes received by the State Treasury for the immediately preceding fiscal year, less the amount of refunds, rebates, and collection costs authorized by law. The expenditure of the appropriations made in conformity with this provision shall be subject to all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of this State Constitution and other laws enacted by the General Assembly.
Said funds are hereby allocated to the Highway Department and shall be utilized for highway improvement including construction and maintenance. In the event of a general war in which the United States of America is involved said funds shall be held to the credit of the State Highway Department until such time as the road burding program can be continued and materials obtained for said purpose. During any such period of time all the funds, which cannot be used for highway purposes, shall be invested in bonds of the United States of America or securities, the payment of the principal and interest of said securities being guaranteed by the United States of America. In the event of invasion of this State by land, sea, or air, said funds may be utilized on the executive order of the Governor for defense purposes. Provided, however, the provisions of this sub-section shall not be effective in time of war or national emergency and materials are not available for highway construction and maint~nance when such a condition is so declared by the Governor of Georgia in recognition of such national conditions.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1.
Upon the approval of this resolution in the manner hereinafter provided, that paragraph IV of Section IX of Article VII of the Constitution of the State of Georgia be amended by adding a new sub-paragraph to be numbered (b) to read as follows:
"(b) To defray the cost of all activities incident to providing and maintaining an adequate system of public roads and bridges in this State as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties for aid in county road construction and maintenance as provided by law authorizing the State Treasury to make such grants, the General Assembly of Georgia shall in each General Appropriation Act make the aggregate of the fixed appropriations for highway purposes an amount not less than the total Motor Fuel and Motor Vehicle License taxes received bv the State Treasury for the immediately preceding fiscal year, less the amount of refunds, rebates, and collection costs authorized by law. The expenditure of the appropriations made in conformity with th:s provision shall be subject to all the rules, regu1ations and restrictions imposed on the expenditure of appropriations by provisions of this State Constitution and other laws enacted by the General Assembly.

898

JOURNAL OF THE HOUSE,

Said funds are hereby allocated to the Highway Department and shall be utilized for highway improvement including construction and maintenance. In the event of a general war in which the United States of America is involved said funds shall be held to the credit of the State Highway Department until such time as the road building program can be continued and materials obtained for said purpose. During any such period of time all the funds, which cannot be used for highway purposes, shall be invested in bonds of the United States of America or securities, the payment of the principal and interest of said securities being guaranteed by the United States of America. In the event of invasion of this state by land, sea, or air, said funds may be utrized on the executive order of the Governor for defense purposes. Provided, however, the provisions of this sub-section shall not be effective in time of war or national emergency and materials are not available for highway construction and maintenance when such a condition is so declared by the Governor of Georgia in recognition of such national conditions."
and so that Paragraph IV of Section IX of Article VII of the Constitution of the State of Georgia, when so amended shall read as follows:

"(a) The appropriation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object, the proceeds of any particular tax or fund or a part of percentage thereof."
"(b} To defray the cost of all activities incident to providing and maihtaining an adequate system of public roads and bridges in this State as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties for aid in county road construction and maintenance as provided by law authorizing the State Treasury to make such grants, the General Assembly of Georgia shall in each General Appropriation Act make the aggregate of the fixed appropriations for highway purposes an amount not less than the total Motor Fuel and Motor Vehicle License taxes received by the State Treasury for the immediately preceding fiscal year, less the amount of refunds, rebates, and collection costs authorized by law. The expenditure of the appropriations made in conformity with this provision shall be subject to all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of this State Constitution and other laws enacted by the General Assembly. Said funds are hereby allocated to the Highway Department and shall be utilized for highway improvement including construction and maintenance. In the event of a general war in which the United States of America is involved said funds shall be held to the credit of the State Highway Department until such time as the road building program can be continued and materials obtained for said purpose. During any such period of time all the funds, which cannot be used for highway purposes, shall be invested in bonds of the United States of America or securities, the payment of the principal and interest of said securities being guaranteed by the United States of America. In the event of invasion of this state by land, sea, or air, said funds may be utilized on the executive order of the Governor for defense purposes. Provided, however, the provisions <>f this sub-section shall not be effective in time of war or national emergency and materials are not available for highway construction

THURSDAY, FEBRUARY 15, 1951

899

and maintenance when such a condition is so declared by the Governor of Georgia in recognition of such national conditions."

Section 2.
Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same 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 Congressi-:mal District of this State, for two months next preceding the time of holding the next General Election.

Section 3.
Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection by the electors of this State at the next General Election to be held after the publication as provided for in the second section of this resolution, in the several election districts of this State, at which election every person shall be qualified to vote who is qualified to vote fer 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 the amendment to Paragraph IV of Section IX of Article VII of the Constitution, to provide for the appropriation of funds for highway' purposes."
And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words:
"Against the ratification of the amendment to Paragraph IV of Section IX of Article VII of the Constitution, to provide for the appropriation of funds for highway purposes."
If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like. manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

Section 4.
That any and all provisions of law and parts of laws, in conflict herewith be, and the same are hereby repealed.
Mr. Ray of Warren moved the previous question.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
The roll call was ordered and the vote was as follows:

900

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of Richmond Bennett Best Biggers Birdsong Black Boggus Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary
Claxton Clay Coffin Covington Cranford Dally De en Dews Dicus Dorsey Duncan Durham Edenfield Fears Flynt
Freeman

Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston lvey Jackson Jessup Johnson of Hall Johnston Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King
Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken
McGee McKelvey

Mangum Matthews Mishoe Mull Murphy
Murr Musgrove Nelson Neville Newman Otwell Overby Owens Page Parker Peacock Pickard Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Rogers Rollins Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk
Twitty Ursrey

THURSDAY, FEBRUARY 15, 1951

901

Vandiver Vickers Waldrop Walker of Telfair Weems

Wheeler White Whitworth Wiggins
Wilkes

Williams of Cobb Williams of Houston Willingham Willis Wright

Those voting in the negative were Messrs.:

Bell of DeKalb Bentley Durden

McWhorter Mackay Nightingale

Wood

Those not voting were Messrs. : Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker:

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

On the adoption of the resolution, the ayes were 177, nays 7.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

Honorable George Smith of Emanuel, Speaker Pro Tempore of the House, was presiding at the time of the roll call and therefore could not vote on the adoption of the amendment No. 9.

Mr. Wooten of Randolph requested that the Journal show that he voted for the adoption of SR 5, and for agreeing to the Senate amendment No. 9, to HB 263, the Appropriation Bill.

Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:

SB 33. By Senators Carlisle of the 7th, Gould of the 4th, Wilson of the 23rd, Drinkard of the 29th and others:
A bill to be entitled an Act to creat the State Office Building Authority, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 4. By Senators Carlisle of the 7th, Rawls of the lOth, Holloway of the 13th, and others:
A bill to be entitled an Act to provide for Georgia men and women in the Military Services of the United States to participate in elections and primaries, and for other purposes.
The report 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.

902

JOURNAL OF THE HOUSE,

SB 81. By Senators Stephens of the 50th, Ellard of the 31st and Trotter of the 37th:
A bill to be entitled an Act to provide that it shall be the duty of the Secretary of State to prepare and furnish to each member of the General Assembly a commission, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 53. By Senators Hagan of the 17th, Mallory of the 25th and others:
A bill to be entitled an Act recognizing alcoholism as an illness and public health problem, and for other purposes.
The report 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 41. By Senators Hargreaves of the 5th, Connell of the 6th and others:
A bill to be entitled an Act to amend an Act relating to the continuance of business of a deceased by an administrator, and for other purposes.
The report 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.

SB 82. By Senator Coleman of the 18th:
A bill to be entitled an Act to provide an additional Judge to preside regularly in the Superior Court of the Augusta Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 139. By Senator Willingham of the 39th:
A bill to be entitled an Act to authorize the Director of State Parks, of the Department of Natural Resources to sublease any property which the State has leased from the U. S. Government to an agency or department thereof, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 15, 1951

903

On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 49. By Senator Trotter of the 37th, Farrar of the 42nd and Ellard of the 31st:
A bill to be entitled an Act to repeal an Act which provides for the punishment for one found guilty of the offense of involuntary manslaughter, and for other purposes.

The following amendments to SB 49, were adopted:
Mr. H. Smith moves to amend SB 49 by adding the following:
"Provided, however, that any person accused of the commission of involuntary manslaughter prior to the effective date of this act shall, if convicted, be punished under the provisions of Section 26-1010 of the Code prior to its repeal."
Messrs. Smith of Carroll, Murr of Sumter, Freeman of Monroe, Burgamy of Sumter, and Coffin of Schley move to amend SB 49 by striking the figure "20" wherever it appears and inserting in lieu thereof the figure "5."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 109, nays 17.
The bill, having received the requisite constitutional majority, was passed, as amended.
SB 62. By Senators Willingham of the 39th, Pittman of the 53rd and Hawes of the 30th:
A bill to be entitled an Act to repeal an Act relating to the retirement of members of the State Board of Workmen's Compensation Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.
Mr. McCracken of Jefferson moved that SB 27 be taken from the table and the motion prevailed.
The bill was taken from the table.

The following bill of the Senate was again taken up for consideration:

SB 27. By Senator Williams of the 19th:
A bill to be entitled an Act to require insurance companies and fraternal benefit societies to run from and including July 1 to and including the next following June 30, instead of from January 1, as at present, and for other purposes.

904

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 7.
The bill, having received the requisite constitutional majority, was passed.

Under the regular order of business, the following resolutions of the House and Senate were taken up for consideration and read the third time:
SR 9. By Senator Grayson of the 1st:
A RESOLUTION
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6001 so as to authorize the County of Chatham to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Laws of Georgia; for the purpose of the establishment and the construction of an additional new road to Savannah Beach, Tybee Island, Georgia; to provide that all funds from such additional bonded indebtedness shall be used exclusively for the purposes aforesaid; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest of said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuance, and other details incident to the issue and sale of said bonds; to provide for validation; to provide for submission of the amendment for ratification by the people and for other purposes.
Section 1.
"BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, paragraph 1 of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6001, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph to be appropriately numbered and worded as follows; to-wit: "And except that the County of Chatham in addition to the bonded indebtedness heretofore authorized by the Constitution and Laws of Georgia, may issue serial bonds not to exceed One Million Dollars ($1,000,000.00) for the purpose of expending the same or any part thereof for the establishment and the construction of an additional new road to Savannah Beach, Tybee Island, Georgia, along the old right-of-way of the Central of Georgia Railway Company or at some other location which in the judgment of the County Commissioners they may deem best suited for the purpose. It being the intent of this amendment that the proceeds of said issue of bonds shall be used by the County Commissioners to supplement in such amounts as may be necessary, the proceeds derived from the issue of any revenue certificates which may be issued in the event the County Commissioners should determine to make said road a toll road. The Board of County Commissioners and Ex-officio Judges of Chatham County shall provide for the assessment and collection of

THURSDAY, FEBRUARY 15, 1951

905

an annual tax sufficient in amount to pay the principal and interest of said serial bonds as they become due. Said serial bonds when issued shall mature in twenty annual equal amounts beginning ten years from the date of issuance and maturing each year thereafter for a period of twenty years. Said serial bonds shall be issued and validated when authorized by a resolution adopted by the affirmative vote of a majority of the membership of the Board of County Commissioners and Ex-officio Judges of Chatham County who are also authorized by a majority vote to fix the rate of interest of said bonds, the date of issuance and all other details incident to the issue and sale of said
bonds."

Section 2.
"BE IT FURTHER ENACTED by the authority aforesaid that when said amendment shall be agreed to by a two-third 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 ayes' 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 at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election, to which members of the General Assembly are elected 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 ballot the words 'For ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the County of Chatham to issue serial bonds for the purpose of the establishment and the construction of an additional new road to Savannah Beach, Tybee Island, Georgia,' and all persons opposed to the adoption of said amendment shall have written or printed on their ballot, 'Against ratification of the amen<fment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the County of Chatham to issue serial bonds for the purpose of the establishment and the construction of an additional new road to Savannah Beach, Tybee Island, Georgia,' and 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 Chatham 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 Artic'e 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, and the Governor shall issue a 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.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson

Alverson Aycock Ball Barber of Colquitt Barber of Jackson

Bargeron Barrett Battles Baughman Beasley

906

JOURNAL OF THE HOUSE,

Bell of DeKalb Bell of Richmond Bennett Best Biggers Birdsong Black Boggus Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay Coffin Cornelius Covington Cranford Dally De en Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary
Gillis Gowen
Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale

Ha:l of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston Ivey Jackson Jessup Johnson of Hall Johnston Jolly
Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King
Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancoclr Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page Parker

Peacock Pickard Pittard Ramsey Raulerson Ray Register Risner Robertson pf Coweta Rogers Rollins Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Willis Wood Wright

THURSDAY, FEBRUARY 15, 1951

907

Those not voting were Messrs.: Bentley, Bolton, Coogle, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker:
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 184, nays 0.
The resolution, having received the requisite two-thirds consttiutional majority, was adopted.

SR 10. By Senator Grayson of the 1st:
A RESOLUTION
A resolution pr<>posing to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6001 so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Laws of Georgia; for the purpose of improving, expanding, enlarging, repairing and modernizing the storm and sanitary sewerage system of the City of Savannah; to provide that all funds from such additional bonded indebtedness shall be used exclusively for the purposes aforesaid; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest of said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuance, and other details incident to the issue and sale of said bonds; to provide for validation; to provide for submission of the amendment for ratification by the people and for other purposes.

Section 1.
BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1 of the Constituti<>n of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6001, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph to be appropriately numbered and worded as follows, to-wit: 'And except that the City of Savannah in addition to the bonded indebtedness heretofore authorized by the constitution and laws of Georgia, may issue serial bonds not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) for the purpose of improving, expanding, enlarging, repairing, and modernizing the storm and sanitary sewerage system of the City of Savannah, said bonds in the amount above stated or in any lesser amount which the Mayor and Aldermen of the City of Savannah may determine as being sufficient, shall be used exclusively for the purposes set forth above. The Mayor and Aldermen shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of the said serial bonds as they become due. Said serial bonds when issued shall mature in twenty annual equal amounts beginning ten years from the date of issuance and maturing each year thereafter for a period of twenty years. Said serial bonds shall be

908

JOURNAL OF THE HOUSE,

issued and validated when authorized by a resolution adopted by the affirmative vote of a majority of the membership of the Board of Aldermen of the City of Savannah who are also authorized by a majority vote to fix the rate of interest of said bonds, the date of issuance and all other details incident to the issue and sale of said bonds."

Section 2.
"BE IT FURTHER ENACTED by the authority aforesaid that when said amendment shall be agreed to by a two-third 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 'ayes' 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 ne\vspapers at Savannah, Georgia, in the County of Chatham, for two months prior to the time of holding the next general election, to which members of the General Assembly are elected 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 be written or printed on their ballot the words 'for ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the City of Savannah to issue serial bonds for the purpose of improving, expanding, enlarging, repairing, and modernizing the storm and sanitary sewerage system of the City of Savannah,' and all persons opposed to the adoption of said amendment shall have written or printed on their ballot, 'Against ratification of the amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Savannah to issue serial bonds for the purpose of improving, expanding, enlarging, repairing, and modernizing the storm and sanitary sewerage system of the City of Savannah; and 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 Chatham County, shall note for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembly, and said amendment shall become a part of Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, and the Governor shall issue a 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.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt

Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett

Bentley Best Biggers Birdsong Black Boggus Boone Brannen Brantley

THURSDAY, FEBRUARY 15, 1951

909

Brazeal Britton Brooks Burgamy Burkett Byrd
Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay Coffin Covington Cranford Dally De en Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin

Hilton Hood Hopkins Huddleston lvey Jackson Jessup
Johnson of Hall Johnston Jolly Jones of Bartow J on~s of Lumpkin Jordan Kelley Kemp Key Kidd King Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page
Parker Peacock Pickard Pittard Ramsey

Raulerson Ray Register Risner Robertson of Cowet; Rogers Rollins Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham
Willis Wood Wright

Those not voting were Messrs. : Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of

910

JOURNAL OF THE HOUSE,

Dawson, Rowland, Smith of Emanuel, Walker of Crawfcrd, Warren, Wilkinson, Wooten, and Mr. Speaker.

By ur.animous consent, the verification of the ro!l call was dispensed with.
On the adoption of the resolution, the ayes were 184, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 11. By Senator Grayson of the 1st:

A RESOLUTION
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article 7, Section 7, Paragraph 1, of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6001 so as to authorize the City of Savannah to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Laws of Georgia for the purpose of contributing to the establishment and construction and maintenance of a new hospital for the promotion of the health of the people of Savannah; to provide that all funds from wch additional bonded indebtedness shall be used exclusively for the purposes afore:;-aid; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest of said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuance, and other details incident to the issue and sale of said bonds; to provide for validation; to provide for submission of the amendment for ratification by the people and for other purposes.

Section 1.
BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georg'a incorporated in the Code of Georgia of 1933 as Section 2-6001, which has heretcfore been amended, shall be further amended by adding at the end thereof a new paragraph to be appropriately numbered and worded as follows, to-wit: "And except that the City of Savannah in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue serial bonds not to exceed Five Hundred Thousand Dollars ($500,000.00) for the purpose of contributing to the establishment and construction and maintenance of a new hospital for the promotion of the health of the people of Savannah, said bonds in the amount above stated or in any lesser amount which the Mayor and Aldermen may determine as being sufficient, shall be used exclusively for the purposes set forth above. The Mayor and Aldermen shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said serial bonds as they become due. Said serial bonds when issued shall mature in twenty annual equal amounts beginning ten years from the date of issuance and maturing each year thereafter for a period of twenty years. Said serial bonds shall be issued and validated when authorized by a resolution adopted by the affirmative vote of a majority of the membership of the Board of Aldermen of

THURSDAY, FEBRUARY 15, 1951

911

the City of Savannah who are also authorized by a majority vote to fix the rate of interest of said bonds, the date of issuance and all other details incident to the issue and sale of bonds."

Section 2.

Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by a two-third vote of the members e'ected to each of the two Houses of the General Assembly, said amendment shall be entered on their journals with the "ayes" 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 at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general election, to which members of the General Assembly are e:ected 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 ballot the words "for ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the City of Savannah to issue serial bonds for the purpose of contributing to the establishment and construction and maintenance of a new hospital for the promotion of the health of the people of Savannah," and all persons opposed to the adoption of said amendment shall have written on their ballot:

"Against ratification of the amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Savannah to issue serial bonds for the purpose of contributing to the establishment and construction and maintenance of a new hospital for the promotion of the health of the people of Savannah," and 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 Chatham County, shall vote for ratification thereof, when the returns shall be consolidated as required by law in elections for members of the General Assembiy, the said amendment shall become a part of Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof.

The report of the Committee, which was favorable to the adoption of the rcRolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote \"'as as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson

Bargeron Barrett Battles Baughman Beasley Bell of DeKalb
Bell of Richmond Bennett Bentley Best

Biggers Birdsong Black Boggus Boone Brannen Brantley Brazeal Britton Brooks

912

JOURNAL OF THE HOUSE,

Burgamy

Hopkins

Ray

Burkett

Huddleston

Register

Byrd

lvey

Risner

Callier

Jackson

Robertson of Coweta

Campbell of Oconee

Jessup

Rogers

Campbell of Walker

Johnson of Hall

Rollins

Carr

Johnston

ScQtt

Cates

Jolly

Scoggin

Clark

Jones of Bartow

Sheffield

Clary

Jones of Lumpkin

Short

Claxton

Jordan

Simmons

Clay

Kelley

Sivell

Coffin

Kemp

Smiley

Covington

Key

Smith of Bryan

Cranford

Kidd

Smith of Carroll

Dally

King

M. M. Smith of Fulton

Deen

Kitchens

Hoke Smith of Fulton

Dews

Knight

Stephens of Towns

Dicus

Lam

Stevens of Marion

Dorsey

Langdale

Stewart

Duncan

Lanier

Stocks

Durden

Lavender

Sumner

Durham

Lewis of Greene

Tamplin

Edenfield

Lewis of Hancock

Tarbutton

Fears

Little

Tarpley

Flynt

Lovett

Terry

Freeman

McCracken

Tillman

Gardner

McGee

Tippens

Garrard

McKelvey

Todd

Gary

Me Whorter

Trapnell

Gillis

Mackay

Tumlin

Gowen

Mangum

Turk

Graham

Matthews

Twitty

Green of Cherokee

Mishoe

Ursrey

Green of Irwin

Mull

Vandiver

Green of Rabun

Murphy

Vickers

Greene of Crisp

Murr

Waldrop

Griffith

Musgrove

Walker Qf Telfair

Groover

Nelson

Weems

Guthrie

Neville

Wheeler

Hadden

Newman

White

H'.lle

Nightingale

Whitworth

Hall of Floyd

Otwell

Wiggins

Hail of Toombs

Overby

Wilkes

Harper

Owens

Williams of Cobb

Harrell

Page

Williams of Houston

Harris

Parker

Willingham

Hawkins

Peacock

Willis

Henderson

Pickard

Wood

Herrin

Pittard

Wright

Hilton

Ramsey

Hood

Raulerson

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton,

Greer, Holley, HQllis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of

Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson,

Wooten, and Mr. Speaker.

THURSDAY, FEBRUARY 15, 1951

913

By unanimous consent the verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 184, nays 0.
The resolution, having received the requisite two-thirds constitutional majolity, was adopted.

::OR 12. By Senator Grayson of the 1st:

A RESOLUTION
A resolution proposing to the qua-ified voters of the State of Georgia an amendment to Article 7, Srction 7, Paragraph 1, of the Constitution of the State of Georgia incorporated in the Code of Georgia 1933 as Section 2-6001 so as to authorize the City cf Savannah to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Laws of Georgia; for the purpose of laying out grading, paving, repaving, resurfacing and repairing streets and sidewalks within the corporate limits of the City of Savannah; to provide that all funds from such additional bonded indebtedness shall be used exclusively for the purposes aforesaid; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest cf said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuance, and other detai1s incident to the issue and sale of said bonds; to provide for validation; to provide for submission of the amendment for ratification by the people and fer other purposes.

Section 1.
"Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6001, which has heretofore been amended, shall be further amended by adding at the end thereof a new paragraph to be appropriately numbered and worded as follows, to-wit: 'And except that the City of Savannah in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue serial bonds not in excess of the aggregate sum of Three Million ($3,000,000.00) Dollars, for the purpose of laying out grading, paving, repaving, resurfacing and repairing streets and sidewalks within the corporate limits of the City of Savannah, said bonds in the amount above stated or in any lesser amount which the Mayor and Aldermen may determine as being sufficient, shall be used exclusively for the purposes set forth above. The Mayor and Aldermen Ehall provide for the assessment and collection of an annual tax suffic:ent in amount to pay the principal and interest of said serial bonds as they become due. Said serial bonds when issued shall mature in twenty annual equal amounts beginning ten years from the date of issuance and maturing each year thereafter for a period of twenty years. Said serial bonds shall be issued and validated when authorized by a resolution adopted by the affirmative vote of a majority of the membership of the Board of Aldermen of the City of Savannah who are also authorized by a majority vote to fix the rate of intere~t of said bonds, the date of issuance and all other details incident to the issue and sale of said bonds."

914

JOURNAL OF THE HOUSE,

Section 2.
"Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by a two-third 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 'ayes' 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 at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding U1e next general election, to which members of the General Assembly are elected 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 be written or printed on their ballot the words 'for ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the City of Savannah to issue serial bonds to laying out, grading, paving, repaving, resurfacing and repairing streets and sidewalks within the corporate limits of the City of Savannah', and all persons opposed to the adoption of said amendment shall be written or printed on their ballot, 'against ratification of the amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the City of Savannah to issue serial bonds to laying out, grading, paving, repaving, resurfacing, and repairing streets and sidewalks within the corporate limits of the City of Savannah,' and 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 Chatham 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 7, Paragraph 1 of the Constitution of the State of Georgia, and the Governor shall issue a 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.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb

Bell of Richmon-' Bennett Bentley Best Biggers Birdsong Black Boggus Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett

Byrd Callier
Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay Coffin Covington Cranford Dally De en
Dews

THURSDAY, FEBRUARY 15, 1951

915

Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston lvey Jackson Jessup Johnson of Hall
Johnston Jolly Jones of Bartow Jones of Lupmkin Jordan Kelley

Kemp
Key Kidd King Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull Murphy
Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page Parker Peacock Pickard Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Rogers Rollins

Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry
Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrt!y Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Willis Wood Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

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

On the adoption of the resolution, the ayes were 184, nays 0.

916

JOURNAL OF THE HOUSE,

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 13. By Senator Grayson of the 1st:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment of Article 5 of the Constitution of the State of Georgia to be known as Section 7, Paragraph 2 of Article 5, creating the Savannah District Authority as a Constitutional Authority, providing for the appointment, eligibility, tenure, officers, compensation, and quorum, conferring on the General Assembly the authority to prescribe by law additional powers and duties for said Authority; providing for the submission of said amendment for ratification by the people, and for other purposes.

Section 1.
BE IT RESOLVED by the General Assembly of the State of Georgia that Article 5 of the Constitution of the State of Georgia be amended by adding a new section and paragraph to be known as Section 7, Paragraph 2 which shall read as follows:
"ARTICLE 5, SECTION 7, PARAGRAPH 2. There is hereby created a body corporate and politic to be known as the "Savannah District Authority" which shall be deemed to be an instrumentality of the State of Georgia and a pubiic corporation, its scope and jurisdiction to be limited to the territory embraced by Chatham County and the City of Savannah.
The Authority shall consist of ten members who shall serve for a period of five years and who shall be eligible for reappointment. Said Authority shall elect a chairman, and a vice-chairman and a secretarytreasurer. The secretary-treasurer shall not be required to be a member of the Authority. Said members shall be appointed as provided by law and shall have such powers and duties as may be prescribed by the General Assembly and shall receive such additional powers as may be delegated to said Authority by the County of Chatham or the City of Savannah.
All lands the title to which is vested in said Authority, and the improvements thereon, shall be exempt from state and local taxation.
Said Authority is created for the purpose of developing industrial growth and expansion and for the purpose of making long range plans for the co-ordination of commerce, industry and traffic within its territorial limits and shall not be empowered or authorized in any manner to create a debt as against the State of Georgia, the County of Chatham or the City of Savannah, and shall only exercise such powers as the General Assembly may from time to time confer. Said Authority is created for the purpose of promoting for the public good industrial growth and expansion and planning as aforesaid without profit and any funds realized by said Authority shall be continually and constantly expended for the development of industry and commerce and long range planning of traffic and facilities for the purpose

THURSDAY, FEBRUARY 15, 1951

917

of co-ordinating the same as set forth in the Act of the General Assembly creating said Authority."

Section 2.
BE IT RESOLVED by the Authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) 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 "ayes" and "nays" taken thereon, and shall, by the Governor, be published in one or more newspapers in each Congressional District of the State of Georgia and in one or more nE.'wspapers in the County of Chatham for two months previous to the time of holding the next general election at which members of the General Assembly are elected 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 the ballot the words, "For ratification of amendment to Article 5 of the Constitution of Georgia creating the 'Savannah District Authority'," and all persons opposed to the adoption of said amendment shall have written on the ballot the words, "Against ratification of amendment to Article 5 of the Constitution of Georgia creating the 'Savannah District Authority'."
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 Chatham County, and also a majority of said electors voting thereon in the City of Savannah, 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 5 of. the Constitution of the State of Georgia, to be known as Section 7, Paragraph 2 of Article 5 of the Constitution of the State of Georgia, and the Governor shall issue a 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.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman

Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus
Boone Brannen Brantley Brazeal

Britton Brooks Burgamy
Burkett Byrd
Callier Campbell of Oconee Campbell of Walker Carr
Cates Clark Clary Claxton Clay

918

JOURNAL OF THE HOUSE,

Coffin Covington Cranford Dally De en Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston
Ivey
Jackson
Jessup
Johnson of Hall
Johnston

Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens
Page
Parker
Peacock
Pickard
Pittard
Ramsey
Raulerson
Ray
Register

Risner Robertson of Coweta Rogers Rollins Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes
Williams of Cobb Williams of Houston Willingham Willis Wood
Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton,
Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

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

On the adoption of the Resolution, the ayes were 184, nays 0.

THURSDAY, FEBRUARY 15, 1951

919

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 20. By Senator Grayson of the 1st:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an Amendment to Article 7, Section 7, Paragraph 1, of the Constitution - of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6001 so as to authorize the County of Chatham to incur a bonded indebtedness in addition to that heretofore authorized by the Constitution and Laws of Georgia; for the purpose of contributing to the establishment and construction and maintenance of a new hospital for the promotion of the health of the people of Savannah; to provide that all funds from such ad.ditional bonded indebtedness shall be used exclusively for the purposes aforesaid; to authorize the assessment and collection of an annual tax sufficient to pay principal and interest of said bonds as they become due; to authorize the fixing of the rate of interest, the date of issuance, and other details incident to the issue and sale of said bonds; to provide for validation; to provide for submission of the amendment for ratification by the people and for other purposes.
Section 1. "Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article 7, Section 7, Paragraph 1 of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6001,
1' ::~~:g ha~s t~:r:!~f~~~r~::: ~:;n:::~~:;~ t~eb!u:~~~~P:::~;e~u~
bered and worded as follows, to-wit: "And except that the County of Chatham in addition to the bonded indebtedness heretofore authorized by the Constitution and laws of Georgia, may issue serial bonds not to exceed Five Hundred Thousand Dollars ($500,000.00) for the purpose of contributing to the establishment and construction and maintenance of a new hospital for the promotion of the health of the people of Chatham County, said bonds in the amount above stated or in any lesser amount which the Board of County Commissioners and Exofficio Judges of Chatham County may determine, as being sufficient, shall be used exclusively for the purposes set forth above. The Board of County Commissioners and Ex-officio Judges of' Chatham County shall provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said serial bonds as they become due. Said serial bonds when issued shall mature in twenty annual equal amounts beginning ten years from the date of issuance and maturing each year thereafter for a period of twenty yeats. Said serial bonds shall be issued and validated when authorized by a resolution adopted by the affirmative vote of a majority of the membership of the Board of County Commissioners and Ex-officio Judges of Chatham County who are also authorized by a majority vote to fix the rate of interest of said bonds, the date of issuance and all other details incident to the same and sale of said bonds."
Section II. "Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses of the General Assembly, said amendment shall be entered on their journals with the

920

JOURNAL OF THE HOUSE,

'ayes' and 'nays' taken thereon, and shall, by the Governor, be published in one or more newspaper in each congressional district and in one or more newspapers at Savannah, Georgia, in the County of Chatham, for two months previous to the time of holding the next general
election, to which members of the General Assembly are elected 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 ballot the words 'For ratification of amendment to Article 7, Section 7, Paragraph 1 of the Constitution authorizing the County of Chatham to issue serial bonds for the purpose of contributing to the establishment and construction and maintenance of a new hospital for the promotion of the health of the people of Chatham County,' and all persons opposed to the adoption of said amendment shall have written or printed on their ballot, 'Against ratification of the amendment to Article 7, Section 7, Paragraph 1, of the Constitution authorizing the County of Chatham to issue serial bonds for the purpose of contributing to the estsablishment and construction and maintenance of a new hospital for the promotion of the health of the people of Chatham County," and 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 Chatham 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 7, Paragraph 1 of the Constitution of the State of Georgia, and the Governor shall issue a 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.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers

Birdsong Black Boggus Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay

Coffin Covington Cranford Dally De en Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham

THURSDA'Y, FEBRUARY 15, 1951

921

Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie
Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins
Henderson Herrin Hilton Hood Hopkins Huddleston Ivey
Jackson Jessup
Johnson of Hall Johnston Jolly
Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King
Kitchens Knight Lam Langdale Lanier Lavender

Lewis of Greene
Lewis of Hancock Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum
Matthews Mishoe Mull Murphy
Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page Parker Peacock Pickard Pittard Ramsey
Raulerson Ray Register Risner
Robertson of Coweta Rogers Rollins Scott Scoggin
Sheffield Short Simmons

Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton
Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry
Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White
Whitworth Wiggins
Wilkes Williams of Cobb Williams of Houston Willingham
Willis Wood Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.
By unanimous consent, the verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 184, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 32. By Senator Hargreaves of the 5th:

A RESOLUTION Proposing to the qualified voters of Georgia an amendment to

922

JOURNAL OF THE HOUSE,

Article VII of the Constitution of Georgia so as to authorize the County of Atkinson to refund its indebtedness and to authorize the governing authorities of the County of Atkinson without a vote of the people, to authorize the issuance of refunding bonds to meet the present or any future indebtedness whether for bonds or otherwise that may be incurred; to provide for advertising and submission; and fer other related purposes.

Section 1.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
That Article VII, Section VII, Paragraph I of the Constitution of Georgia be and the same is hereby amended by adding thereto a new paragraph to read as follows: "And except that the County of Atkinson be and the same is hereby authorized and empowered to issue refunding bonds to be issued by the proper authorities of the county without a vote of the people to meet the present and any future indebtedness that may be incurred."

Section 2.
When this amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses and shall have been entered on their journals with the "Yeas" and "Nays" taken thereon, the Governor is hereby directed to have this proposal published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election at which proposed amendments to the Constitution of this State may be voted on, and shall at said election be submitted to the people for ratification or rejection. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution shall have written or printed on their ballots the words, "For ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, so as to authorize Atkinson County to issue Refunding Bonds," and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "against ratification of amendment to Article VII, Section VII, Paragraph I, of the Constitution, so as to authorize Atkinson County to issue Refunding Bonds." And if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for ratification thereof as provided by law, when the result shall be consolidated as now required by law in elections for members of the General Assembly, then said amendment shall become a part of Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia, and the Governor shall make proclamation therefor as provided by law.

Section 3.
That all laws and parts of laws in conflict herewith be and the same are hereby repealed.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 15, 1951

923

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus
Boone Brannen Brantley Brazeal Britton Brooks Burgamy
Burkett Byrd Callier
Campbell of Oconee Campbell of Walker Carr Cates Clark Clary
Claxton Clay Coffin Covington Cranford Dally
De en Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears

Flynt Freeman Gardner Garrard Gary
Gillis Gowen Graham Green of CherokeP Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd
Hall of Toombs Harper
Harrell Harris Hawkins Henderson Herrin
Hilton Hood Hopkins
Huddleston Ivey
Jackson Jessup
Johnson of Hall Johnston Jolly
Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key
Kidd King
Kitchens Knight Lam
Langdale Lanier
Lavender Lewis of Greene
Lewis of Hancock Little Lovett McCracken McGee

McKelvey McWhorter Mackay Mangum
Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page Parker Peacock Pickard Pittard Ramsey Raulerson Ray Register Risner
Robertson of Coweta Rogers
Rollins Scott Scoggin Sheffield
Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton
Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin
Tarbutton Tarpley
Terry
Tillman Tippens Todd Trapnell Tumlin

924

JOURNAL OF THE HOUSE,

Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair

Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb

Williams of Houston Willingham Willis Wood Wright

Those not voting were Messrs. : Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

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

On the adoption of the resolution, the ayes were 184, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 36. By Senator Millican of the 52nd:
A RESOLUTION AUTHORIZING AMENDMENT TO ARTICLE XI OF THE CONSTITUTION OF THE STATE OF GEORGIA OF 1945.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA and it is hereby resolved by authority of the same, as follows:

Section 1.
That Article XI of the Constitution of the State of Georgia of 1945, as amended, be further amended by adding at the end thereof the following provisions:
"Paragraph 1. The General Assembly of Georgia shall have authority to determine and prescribe by general, local or special laws all the powers, responsibilities and limitations of Fulton County and the Commissioners of Roads and Revenues or other governing authority thereof both in the incorporated and unincorporated areas within its boundaries and throughout the City of Atlanta located in Fulton County, in respect to health and sanitation, and outside of the unincorporated areas within its boundaries in respect to police protection, fire protection and prevention, parks and recreational facilities, garbage and refuse collection and disposal, sewerage and drainage systems, water distribution systems, county streets and roads and other public works, the regulation and inspection of buildings, electrical installations, plumbing and other construction, airports, libraries, and the regulation of traffic. Without limiting the power granted above, the General Assembly is authorized to:
"(a) District said County or authorize the Commissioners of Roads and Revenues or other governing authority thereof to do so, without regard to uniformity of area or population, for the purpose of providing any of such services;
"(b) Empower the Commissioners of Roads and Revenues of said County to levy taxes or assessments, or both, on property or property owners to defray all or part of the cost of such services;

THURSDAY, FEBRUARY 15, 1951

925

" (c) Provide that any of such services except county streets and roads and other public works shall be rendered by said County only through one or more municipalities lying wholly or partially in said County, in which event the General Assembly shall require one or more of such municipalities to supply such services on a cost basis at the request of the Commissioners of Roads and Revenues; and the municipalities in said County are hereby empowered to supply any of such services, inside or outside their corporate limits, any provision of their charters to the contrary notwithstanding;
"(d) Provide that the laws, ordinances, rules and regulations in force then or in the future in the City of Atlanta in respect to any function or service mentioned in this paragraph shall apply to all or any portion of the unincorporated area of said Co,unty, and that the violation thereof in such unincorporated area may be punished as for a misdemeanor and all fines collected therefor shall be paid to the City of Atlanta, and
" (e) Provide that said County shall have the duty or authority to perform functions and render services relating to public health and sanitation throughout the City of Atlanta located in Fulton County; that the rules, regulations and orders relating to public health and sanitation in said County shall apply with the same force and effect in the City of Atlanta located in Fulton County or any part thereof in Fulton County; and that the violation of any such rule, regulation or order may be punished as for a misdemeanor and the fines collected for offenses committed in the City of Atlanta shall be paid to the City of Atlanta.
"Paragraph II. All of such powers may be exercised by the General Assembly without regard to uniformity and without being limited or restricted by any existing provision of or amendment to this Constitution or any general or special law heretofore enacted.
"Paragraph III. Fulton County, or the Commissioners of Roads and Revenues or other governing authority thereof, shall not render any of the services or perform any of the functions mentioned in Paragraph I of this Section, except health and sanitation, inside any incorporated area within its boundaries.
"Paragraph IV. The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1951. Any Act passed after January 1, 1951, germane to the subject matter of this amendment, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter, and the General Assembly is empowered, but not directed, to exercise such authority by one law pertaining to all or any one or more of said services, which law may be passed prior to the submission of this amendment to the people."

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 of the General Assembly, with the "ayes" and "nays" entered thereon, it shall be published as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for

926

JOURNAL OF THE HOUSE,

ratification or rejection at the next general election at which constitutional amendments may be voted on. All persons voting at said election s}lall have written or printed on their ballots the words, "For ratification of the amendment to Article XI of the Constitution of Georgia of 1945 enlarging the power of the General Assembly in respect to functions and services rendered by Fulton County and dea"ing with related matters," and the words, "Against ratification of the amendment to Article XI of the Constitution of Georgia of 1945 enlarging the power of the General Assembly in respect to functions the services rendered by Fulton County and dealing with related matters." Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, Fulton County and the City of Atlanta, it shall become a part of Article XI of the Constitution of Georgia of 1945.
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.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson
Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron
Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond
Bennett Bentley Best Biggers Birdsong Black Boggus
Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee

Campbell of Walker Carr Cates Clark Clary Claxton Clay Goffin Covington Cranford Dally De e n Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith
Groover Guthrie

Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston Ivey Jackson Jessup Johnson of Hall Johnston Joily Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene

THURSDAY, FEBRUARY 15, 1951

927

Lewis of Hancock Little Lovett McCracken MeGee McKelvey
McWhorter Mackay Mangum
Matthews Mishoe Mull Murphy
Murr Musgrove Nelson Neville Newman Nightingale
Otwell Overby Owens Page
Parker Peacock Pickard Pittard

Ramsey Raulerson Ray Register Risner Robertson of Coweta Rogers
Rollins Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin
Tarbutton Tarpley

Terry
Tillman Tippens
Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham
Willis Wood Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker:

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

On the adoption of the resolution, the ayes were 184, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 37. By Senator Millican of the 52nd:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA as follows:

Section 1.
Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945, is hereby amended, effective January 1, 1953, by adding thereto the following words:
"On account of the liability of property brought inside its

928

JOURNAL OF THE HOUSE,

corporate limits as the result of any past or future annexation for
the principal and interest on the bonded indebtedness of the Fulton County School District, outstanding at the time of such annexation, the City of Atlanta shall assume that proportion of said School District's bonded indebtedness created prior to the year 1952 and outstanding on January 1, 1953, or on the effective date of any annexation thereafter, as the value of property in the annexed area, subject to taxation for the payment of such indebtedness, bears to the total value cf such property in said School District immediate~y prior to each such annexation or extension; provided, however, that for the purpose of computing the amount of the liability of the City of Atlanta on account of any such annexation the amount theretofore assumed by said City on account of any previous annexation shall be excluded from the principal of and interest on said School District's bonded indebtedness; and provided further that nothing herein contained shall be construed as affecting the rights of any holder of Fulton County School District bonds. The amount to be paid to the said School District shall be determined annually and included in the City of Atlanta's annual budget, and necessary taxes levied and collected at a uniform rate throughout the entire area of said City as extended shall include taxes for the aforementioned purpose. The amounts required to meet the City's said liabilities to the Fulton County School District shall be paid to the Fulton County Board of Education on or before December 31 in each year during which any bonds of the said School District, payments on account of which are required under the provisions hereof, remain outstanding. As long as the City of Atlanta shall promptly make said payments on account of its said proportion of the principal and interest of said bonded indebtedness, no taxes shall be levied or collected on behalf of said School District, as required by Article VII, Section VII, Paragraph II of this Constitution, on the property in such annexed area to pay the principal and interest on such indebtedness. Nor shall any indebtedness of said School District, payments on account of which are required to be made by the City of Atlanta in the manner provided herein, be considered as a debt of said School District for the purpose of determining the maximum debt it is authorized by this Article to incur. As to any such bonds issued by said School District after January 1, 1951 the said School District shall pay over to the City of Atlanta, from the proceeds of said bonds, an amount when added to the amount spent from said bonds in the annexed area will equal the amount of such bonds assumed by the City of Atlanta under the terms of this amendment."

Section 2.
The amendment added to Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945, published in Georgia Laws of 1950, beginning at page 456, proposed by the General Assembly in 1950 and submitted to the qualified voters of the State of Georgia at the general election held in November, 1950, is hereby repealed, effective December 31, 1952.

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 of the General Assembly, with the "ayes" and "nays" entered thereon,

THURSDAY, FEBRUARY 15, 1951

929

it shall be published as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for ratification or rejection at the next general election at which constitutional amendments may be voted on. All persons voting at said election shall have written or printed on their ballots the words, "For ratification of the amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945, requiring the City of Atlanta, on account of extensions of its corporate limits, to pay a proportionate part of the bonded indebtedness of the Fulton County School District and dealing with related matters," and the words, Against ratification of the amendment to Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945, requiring the City of Atlanta, on account of extension of its corporate limits, to pay a proportionate part of the bonded indebtedness of the Fulton County School District and dealing with related matters." Returns shall be made and results declared as required by law. If the said amendment be adopted as required by law by the qualified voters of Georgia, Fulton County and the City of Atlanta, it shall become a part of Article VII, Section VII, Paragraph I of the Constitution of Georgia of 1945.
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.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus Boone Brannen Brantley Brazeal Britton
Brooks

Burgamy
Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay Coffin Covington Cranford Dally De en Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary

Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston Ivey
Jackson Jessup Johnson of Hall Johnston Jolly

930

JOURNAL OF THE HOUSE,

Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King Kitchens Knight Lam Langdale
Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum
Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville

Newman Nightingale Otwell Overby
Owens Page
Parker Peacock Pickard Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Rogers Rollins Scott Scoggin
Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart

Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham .Willis Wood Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton,
Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

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

On the adoption of the resolution, the ayes were 184, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 38. By Senator Millican of the 52nd:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia that Article VII of the Constitution of Georgia be amended by adding thereto a new section to be appropriately numbered, which shall enlarge and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Fulton County, Georgia, by empowering it to provide for fixing the time for making the levies, establishing the number, form and content of tax bills and notices, establishing the time for payment of taxes and other charges, either in installments or in one sum, apportioning

THURSDAY, FEBRUARY 15, 1951

931

tax payments, locating the offices of officials perfcrming duties in connection with the tax and public revenue system, requiring appraisals of taxable property, designating the agency to make the same and the manner of defraying the cost thereof, and prescribing the forms, equipment, devices and machinery to be used in the administration of the tax and pub:ic revenue system in said county, and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1.
That Article VII of the Constitution of Georgia, as it has been heretofore amended, be amended by adding at the end thereof a new section to be appropriately numbered and to read as follows:
"Paragraph I. The General Assembly of Georgia shall have the power, by general, local or special law applicable to Fulton County and the po"itical subdivisions located wholly or in part in Fulton County, and the fiscal authorities thereof, to:
"(a) Prescribe the date or time when the fiscal authorities of such County shall make or fix the levy or ad valorem taxes and the amount of assessments and other charges to be made for any purpose against property or property owners;
"(b) Prescribe the manner in which b:lls or notices covering taxes or assessments or other charges (including those due to the State of Georgia, Fulton County, or any other political subdivision located wholly or in part in Fuiton County, shall be prepared, the number of such bills or notices, and the information to be shown thereon, or to delegate authority to determine such matters;
" (c) Provide when the payment of taxes or assessments or other charges, including those due to the State of Georgia, Fulton County or any other political subdivision located in whole or in part in Fulton County, shall be due, either in installments or in one sum, and when default in such payment shall occur;
" (d) Authorize payments or partial payments of taxes, assessments or other charges, or installments thereof, to be apportioned among the State of Georgia, Fulton County and any other political subdivision of the State in the same proportions that the t~xes, assessments or other charges due each shall bear to the whole bill or bills reserving to the taxpayer the right to direct how money paid by taxpayer shall be applied;
"(e) Require and contract for appraisals or re-appraisals of any or all classes of taxable property therein to be completed and paid for during the same or a subsequent year, to direct how the cost thereof shall be defrayed, whether out of general funds, the proceeds of general or special taxes, or otherwise, and designate the persons or agency to make such appraisals or provide how such persons or agency shall be selected;
"(f) Prescribe the location of the office or offices, without reference to the courthouse, of any tax or fiscal officer whose duties are connected with the tax or public revenue system, any-

932

JOURNAL OF THE HOUSE,

where in said County, or provide how the location of such offices shall be determined; and
"(g) Prescribe or authorize the use of new or improved forms, records, equipment, devices, or other machinery for collecting, computing, maintaining, distributing or otherwise employing information and data connected with the tax or revenue system of such county.

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 of the General Assembly, with the "Ayes" and "Nays" entered thereon, it shall be published as required by law and submitted to the qualified voters of Georgia, Fulton County and the City of Atlanta for ratification or rejection at the next general election at which constitutional amendments may be voted on. All persons voting at said elections shall have written or printed on their ballots the words, "For ratification of the amendment to Article VII of the Constitution of Georgia of 1945 empowering the General Assembly to enact laws consolidating certain tax receiving and collection functions of Fulton County and the City of Atlanta and to revise and improve other details of tax administration in said County and City," and the words "Against ratification of the amendment to Article VII of the Consitution of Georgia of 1945 empowering the General Assembly to enact laws consolidating certain tax receiving and collection functions of Fulton County and the City of Atlanta and to revise and improve other details of tax administration in said County and City." Returns shall be made and results declared as required by law. If the said amendment be adopted as required by Jaw by the qualified voters of Georgia, Fulton County and the City of Atlanta, it shall become a part of Article VII of the Constitution of Georgia of 1945.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ro:l call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs. :

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt
Barber of Jackson
Bargeron Barrett Battles Baughman Beasley Bell of DeKalb

Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus
Boone Brannen
Brantley Brazeal Britton Brooks Burgamy Burkett

Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton
Clay Coffin
Covington Cranford Dally De en Dews

THURSDAY, FEBRUARY 15, 1951

933

Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary
Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston Ivey Jackson Jessup Johnson of Hall Johnston Jolly
Jones of Bartow Jones of Lumpkin Jordan Kelley

Kemp Key Kidd King Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page Parker Peacock Pickard Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Rogers
Rollins

Scott Scoggin
Sheffield Short Simmons Sivell Smiley Smith of B1'Yan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton
Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin
Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell
Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham
Willis Wood Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton,
Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

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

On the adoption of the resolution, the ayes were 184, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

934

JOURNAL OF THE HOUSE,

HR 57-277a. By Mr. Greene of Crisp:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide for the division of Crisp County into school districts; to provide for the election of members of the County Board of Education from such school districts; to provide the terms of office of such members; to provide for the election of the County School Superintendent by the County Board of Education; to prescribe the qualifications of the Superintendent and his term of office; to provide for the submission of this amendment to the qualified voters of Georgia for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMB~Y OiF GEORGIA AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME:

Section 1.
That Article VIII, Section V, Paragraph I of the Constitution of Georgia, which Section relates to County Boards of Education, be hereby amended by adding at the end thereof new language, as follows:
"Within fifteen days from the date of the ratification of this amendment, the Judge of the Superior Court, the Clerk of the Superior Court, the Ordinary and the County School Superintendent of Crisp County shall divide that portion of Crisp County outside the corporate limits of the City of Cordele into three school districts, to be known and designated as School Districts No. 1, No. 2, and No. 3. The geographical limits of such districts may be changed and relaid off from time to time at the discretion of said officers by a majority vote thereof.
"The County Board of Education of Crisp County shall be composed of three members, elected by the people, one from each of the above designated school districts. Any candidate for said office must reside in the school district which he desires to represent and shall be voted upon only by the qualified voters of said district.
"Not less than twenty nor more than thirty days after the date of the ratification of this amendment, the Ordinary of Crisp County shall issue a call for a special election for the purpose of electing said members as herein set out. The date of such election shall be fixed not less than thirty nor more than forty-five days from the date of the call thereof. The date of such election and the purpose thereof shall be published in the official organ of Crisp County at least once before the date of such election.
"One of the said members of the Board elected at such election shall serve for a term of two years; one shall serve for a term of four years; and one shall serve for a term of six years. The designation of such terms shall be decided by a drawing by the three successful candidates, which drawing shall be conducted under the airection and supervision of the Judge of the Superior Court, the Clerk of the Superior Court and the

THURSDAY, FEBRUARY 15, 1951

935

Ordinary of Crisp County. The persons elected at such election shall hold office until their successors shall be elected and qualified. At the expiration of the terms of office as hereinbefore provided for, all terms of office shall be for six years and until a successor is elected and qualified so that the terms of office of the members of said County Board of Education shall remain staggered. Should a vacancy occur on the said Board of Education, the Ordinary of Crisp County shall within fifteen days after the occurrence of such vacancy, call an election to be held not less than fifteen nor mere than thirty days after the date of such call for the purpose of electing a successor to fill the unexpired term of office. Elections for subsequent members of the County Board of Education shall be held on the second Tuesday in December of the year in which the various terms of office of said members expire.
"Should the City of Cordele independent school system cease to exist or the charter providing for such system be surrendered, or the laws providing for such system be repealed or become void, the Crisp County Board of Education shall be composed of six members with three members being elected from the City of Cordele which shall be designated as School District No. 4 of Crisp County. If this amendment to the Constitution is ratified and said independent school system shall have ceased or in the future ceases to exist, the Ordinary of Crisp County shall provide for a special election to elect three members from the City of Cordele, under the same conditions as provided for heretofore for the election of the other three members of said Board. The person receiving the highest number of votes shall serve for a period of six years; the person receiving the next highest number of votes shall serve for a period of four years; and the person receiving the next highest number of votes shall serve for a period of two years. At all elections thereafter their successors shall be elected for a term of six years. The members of said Board elected from the City of Cordele shall be elected so that the term of office of one of the members of said Board from the County outside the corporate limits of the City of Cordele and one of the members of said Board from the City of Cordele shall expire at the same time. Only the qualified voters of the City of Cordele shall vote for the election of the members of said Board from said City. Any candidate for membership on said Board from School District No. 4 must reside within the corporate limits of the City of Cordele.
"The County School Superintendent of Crisp County shall
be elected by a majority vote of the members of the County
Board of Education for a term not to exceed four years and he
shall hold such office until his successor is elected and qualified.
"From and after January 1, 1953, before any person shall
be qualified or eligible to hold office as Crisp County School
Superintendent, he shall have had at least three years of practical
experience in school administration and shall have completed
a minimum of five school years of college and shall have gradu-
ated from an accredited college or university and shall hold the
degree of Master of Arts or an equivalent Master's degree."

936

JOURNAL OF THE HOUSE,

Section 2.

Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding 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 ballot the words:
"For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide that Crisp County shall be divided into school districts and the members of the County Board of Education of Crisp County shall be elected by the qualified voters of said districts and that the County School Superintendent shall be elected by the members of the County Board of Education."
All persons opposing the adoption of said amendment shall have written or printed on their ballots the words:
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide that Crisp County shall be divided into school districts and the members of the County Board of Education of Crisp County shall be elected by the qualified voters of said districts and that the County School Superintendent shall be elected by the members of the County Board of Education."
If the people shall ratify such amendment by a majority of the electors in Crisp County and in the State of Georgia qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

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.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson

Alverson Aycock Ball Barber of Colquitt Barber of Jackson

Bargeron Barrett Battles Baughman Beasley

THURSDAY, FEBRUARY 15, 1951

937

Bell of DeKalb Bell of Richmond
Bennett Bentley
Best Biggers
Birdsong Black Boggus Boone Brannen Brantley Brazeal Britton Brooks Burgamy
Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay Coffin Covington Cranford Dally De en Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp
Griffith
Groover Guthrie Hadden Hale

Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston Ivey
Jackson Jessup Johnson of Hall Johnston Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King
Kitchens Knight
Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull Murphy
Murr Musgrove Nelson Neville Newman Nightingale
Otwell
Overby
Owens Page Parker

Peacock Pickard Pittard Ramsey Raulerson Ray Register Risner Robertson of Cowet Rogers Rollins Scott Scoggin
Sheffield Short Simmons
Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton
Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham
Willis
Wood Wright

938

JOURNAL OF THE HOUSE,

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 184, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 60-296a. By Mr. Tarpley of Union:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia so as to provide for the division of Union County into school districts; to provide 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 submission of this amendment for ratification or rejection by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME.

Section 1.
Upon the approval of this Resolution in the manner hereinafter provided, Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia be, and the same is hereby amended by adding at the end thereof a new paragraph which shall read as follows:
"The members of the county board of education of Union County shall be elected by the people at the same time and for the same term that other county officers of Union County are elected and shall hold their offices until their successors are elected and qualified. The County of Union shall be and the same is hereby divided into five school districts to be known and comprised as follows:
"The First School District to be composed of 865th (Blairsville) and 1147th (Brasstown). The Second School District to be composed of 834th (Chostoe, 996th (Arkaquah) and 1409th (Owltown). The Third School District to be composed of 1262th (Cooses), 1018th (Upper Youngcane) and 1050th (Lower Youngcane). The Fourth School District to be composed of l152th (Dooley), 843th (Ivy Log) and 1024th (Gum Log). The Fifth School District to be composed of 994th (Canada), 995th (Gaddistown) and 1241th (Cooper Creek). One member from each of these districts shall be elected to serve on said board, and only the registered and qualified voters in each district shall vote for the election of a member from that district, a majority vote being necessary for election. Within thirty days after the ratification of this amendment it shall be the duty of the Ordinary of Union County to issue a call for an election, to be held

THURSDAY, FEBRUARY 15, 1951

939

not less than twenty nor more than thirty days thereafter for the purpose of electing by the qualified voters of each school district a member of a county board of education from that district. Should a vacancy occur in the office of any member, the Ordinary shall, within twenty days, issue a call for a special election, to be held not less than twenty nor more than thirty days thereafter for a successor to be elected by the registered and qualified voters of the district. The five member county board of education shall have the same powers and duties as the present board, and shall elect its own chairman. To be eligible to hold office as a member of the county board of education, a person shall be of good moral character, have at leasts a fair knowledge of the elementary branch of the English education, be favorable to the common school system, and be qualified to vote for members of the General Assembly. No publisher of school books or agent for such publisher or 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."

Section 2.
When this amendment shall have been approved by the requisite two-thirds of the members of each house of the General Assembly of the State of Georgia, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and 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. 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 to the people for ratification or rejection. At said election the ballots shall have printed thereon, "For amendment to Paragraph I of Section V of Article VIII of the Constitution of the State of Georgia providing for the election by districts of the members of the County Board of Education of Union County," and "Against amendment to Paragraph I of Section V of Article VIII of the Constitution of the State of Georgia providing for the election by Districts of the members of the County Board of Education of Union County." If a majority of the qualified voters at such election shall vote "For" the ratification of the amendment, the same shall become a part of the Constitution of the State of Georgia, and the Governor of the State shall make proclamation thereof.

Section 3.
That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed.
The 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.:

940

JOURNAL OF THE HOUSE,

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus
Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd
Callier Campbell of Oconee
Campbell of Walker Carr Cates Clark Clary
Claxton Clay
Coffin Covington Cranford Dally De en Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman

Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd
Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston lvey Jackson Jessup
Johnson of Hall Johnston Jolly
Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King
Kitchens Knight Lam Langdale Lanier Lavender
Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee McKelvey
McWhorter Mackay
Mangum

Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell
Overby Owens Page Parker
Peacock Pickard Pittard Ramsey Raulerson Ray Register Risner
Robertson of Cowet: Rogers Rollins Scott Scoggin Sheffield Short Simmons Sivell Smiley
Smith of Bryan Smith of Carroll M.l\L Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers
Waldrop

THURSDAY, FEBRUARY 15, 1951

941

Walker of Telfair Weems Wheeler White Whitworth

Wiggins
Wilkes Williams of Cobb Williams of Houston Willingham

Willis Wood Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton,
Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the Resolution, the ayes were 184, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adoph:d.

HR 84-379a. By Mr. Raulerson of Pierce:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide for the division of Pierce County into school districts; to provide for the election of members of the county board of education from such districts; to provide the terms of office of such members; to provide for election of county school superintendent by the county board of education; to provide qualification for county school superintendent; to provide for the submission of this amendment to the qualified voters of Georgia and Pierce County for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY RESOLVED BY AUTHORITY OF SAME:

Section 1.
That Article VIII, Section V, Paragraph I of the Constitution of Georgia be amended by adding at the end thereof new language as follows:
"The County of Pierce is hereby divided into school districts as follows:
"School District No. 1 composed of Militia District No. 584, known as the Blackshear Militia District.
"School District No. 2 composed of Militia District No. 1181, known as the Patterson Militia District.
"School District No. 3 composed of Militia District No. 1330, knokn as the Sweat Militia District.
"School District No. 4 composed of Militia District No. 1250, known as the Mershon Militia District, and Militia District No. 1609, known as the Walkerville Militia District.

942

JOURNAL OF THE HOUSE,

"School District No. 5 composed of Militia District No. 1694, known as the Bristol Militia District, and Militia District No. 1491, known as the Dowling Mi:itia District.
' The County Board of Education of Pierce County shall be composed of two members from School District No. 1, and one member each from the remaining four school districts. Each member of said Board shall be elected by the people and only the qualified voters of each school district shall vote for the members of said Board from each school district. A candidate for membership on said Board must be a resident of the school district from which he offers as a candidate. The terms of office of the members of the county board of education shall be four years.
"The members of the County Board of Education shall elect one of their number as Chairman of said Board. The members of said Board shall be paid $10.00 per diem for the days on which they are actually performing services as members of such board.
"Not later than thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Pierce County to issue a call for a special election for the purpose of electing the members of said Board as provided herein. The date of such election shall be fixed not Jess than twenty nor more than fortyfive days from the date of issue of the call thereof. The date of such election and the purpose thereof shall be published in the official organ of Pierce County at least once before the date of such election. The members elected at such election shall serve until December 31, 1956. Their successors shall be elected at the time of the General Election in 1956 to take office January 1, 1957 and future elections shall be held every four years thereafter. In case of a vacancy on said Board, an election shall be held to elect a member from the school district in which such vacancy occurs to fill the unexpired term.
"The County School Superintendent of Pierce County shall be elected by a majority vote of the members of the County Board of Education shall serve at the pleasure of said Board. In order to be eligible to hold the office of County School Superintendent, a person shall have had at least three years' practical experience at teaching, holding a first-grade high school license, and in addition thereto shall have a diploma from an accredited literary college or normal school. Such person must be of good moral character and must not have been convicted of any crime involving moral turpitude."

Section 2.
Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the

THURSDAY, FEBRUARY 15, 1951

943

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 ballot the words:

"For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide that Pierce County shall be divided into school districts, and the members of the County Board of Education of Pierce County shall be e ected by the qualified voters of said districts, and that the County School Superintendent shall be elected by the members of the County Board of Education."

All persons opposing the adoption of said amendment shall have written or printed on their ballots the words:

"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia so as to provide that Pierce County shall be divided into school districts, and the members of the County Board of Education of Pierce County shall be elected by the qualified voters of said districts, and that the County School Superintendent shall be elected by the members of the County Board of Education."

If the people shall ratify such amendment by a majority of the electors in Pierce County and in the State of Georgia qualified to yote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

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.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball
Barber of Colquitt Barber of Jackson Bargeron Barrett Battles

Baughman Beasley Bell of Dekalb Bell of Richmond Bennett Bentley Best Biggers
Birdsong Black Boggus Boone Brannen

Brantley Brazeal Britton Brooks Burgamy Burkett Byrd
Callier
Campbell of Oconee Campbell of Walker Carr Cates Clark

944

JOURNAL OF THE HOUSE,

Clary Claxton Clay Coffin Covington Cranford Dally Deen Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston Ivey Jackson Jessup
Johnson of Hall

Johnston Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page Parker Peacock Pickard Pittard Ramsey Raulerson Ray Register
Risner

Robertson of Coweta Rogers Rollins Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Willis Wood Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

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

THURSDAY, FEBRUARY 15, 1951

945

On the adoption of the Resolution, the ayes were 184, nays 0. The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 100-476b. By Messrs. Kidd and Parker of Baldwin:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I, and Article VIII, Section VI, Paragraph I of the Constitution of Georgia so as to provide for the election of members of the County Board of Education of Baldwin County; to provide for their terms of office and qualifications; to provide for the election of County School Superintendent of Baldwin County by the County Board of Education; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.
Be it resolved by the General Assembly of Georgia and it is hereby resolved by authority of the same:

Section 1.
That Article VIII, Section V, Paragraph I of the Constitution of Georgia be amended by adding at the end thereof the following:
"The members of the County Board of Education of Baldwin County shall be elected by the people of the county living outside the area embraced within any independent school system. Not later than thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Baldwin County to issue the call of an election for the purpose of electing by the qualified voters of Baldwin County the members of the county board of education. The time of such election shall be set not less than thirty and not more than sixty days after the issuance of the call thereof by the ordinary. Such election shall be held in the same manner as elections for county officers are held. The board shall be composed of five freeholders. At this election, the member receiving the highest number of votes shall have a term which shall expire January 1, 1959. The two members receiving the next highest number of votes shall have a term expiring January 1, 1957, and the two members receiving the next highest votes shall have a term expiring January 1, 1955. Thereafter the terms of the members elected shall be six years each. In the case of a vacancy on said board by the death or resignation of a member, or from any other cause other than the expiration of such member's term of office, the remaining members of said board shall by secret ballot elect his successors who shall hold office until the next general election at which time a successor will be elected for the unexpired term. From and after the ratification of this amendment the grand jury of Baldwin County shall make no further appointments of members of the county board of education, but the present members of the board may serve until their successors are duly elected and qualified as herein provided. 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 edu-

946

JOURNAL OF THE HOUSE,

cation. No person shall be eligible to hold office as a member of the county board of education who is not of good moral character, who does not have a knowledge of the elementary branch of the English education, who holds no other public office, who is not favorable to the common school system, and who is not a voter qualified to vote for members of the General Assembly."

Section 2.
That Article VIII, Section VI, Paragraph I of the Constitution of Georgia, 1945 be and the same is hereby amended by adding at the end thereof a new paragraph as follows, to wit:
"The County School Superintendent of Baldwin County shall be elected or appointed by the County Board of Education of Baldwin County and shall serve at the pleasure of the said board. The person elected as County School Superintendent in the year 1952, to take office January 1, 1953, shall serve for the full term for which he is elected, provided his service as such County School Superintendent is satisfactory to the County Board of Education. The County Board of Education shall have the right to dismiss such County School Superintendent if his services are unsatisfactory. Thereafter, the County School Superintendent shall be elected or appointed by the County Board of Education as hereinbefore provided."
Section 3.
Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their Journals with the "Ayes" and "Nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding 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 ballot the words:
"For ratification of amendment to Article VIII, Section V, Paragraph I, and Article VIII, Section VI, Paragraph I of the Constitution of Georgia so AS TO PROVIDE FOR THE election of members of the County Board of Education of Baldwin County; to provide for their terms of office and qualifications; to provide for the election of County School Superintendent of Baldwin County by the County Board of Education."
All persons opposing the adoption of said amendment shall have written or printed on their ballots the words:
"Against ratification of amendment to Article VIII, Section V, Paragraph I, and Article VIII, Section VI, Paragraph I so as to provide for the election of members of the County Board of Education of

THURSDAY, FEBRUARY 15, 1951

947

Baldwin County; to provide for their terms of office and qualifications; to provide for the election of County School Superintendent of Baldwin County by the County Board of Education."
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 Baldwin 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 State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
Mr. Kidd of Baldwin moves to amend HR 100-476b, by striking the last sentence of Section 1, which reads as follows: "No person shall be eligible to hold office as a member of the county board of education who is not of good moral character, who does not have a knowledge of the elementary branch of the English education, who holds no other public office, who is not favorable to the common school system, and who is not a voter qualified to vote for members of the General Assembly", and inserting in lieu thereof a new last sentence to read as follows:
"In order to be eligible to hold office as a member of the County Board of Education, a person must be of good moral character, possess a good knowledge of the elementary branch of the English education, must be favorable to the common school system, must not hold any other public office and must be a qualified voter to vote for members of the General Assembly."
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 am.ended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock
Ball Barber. of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman
Beasley Bell of DeKalb Bell of Richmond
Bennett Bentley Best

Biggers Birdsong Black Boggus Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker
Carr
Cates Clark Clary

Claxton Clay Coffin Covington Cranford Dally Deen Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt
Freeman
Gardner Garrard Gary

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JOURNAL OF THE HOUSE,

Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston Ivey Jackson Jessup Johnson of Hall Johnston Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King Kitchens Knight Lam Langdale

Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page Parker Peacock Pickard Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Rogers Rollins Scott Scoggin Sheffield Short

Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Willis Wood Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the Resolution, as amended, the ayes were 184, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.

HR 101-476c. By Messrs. Bell, Graham and Holley of Richmond:

THURSDAY, FEBRUARY 15, 1951

949

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 body of Richmond 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 75% 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 Richmond 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 75o/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." 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.

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 Richmond 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 authorizing the General Assembly to permit the governing authority of Richmond 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.

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JOURNAL OF THE HOUSE,

Section 3. All laws and parts of law in conflict with the Act be and the same are hereby repealed.

The report of the Comhittee, 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.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd
Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay Coffin Covington
Cranford Dally

Deen Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston Ivey
Jackson Jessup Johnson of Hall Johnston Jolly
Jones of Bartow Jones of Lumpkin

Jordan Kelley Kemp Key Kidd King
Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page Parker Peacock Pickard Pittard Ramsey Raulerson Ray Register
Risner
Robertson of Coweta

THURSDAY, FEBRUARY 15, 1951

951

Rogers Rollins Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart

Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers

Waldrop Walker of Telfair
Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Willis Wood Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, _Wilkinson, Wooten, and Mr. Speaker.

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the Resolution, the ayes were 184, nays 0.
The Resolution having received the requisite two-thirds constitutional majority, was adopted.

HR 111-540a. By Messrs. Hall, Scoggin and Covington of Floyd:

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 Floyd County into School Board Districts, and for the election of members of the County Board of Education from such districts, to provide for their terms of office and qualifications; to provide for the submission of the amendment for ratification or rejection by the people of Floyd County; to provide for a County School Superintendent and his election by the County Board of Education, and for other purposes. Be it resolved by the General Assembly of the State of Georgia.

Section 1.
That Article 8, Section 5, Paragraph 1 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 Floyd County shall be elected by the people at the same time and for the same term that other county officers are elected, and for a term of four years, and shall hold their offices until their successors are elected and qualified. The new Board of Education provided for in this Amendment shall take office January 1, 1953 and the first election shall be held on the second Tuesday in December 1952, provided a majority of those

952

JOURNAL OF THE HOUSE,

voting in Floyd County in the General election in 1952 vote in favor of this amendment. It shall be the duty of the Ordinary of Floyd County to call this first election, and all candidates for membership on the Floyd County Board of Education shall register with the Ordinary of said County at least fifteen days before the election. The members of the Board who are elected at that time shall hold office until their successors are elected and qualified. Should a vacancy occur in the office of any member thus elected, a successor shall be appointed by the remaining members of the Board for the unexpired term. Only the registered and qualified voters in each School Board District shall vote for the election of a member from that district. For the purposes of this resolution the following districts or combinations of Militia districts shall be known and designated as School Board Districts and the number of School Board members from each school board district is herein designated.

FLOYD COUNTY SCHOOL BOARD DISTRICTS

District Number

Militia Districts

Number of Members

1.

Armuchee

Texas Valley

Everett Springs

Floyd Springs

Glenwood

2.

Etowah

Riverside

3.

Mount Alto

North Carolina

4.

Barkers

Cave Springs

Fosters Mill

Livingston

5.

Vans Valley

Chulio

Howells

6.

Lindale

7.

Watters

1 Bd. Member
1 Bd. Member 1 Bd. Member 1 Bd. Member 1 Bd. Member 1 Bd. Member 1 Bd. Member

"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 Floyd 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 a freeholder and 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

THURSDAY, FEBRUARY 15, 1951

953

school system, and who is not a voter qualified to vote for the members of the General Assembly and who does not reside irl' his School Board District. If any Board Member shall move his residence from the election district he represents, the position shall immediately become vacant.

Section 2.
There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Floyd County. Before any person shall be elected or appointed County School Superintendent, he shall have all the qualifications which now, or which may hereafter be prescribed by law for County School Superintendents of the state, except that any legal requirement as to residence shall not be applicable. After the ratification of this amendment the voters of Floyd County shall no longer elect a County School Superintendent, however, the Superintendent elected in the General election in 1952 shall be eligible to serve for the term of his election.

Section 3.
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 Floyd County Board of Education," 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 Floyd County Board of Education."
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 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:

954

JOURNAL OF THE HOUSE,

Those votin~ in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary
Claxton Clay Coffin Covington Cranford Dally
Deen Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears

Flynt Freeman Gardner Garard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Hood Hopkins Huddleston lvey Jackson Jessup Johnson of Hall Johnston Jolly Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Key Kidd King Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGee

McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Page Parker Peacock Pickard Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Rogers Rollins Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Carroll M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin
Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin

THURSDAY, FEBRUARY 15, 1951

955

Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair

Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb

Williams of Houston Willingham Willis Wood Wright

Those not voting were Messrs.: Bolton, Coogle, Cornelius, Deason, Denton, Greer, Holley, Hollis, Kennedy, Leach, McGarity, Mims, Pickett, Robertson of Dawson, Rowland, Smith of Emanuel, Walker of Crawford, Warren, Wilkinson, Wooten, and Mr. Speaker.

By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the Resolution, the ayes were 184, nays 0.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:

SB 9. By Senator Rawls of the lOth, Carlisle of the 7th, and many others:
A Bill to be entitled an Act to amend an Act to authorize the issuance of drivers license without cost to certain veterans, and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

SB 3. By Senator Rawls of the lOth:
A Bill to be entitled an Act to amend the Employees Retirement System Act to provide for employees loaned to Federal Government or in Armed Forces, and for other purposes.
The following amendment to SB 3, was read and adopted:
Mr. Ray, of Warren County, moves to amend SB 3, being An Act to amend the Employees Retirement System Act as follows:
By striking all of Paragraph No. (1) of Section 5 of said Act in its entirety and inserting in lieu thereof a new Paragraph ( 1) of Section 5 to read as follows:
" (1) The Board of Trustees shall fix and determine by appropriate rules and regulations how much service in any year is equivalent to one year of service, provided that services performed as a member of the General Assembly of Georgia, the National Guard, and/or the Georgia State Guard shall be creditable year for year, not to exceed five years for service in the Georgia National Guard, Georgia State Guard, and/or as a member of the General Assembly of Georgia for such membership, only if the individual is otherwise a member of the

956

JOURNAL OF THE HOUSE,

Retirement System, but in no case shall more than one year of service be creditable for all service in one calendar year, except that creditable service performed as a member of the General Assembly of Georgia shall be in addition to all other creditable service."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 113, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 13. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act to provide for the creation of the office of Solicitor-General Emeritus, and for other purposes.
The report 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.

SB 34. By Senators Pittman of the 53rd, Hargreaves of the 5th, Deen of the 46th, and others:
A Bill to be entitled an Act assenting to the provisions of the Act of Congress, entitled an Act to provide that the U. S. shall aid the States in fish restoration and management problems, and for other purposes.
The report 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.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the Senate amendments to the following bill of the House:

HB 263. By Messrs. Lovett of Laurens, Smith of Emanuel, and others:
A bill to make general appropriations for the maintenance and operation of the agencies of the government for the year 1951; and for other purposes.
The Senate has agreed to the House amendment as amended to the following bill of the Senate:

SB 121. By Senator Millican of the 52nd:
A bill to require the Commissioners of Roads and Revenues of Fulton County to supplement the funds of the County Board of Education from

THURSDAY, FEBRUARY 15, 1951

957

any funds in the Treasury of said county; and so forth; and for other purposes.

Under the regular order of business, the following Bills of the House were taken up for consideration and read the third time:

SB 68. By Senators Jones of the 22nd, Mallory of the 25th, Bray of the 36th, Gould of the 4th, and others:
A Bill to be entitled an Act to provide for the payment of not more than $2,000.00 per annum to each Solicitor-General for travel expenses, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 8.
The bill, having received the requisite constitutional majority, was passed.

SB 142. By Senator Williams of the 19th:
A Bill to be entitled an Act to confer upon Ordinaries sitting for County purposes, Boards of County Commissioners or other authority to release a portion of the property from lien of the County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 1.
The bill, having received the requisite constitutional majority, was passed.

The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 42. By Messrs. Smith of Emanuel, Ray of Warren, Campbell of Oconee, Tamplin of Morgan, Gardner of Dougherty and Twitty of Mitchell:
A Bill to be entitled an Act to provide for levying, assessing and collecting an income tax on net income tax, and for other purposes.

The following Senate amendments to HB 42, were read:
Finance Committee moves to: amend Section 2, Paragraph 2, line 6, by striking the words,
"In either of the above cases there shall be an additional deduction of $1,250.00 for medical care of each dependent as defined in Section 1 of this Act."
and insert in lieu thereof the following:
"In either of the above cases there shall be allowed an additional deduction of the expenses paid for the medical care of each dependent as defined by Section 1 of this Act in an amount not to exceed $1,250.00 for each such dependent."

958

JOURNAL OF THE HOUSE,

Finance Committee moves to: amend HB 42 by striking Section 4-A thereof and enacting a new section to read as follows:

Section 4-A.
That Section 92-3101 of the Code of Georgia, as amended, which section relates to the rate of taxation of individuals on income, is hereby amended so as to read as follows:
"Section 92-3101.-A tax is hereby imposed upon every resident of the State, which tax shall be levied, collected and paid annually with respect to the entire net income of the taxpayer as hereinafter defined; and upon every nonresident with respect to his entire net income not hereinafter exempted, received by such taxpayer from property owned or from business carried on in this State: computed at the following rates:
"On the first $2,000 or any part thereof........................................1 o/o
On all income in excess of $2,000 and not exceeding $4,000 or any part thereof........................................................................2 o/o
On all income in excess of $4,000 and not exceeding $5,000 or any part thereof........................................................................3 o/o
On all income in excess of $5,000 and not exceeding $7,000 or any part thereof........................................................................4 o/o
On all income in excess of $7,000 and not exceeding $10,000 or or any part thereof....................................................................5 o/o
On all income in excess of $10,000 and not exceeding $20,000 or any part thereof........................................................................ 6 o/o
On all income in excess of $20,000 and not exceeding $50,000 or any part thereof........................................................................ 7 o/o
On all income in excess of $50,000..................................................8% ."

Finance Committee moves to amend Section 5 of HB 42 by striking therefrom the words beginning in Line 14 after the word "taxpayer" the following words: "within two years after the receipt of the Internal Revenue Agent's Report of supplemental report reflecting the corrected net income, shall make return to the Commissione:J;, of Revenue of such corrected income" and substituting in lieu thereof the following words: "within two years after the assessment of additional Federal income taxes by the Commissioner of Internal Revenue, shall file a supplemental report to the Commissioner of Revenue reflecting the corrected net income."
Finance Committee moves to amend HB 42 by adding a new section following Section 7, to be appropriately numbered to read as follows:

SECTION 7-A.
That Section 92-3109 of the Code of Georgia, as amended, and as it appears in the 1947 Cumulative Pocket Part of the Annotated Code of Georgia, which section relates to deductions from gross income, is hereby further amended by striking the words "net income as computed without the benefit of this section" at the end of sub-section (g)

THURSDAY, FEBRUARY 15, 1951

959

thereof and substituting in lieu thereof the words "gross income less business expenses set forth herein under sub-section (a) of this section" so that said sub-section (g), when amended, shall read as follows:
"(g) Contributions or gifts.-Contributions or gifts made by individuals within the income year to corporations or associations, including community chest funds, foundations, and trusts created solely for charitable purposes, that are operated solely and exclusively for religious, charitable, scientific, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholders or individual, to an amount not in excess of 15 per centum of the taxpayer's gross income less business expenses set forth herein under sub-section (a) of this section."

Finance Committee moves to amend HB 42 by adding a new section following Section 7-A, to be appropriately numbered as follows:

SECTION 7-B.
That Section 92-3109 of the Code of Georgia, as amended, and as it appears in the 1947 Cumulative Pocket Part of the Annotated Code of Georgia, which section relates to deductions from gross income, is hereby further amended by striking from sub-section (c) the following words: "Provided, however, that the taxpayer may only deduct from gross income the amount of Federal net income taxes shown to be due and actually paid during the immediate preceding taxable year on the return filed by said taxpayer in such preceding taxable year, and", so that said section, when amended, shall read as follows:
"(c) Taxes.-Effective January 1, 1938, taxes paid or accrued within the taxable year, except State income taxes, estate and inheritance taxes, gift taxes, cigar and cigarette taxes, gasoline taxes and taxes assessed for local benefits of a kind tending to increase the value of the property assessed: Provided further, that where the entire net income of the taxpayer is not taxable by the State of Georgia, then the taxpayer may only deduct such Federal net income taxes in the same proportion that the net income taxable by the State of Georgia bears to the entire net income taxable by the Federal Government."
Mr. Ray of Warren moved that the House agree to the Senate amendments.
On the motion, the ayes were 113, nays 4.
The Senate amendments were agreed to.
Under the regular order of business, the following Bills of the Senate, were taken up for consideration and read the third time:
SB 63. By Senators Chance of the 43rd, Akin of the 40th, and Oliver of the 54th:
A Bill to be entitled an Act to provide for the creation of a State educational research service to collect facts concerning alcohol on human health, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 112, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 156. By Senator Millican of the 52nd:
A Bill to be entitled an Act to am~md an Act pertaining to conduct of Jewelry Auctions, and for other purposes.
The report 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 8.
The bill, having received the requisite constitutional majority, was passed.

SB 12. By Senators Branch of the 47th, Connell of the 6th and Hargreaves of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Court, Emeritus, and for other purposes.
The report 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.

The following Bill of the Senate was taken up for the purpose of considering the unfavorable report of the Committee:

SB 75. By Senator Millican of the 52nd and Stephens of the 50th: A Bill to be entitled an Act to create within the Department of the Secretary of State a Commission to be known as the Georgia Historical Commission, and for other purposes.
The unfavorable report of the Committee was disagreed to and the bill was read the second time :
The following Resolution of the Senate was read:
SR 56. By Senator Williams of the 21st: A Resolution authorizing the Treasurer to dispose of certain records in the Treasury Department, and for other purposes.
The Resolution was adopted:

The following Bill of the House was placed on the calendar for the purpose of considering the unfavorable report of the Committee:

HB 38. By Mr. Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act to provide for nomination by political parties in this State of candidates for U. S. Senator, Governor, State House Officers, and for other purposes.

THURSDAY, FEBRUARY 15, 1951

961

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 550. By Mr. Tillman of Appling:
A Bill to be entitled an Act to change the time of convening the Spring Term of the Superior Court of Appling County, and for other purposes.

The following Senate amendment to HB 550, was read:
Senator Oliver of the 54th moves to amend HB 550 as follows:
By amending the caption of said HB 550 in line three (3) thereof by striking from said line thereof, the words third and fourth Mondays and inserting in lieu thereof, the following second and third Mondays.
And by striking from line 11 of said caption the word third and inserting in lieu thereof, the word second.
And by striking from line 15 of the caption the word third and inserting in lieu thereof, the word second, so that when said bill is amended, it shall read as follows:
"To be entitled an Act to change the time of convening the Spring Term of the Superior Court of Appling County from the third and fourth Mondays in March to the second and third Mondays in February of each year; to provide that this Act shall become effective J anuary 1, 1952, so as to apply to the Spring Term, 1952 of said Court and aH subsequent Spring Terms; to provide that all writs, bills, processes, orders, sumilliOns, subpoenas, bonds and all proceedings of every kind now returnable to or answerable at the March term, 1952 of said court as heretofore fixed, shall remain of full force and effect, and shall be held returnable to or answerable at the February term, 1952 of said court to convene on the second Monday in February, 1952, as provided by this Act; to provide that all jurors and witnesses drawn or summoned to attend the March term, 1952 of said court shall be deemed and held as drawn and summoned to attend the February term, 1952 of said court convening on the second Monday in February, 1952 as provided by this Act; to repeal all conflicting laws; and for other purposes."
Senator Oliver of the 54th, moves to further amend HB 550 by striking Section 1 in its entirety and inserting in lieu thereof the following, to be numbered as Section I.
"That the time for convening the regular Spring Term of the Superior Court of Appling County is hereby changed from the third and fourth Mondays in March to the second and third Mondays in February.
Senator Oliver of the 54th, further amends HB 550 by striking line 5 in Section 3 the word third and inserting in lieu thereof the word second. And by striking from said Section 3 in line 8 thereof, the word first and inserting in lieu thereof the word third.
Senator Oliver of the 54th moves to further amend HB 550 by striking from Section 3 thereof in line 10 thereof the word third and inserting in lieu thereof the word second so that when Section 3 is amended the same will read as follows:

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"Section 3. That all writs, bills, processes, orders, summons, subpoenas, bonds, and all proceedings of every kind now returnable to or answerable at the March term, 1952 of said court as heretofore fixed, shall remain of full force and effect, and shall be held returnable to or answerable at the February term, 1952 of said court to convene on the Second Monday in February, 1952 as provided by this Act; and all jurors and witnesses drawn or summoned to attend the March term, 1952 of said court convening on the first Monday in March, 1952, shall be deemed and held as drawn and summoned to attend the February term, 1952 of said court convening on the second Monday in February, 1952, as provided by this Act."
Mr. Tillman of Appling moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment was agreed to.

HB 551. By Mr. Tillman of Appling:
A Bill to be entitled an Act to repeal an Act to establish the City Court of Baxley, and for other purposes.

The following Senate amendment to HB 551, was read:
Senator Oliver of the 54th moves to amend HB 551 by striking from Section 5 the word "Within ten days after the passage of this Act" and inserting instead thereof the words "During the year 1952" so that that part of the sentence and paragraph will read "During the year 1952 it shall be the duty of the Ordinary of Appling County to issue a call for a special election".
Mr. Tillman of Appling moved that the House agree to the Senate amendment.
On the motion, the ayes were 105, nays 0.
The Senate amendment was agreed to.
HB 556. By Messrs. Trapnell and Neville 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 following Senate amendment to HB 556, was read:
Senator Williams of the 49th moves to amend HB 556 by inserting after the word "Clerk" in line 4 of Section 2 thereof, the following: "thereof, who shall, on the first day of each month, prepare cost bills for the preceding month".
Mr. Neville of Bulloch moved that the House agree to the Senate amendment.
On the motion, the ayes were 106, nays 0.
The Senate amendment was agreed to.
HB 524. By Messrs. Scoggin, Covington and Hall of Floyd:
A Bill to be entitled an Act to amend an Act to establish a City Court

THURSDAY, FEBRUARY 15, 1951

963

of Floyd County, and for other purposes.

The following Senate Substitute to HB 524, was read:
A BILL
To be entitled an Act to amend an Act entitled, "An Act to establish a City Court of Floyd County" approved September 27, 1883 and as amended by an Act approved January 31, 1946. To provide the salary of the Judge of the City Court; to fix the date of beginning and expiration of the term; and for other purposes.
Be it enacted by the General Assembly of Georgia and is hereby enacted by the authority of the same.
Section 1.
That Section 3 of said Act, approved January 31, 1946, which Act provides as follows:
"That from and after the 1st day of October, 1947 the salary of the Judge of the City Court of Floyd County shall be $400.00 per month in lieu of $250.00 per month as provided now in the
Act of September 27, 1883 as amended," be repealed in its entirety and substituting in lieu thereof, the following section amendatory cf said Act:
That from and after the paEsage of this Act, the salary of the Judge of the City Court of Floyd County, Georgia, shall be at least $400.00 per month, and an additional sum of $100.00 per month may be added in the discretion of County Board of Roads and Revenues of said county, said sums to be in lieu of the $400.00 per month as now provided in Section 3 of said Act, approved January 31, 1946.
Section 2.
Be it further enacted by the authority of the same that all laws or parts of laws in conflict herewith be, and the same are, hereby repealed.
Mr. Covington of Floyd moved that the House agree to the Senate substilute.
On the motion, the ayes were 107, nays 0.
The Senate substitute was agreed to.

HB 563. By Messrs. Covington, Scoggin and Hall of Floyd:
A Bill to be entitled an Act providing for a supplement of salary for Judge of the Superior Court of the Rome Judicial Circuit, and for other purposes.

The following Senate amendment to HB 5&'3, was read: Senator Farrar of the 42nd moves to amend HB 563, by amend-

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ing Section 2 by adding after the words "any other supplement" the words "paid by said county".
Further amend Section 2 by adding a new sentence after the last sentence of said paragraph the following "The total allowable supplement paid by said county shall be $1600.00.
Mr. Covington of Floyd moved that the House agree to the Senate amendment.
On the motion, the ayes were 108, nays 0.
The Senate amendment was agreed to.

HB 229. By Messrs. Ray of Warren, Key of Jasper, Twitty of Mitchell, Smith of Emanuel, and Tarbutton of Washington:
A Bill to be entitled an Act to amend an Act to authorize the establishment and maintenance of common trust funds, and for other purposes.
The following Senate amendment to HB 229, was read:
Senator Stephens of the 50th moves to amend HB 229 by adding thereto the following words:
"All laws or parts of laws in conflict herewith are hereby repealed".
Mr. Key of Jasper moved that the House agree to the Senate amendment.
On the motion, the ayes were 110, nays 0.
The Senate amendment was agreed to.

The following Bill of the Senate was taken up for the purpose of considering the Senate amendment to the House amendment thereto:

SB 121. By Senator Millican of the 52nd:
A Bill to be entitled an Act to require Commissions of all counties of a certain population to supplement funds of County Boards of Education, and for other purposes.

The following Senate amendment to House amendment to SB 121, was 1ead:
By Senator Millican of the 52nd:
Amend House Amend to SB 121 by striking in line 5 of Section 1 the words and figures "$240,000.00 during the year 1951 only" and insert in lieu thereof the words and figures "$25,000.00 each month during the year,"
Further amend by striking all of lines 16-17-18-19-20-21-22 of said amendment and add a new Section to be known as following.
Section 2a-The provisions of this Act shall become effective April 1, 1951.

THURSDAY, FEBRUARY 15, 1951

965

Mr. Alverson of Fulton moved that the House agree to the Senate amendment to the House amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment to the House amendment was agreed to.

The following Resolutions of the House were read:

HR 139. By Mr. Hood of Chatham:
A Resolution providing for the appointment of a Committee to work with the Department of Education on certain text books, and for other purposes.
An amendment offered by Mr. Hood of Chatham was read and adopted.
On the adoption of the Resolution, the ayes were 48, nays 65.
The resolution was lost.

HR 136. By Messrs. Murr of Sumter, Rogers of Heard and Ursrey of Jefferson:
A Resolution providing for the appointment of a Committee to study all agricultural and livestock development in the State, and for other purposes.
The resolution was lost.

The following Resolution of the House was read and adopted:

HR 114-549a. By Mr. Overby of Hall:
A Resolution requesting the U. S. Government to retain the strength of the National Guard, and for other purposes.

The following Resolution of the House was read:

HR 144-613a. By Messrs. Greene of Crisp, Green of Rabun, Green of Cherokee and others:
A Resolution proposing that the Speaker study placing a microphone on the desk of each member of the House, and for other purposes.
Mr. Smith of Bryan moved that the resolution be tabled and the motion was lost.
The Resolution was adopted.
Mr. Smith of Bryan requested that the Journal show that he voted against the adoption of the Resolution.

The following Resolutions of the Senate and House were read and adopted:
SR 49. By Senator Gould of the 4th:
A Resolution protesting the passage of the proposed several amendments to the Selective Service Act of 1948 which affects the National Guard, and for other purposes.

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HR 145. By Mr. Covington of Floyd:
A Resolution commending Dr. Payne and his staff for their efficient operation of Battey Hospital, and for other purposes.

Mr. Twitty of Mitchell moved that the House adjourn until 10:00 o'clock, A.M., tomorrow morning and the motion prevailed.

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

FRIDAY, FEBRUARY 16, 1951

967

Representative Hall, Atlanta, Georgia, February 16, 1951.

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.

Prayer was offered by the Chaplain, Rev. George H. Coker, Pastor, Macedonia Baptist Church, Manchester, Georgia.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the Journal of yesterday's proceedings had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:

1. Introduction of Bills and Resolutions.

2. First reading and reference of House Bills and Resolutions.

3. Report of Standing Committees.

4. Second reading of Bills and Resolutions, favorably reported.

5. Third reading and passage of local uncontested bills.

6. First reading and reference of Senate Bills and Resolutions.

.

.

7. That the Speaker may in his discretion call up any bill on the General

Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolution of the House were introduced, read the first time and referred to the Committees:
HB 618. By Mr. Alverson of Fulton:
A bill to be entitled an Act to amend an Act which reads as follows: "For entering such execution as aforesaid upon the general execution docket the Clerk shall be entitled to a fee of ten cents, to be taxed in the bill of costs, etc.", and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 619. By Messrs. Stewart of Habersham, Knight of Gordon, Dews of Calhoun, Nelson of Pulaski, Owens of Tift, Green of Cherokee and Britton of Whitfield:
A bill to be entitled an Act to amend the Georgia Code of 1933, so as to

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create a State Livestock Sanitary Board, and for other purposes. Referred to the Committee on General Agriculture #2.

HR 146-619a. By Mr. McWhorter of DeKalb:
A resolution to compensate certain newspapers for advertising proposed constitutional amendments at the request of the Acting Governor of Georgia, and for other purposes.
Referred to the Committee on State of Republic.

HB 620. By Mr. Mims of Miller:
A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues in the County of Miller, and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Alverson of Fulton 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 of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 120. Do Pass, as amended.
Respectfully submitted,
Alverson of Fulton,
Chairman.

Mr. Langdale of Lowndes 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 137. Do Pass.
Respectfully submitted,
Langdale of Lowndes,
Chairman.

By unanimous consent, the following Bills of the Senate were taken up for consideration and read the third time:

SB 214. By Senator Stephens of the 50th: A bill to be entitled an Act to create Fire, Sanitation and Sewerage Dis-

FRIDAY, FEBRUARY 16, 1951

969

tricts in Clarke County to permit the erection of sewerage systems and fire protection to the citizens of Clarke County, and for other purposes.
The report of the Committee, which was favorable to the passage of the biii, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The biii, having received the requisite constitutional majority, was passed.

SB 215. By Senator Stephens of the 50th:
A biii to be entitled an Act authorizing the Board of Commissioners of Roads and Revenues for Clarke County to establish rules and regulations governing pensions of employees, and for other purposes.
The report of the Committee, which was favorable to the passage of the biii, was agreed to.
On the passage of the biii, the ayes were 104, nays 0.
The biii, having received the requisite constitutional majority, was passed.
SB 213. By Senator Drinkard of the 29th:
A biii to be entitled an Act to provide that the salary of the Judge of the Superior Court of the Augusta Judicial Circuit shall be supplemented by payments from the County treasury, and for other purposes.
The report of the Committee, which was favorable to the passage of the biii, was agreed to.
On the passage of the biii, the ayes were 105, nays 0.
The biii, having received the requisite constitutional majority, was passed.

SB 212. By Senator Coleman of the 18th:
A biii to be entitled an Act to amend the Charter of the City of Augusta, providing for time of holding elections, and for other purposes.
The report of the Committee, which was favorable to the passage of the biii, 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.

SB 208. By Senator Coleman of the 18th:
A biii to be entitled an Act to amend the Charter of the City of Augusta, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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SB 211. By Senator Coleman of the 18th:
A bill to be entitled an Act to amend the Charter of the City of Augusta; to extend the City limits to include Forest Hills, etc., and for other purposes.

The following amendment to SB 211, was read and adopted:
Messrs. Graham, Holley and Bell of Richmond move to amend SB 211 by inserting in Section 1, Territory "B" line 28, after the words "East property line of Berchmans Road" the following words "thence South along the East property line of Berchmans Road".
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 210. By Senator Coleman of the 18th:
A bill to be entitled an Act to amend the Charter of the City of Augusta so as to extend the city limits, and for othter purposes.
The report 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 209. By Senator Coleman of the 18th:
A bill to be entitled an Act to amend the Charter of the City of Augusta, relating to members of the Fire Department, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 195. By Senator Williams of the 49th: A bill to be entitled an Act to raise the salary of the Solicitor of the City Court of Metter, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 186. By Senator Duncan of the 34th: A bill to be entitled an Act to amend an Act creating the City Court

FRIDAY, FEBRUARY 16, 1951

971

of Gwinett 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.

SB 201. By Senator Hughes of the 32nd:
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 Lumpkin, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 200. By Senator Hargreaves of the 5th:
A bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of the County of Atkinson, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 203. 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, to provide for changes in health services, and for other purposes.

The following Substitute to SB 203, was read: By Messrs; McWhorter, Bell and Mackay of DeKalb:

A BILL
TO AMEND AN ACT ESTABLISHING A NEW CHARTER FOR THE C{TY OF ATLANTA, APPROVED FEBRUARY 28, 1874, AND THE SEVERAL ACTS AMENDATORY THEREOF AND FOR OTHER PURPOSES.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the 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. Effective December 31, 1951, the Department of Health and the position of Director of Public Health of the City of Atlanta are abolished. The term of office of the present Director of Public Health

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shall expire on that date unless it shall, for any reason, expire at an earlier date.
Section 2. After December 31, 1951, the City of Atlanta, or the governing authority thereof, shall have no power or authority to perform any functions or render any services (except those relating to sanitation, as otherwise provided by law) performed or rendered on the date this Act is approved by the Department of Health of said City except in the manner authorized by this Act.
Section 3. After December 31, 1951, in that part of Atlanta situated in DeKalb County the Authority and supervision over all matters relating to Health, not especially excepted and reserved in Section 2 hereof, and including the authority to declare and enforce quarantine subject to the provisions of law, shall be vested in the DeKalb County Board of Health and all provisions of the Ellis Health Law included in Sections 88-201, 88-202, 88-203, 88-204, 88-205, 88-206 and 88-213, except as herein modified, shall apply.
Section 4. There shall be added to the DeKalb County Board of Health to represent the City of Atlanta, two members, who shall be residents of that part of the City of Atlanta, situate in DeKalb County, which members shall be elected by the governing authority of the City of Atlanta. The term of office of such members shall be four years or until a successor shall be elected and qualified. The first of such terms to begin January 1, 1952. The clerk of the City Council of Atlanta shall certify the names of the members thus elected to the Chairman of the DeKalb County Board of Health. Vacancies for any cause shall be filled by election for the unexpired term by the governing authority of said City.
Section 5. The City of Atlanta is hereby declared to be the principal city of DeKalb County and as such, it shall contribute to the budget of the DeKalb County Health Department in accordance with the provisions of Section 88-313 of the Civil Code of Georgia of 1933. One twelfth of the amount determined to be due by the City of Atlanta
to DeKalb County Board of Health based on the budget adopted by
said Board shall be paid on or before the lOth day of each month and a final adjustment based on actual expenditures shall be made on or before the lOth day of January of each year.
Section 6. If necessary or desirable in order to provide adequate health functions and services in said City, the City of Atlanta, or the governing authority thereof, shall have full power to adopt the rules, regulations and orders of any county board of health, by ordinance or otherwise, so that the same shall be valid and effective in said City or any part thereof and have the same force and effect as other ordinances enacted by said City. Provision may also be made by ordinance for penal enforcement of such rules, regulations and orders. Said City may also confer full power and authority on the authorized representatives and personnel of such county board of health to enable them to accomplish the purposes of this Act anywhere within the corporate limits of said City.
Section 7. The City of Atlanta shall make available to the DeKalb County Board of Health the facilities of any quarantine or venera! disease hospital owned by said City wherever located for the benefit of the citizens of Atlanta who reside in DeKalb County without charge.

FRIDAY; FEBRUARY 16, 1951

973

The basis of charges to DeKalb County citizens residing outside the City of Atlanta shall be on the same basis as the charge made to residents of Fulton County residing outside the City of Atlanta.
Section 8. All laws or parts of laws in conflict with this Act are hereby repealed.
Section 9. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this Bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law.
The Substitute was adopted.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

SB 204. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act relating to Boards of Health, and for other purposes.
The following amendment to SB 204, was read and adopted:
AMENDMENT. TO SB 204
The DeKalb delegation moves to amend SB 204 by adidng a new section numbered 15 (a) to read as follows:
"15 (a). The said Board of Health shall assume supervision and control over the sanitary conditions of all slaughter houses, meat and meat food products, milk and its by-products, in such counties and shall have the power and authority to make such inspections of sources of supply wherever located. As far as practicable the standards recognized and approved by the United States Department of Agriculture and the United States Public Health Service for such meat and meat food products, milk and milk products, shall be adopted.
The said Board of Health shall render inspection services and enforcement at least equal to that furnished by any city lying wholly or partly within the county prior to the organization of said Board of Health for all meat and meat food products, milk and milk by-products and all other food.
The said Board of Health shall have power to adopt all rules and regulations necessary and appropriate to make effective the powers herein conveyed."
The report of the Committee, which was favorable to the passage of the. bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 116, nays 0.

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The bill, having received the requisite constitutional majority, was passed, as amended.

SR 54. By Senator Branch of the 47th:
A resolution to relieve J. L. Brooks from paying bonds, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 117, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SR 40. By Senator McLaughlin of the 3rd:
A resolution releasing Robert Lee Howe and J. M. Madray and J. M. Reddish, from payment of appearance bond, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 118, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 120. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the Act creating a Board of County Commissioners of Fulton County; to provide for election of all commissioners at the same time, and for other purposes.

The following amendment to SB 120, was read and adopted:
The Fulton Delegation moves to amend SB 120 as follows:
"By striking the word "majority" in line 12 of Section 4 and by inserting in lieu thereof the word "plurality".
"Amend the Caption Accordingly."
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 541. By Mr. Sheffield of Brooks:
A bill to be entitled an Act to repeal an Act to establish the City Court of Quitman, and for other purposes.

FRIDAY, FEBRUARY 16, 1951

975

The following Senate amendment to HB 541, was read:
An amendment to HB 541 by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows:
Section 6. That the question of whether this Act shall become effective shall be submitted to the qualified voters within Brooks County. Within ten days after the passage of this Act, it shall be the duty of the Ordinary of Brooks County to issue a call for a special election by the qualified voters within Brooks County, said election to be held in not less than twenty nor more than thirty days after the issuance of the call. The ballots shall have printed thereon the words:
"For an Act to abolish the City Court of Quitman."
and
"Against an Act to abolish the City Court of Quitman." If a majority of the qualified voters voting in said election shall vote for the Act, the Ordinary shall so certify, and the Act shall become effective immediately upon its ratification by the voters of the County, of same, following said election. If a majority of the voters voting in said election shall vote against the Act, the Ordinary shall so certify and the Act shall not become effective.

Mr. Sheffield of Brooks moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment was agreed to.

The following Resolution of the House was read and adopted:

HR 147. By Mr. Twitty of Mitchell:

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 5 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 to remain at the Capitol 20 days after the adjournment of the General Assembly for the purpose of completing records and the necessary work in his office. The Clerk is authorized to retain the help he was authorized to employ by a previous Resolution of the House for as much of said 20 days as to him may seem necessary and proper.
If conditions warrant the same, in the opinion of the Speaker, he may direct the clerk to open the Clerk's office, for such time as the Speaker deems expedient, the compensation of the Clerk for such period not to exceed one-fourth ( 1A,) of his per diem now fixed by law, which will include all necessary secretarial help.
BE IT FURTHER RESOLVED that the Chairman of the En-

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JOURNAL OF THE HOUSE,

grossing, Enrollment and Auditing Committees and 5 adidtional members of each of said committees, to be appointed by the Chairman and approved by the Speaker, are authorized to remain at the Capitol 5 days after adjournment for the purpose of checking the bills and auditing the expenses and doing whatever is necessary by the said Committees and the members herein authorized to remain.
BE IT FURTHER RESOLVED that the Post Mistress of the House be authorized to remain at the Capitol 2 days for the purpose "of forwarding members' mail.
BE IT FURTHER RESOLVED that the Chairman of the Penitentiary Committee be authorized to appoint a sub-committee to consist of not more than 6 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 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 10 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.

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

HB 7.

By Messrs. Cornelius and McKelvey of Polk:
A bill to amend an Act of the Code of 1933 as amended, wherein a "tax over one-half of one per cent", for ordinary current expenses" is prohibited from being levied by municipalities; and for other pur-
pose~.

HB 108. By Messrs. Johnson and Overby of Hall, Greer of Lanier, Durden of Dougherty, Nightingale of Glynn and Ray of Warren:
A bill to amend the Act making shares of State-chartered building and loan associations and Federal Savings and Loan Insurance Corporation legal investments for certain fiduciaries and corporations, etc., and for other purposes.

FRIDAY, FEBRUARY 16, 1951

977

HB 112. By Mr. Ramsey of Effingham:
A bill to amend an Act relating to the grounds for the granting of a total divorce, and for other purposes.

HB 185. By Messrs. Johnson of Hall, Wilkes of Cook and others:
A bill to provide for the giving of security by owners and operators of motor vehicles; and for other purposes.

HB 282. By Mr. McCracken of Jefferson:
A bill to amend an Act relating to the salary of the Secretary of the Georgia Public Service Commission, and for other purposes.

HB 371. By Mr. Sheffield of Brooks:
A bill to amend an Act to amend, consolidate and supersede the several Acts incorporating the City of Quitman, and for other purposes.

HB 400. By Messrs. McCracken of Jefferson, Ray of Warren and others:
A bill 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 Highway Officials, and for other purposes.

HB 422. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel:
A bill to amend an Act known as the "Aid to Dependent Children Act", and for other purposes.

HB 437. By Mr. Smith of Emanuel:
A bill to amend an Act establishing the Minimum Foundation Program of Education in Georgia, so as to equalize educational opportunities throughout the State and related financial and administrative procedures, and for other purposes.

HB 439. By Messrs. McCracken of Jefferson, Ray of Warren, Smith of Emanuel, and Hand of Mitchell:
A bill to amend an Act to establish a Minimum Foundation Program of Education in Georgia, by providing for an effective date of the Act, and for other purposes.

HB 440. By Messrs. McCracken of Jefferson, Ray of Warren, Smith of Emanuel, and Hand of Mitchell:
A bill to amend an Act to establish a Minimum Foundation Program of Education in Georgia, by fixing a budget for the Department of Education, and for other purposes.

978

JOURNAL OF THE HOUSE,

HB 443. By Messrs. Rogers of Heard, Stewart of Habersham and Murr of Sumter:
A bill to provide for an alternate method of reporting and collecting fertilizer tax, and for other purposes.

HB 447. By Messrs. Alverson and H. Smith of Fulton:
A bill to amend an Act incorporating the City of Manchester (Now the City of College Park), and for other purposes.
HB 448. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to repeal an Act incorporating the City of Manchester (now the City of College Park) ; to amend the Civil Service and Pension Law for City of College Park employees, and for other purposes.

HB 457. By Mr. Abney of Catoosa:
A bill to create a Board of Commissioners of Roads and Revenues for the County of Catoosa, and for other purposes.

HB 459. By Mr. Abney of Catoosa:
A bill to abolish the office of Commissioner of Roads and Revenue for the County of Catoosa, and for other purposes.

HB 476. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act establishing a new charter for the City of Atlanta; to provide for annexation of the Howell property; and for other purposes.

HB 489. By Mr. Raulerson of Pierce:
A bill to amend an Act incorporating the City of Blackshear; and for other purposes.

HB 493. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act establishing a new charter for the City of East Point, to provide for extension of city limits to include the Hemperly property; and for other purposes.

HB 494. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act establishing a new charter for the City of East Point; and for other purposes.

HB 495. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act establishing a new charter for the City of East Point; to provide that said city may contract with its officers and employees to continue compensation during disability, and for other purposes.

FRIDAY, FEBRUARY 16, 1951

979

HB 496. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act establishing a new charter for the City of East Point, to provide a public works department, and for other purposes.

HB 510. By Messrs. Duncan of Carroll and McCracken of Jefferson:
A bill to amend an Act to establish a Minimum Foundation Program for Education, so as to more clearly define the duties and authority of the State Board of Education in reference to vocational education, and for other purposes.

HB 519. By Messrs. Lovett and Hadden of Laurens: A bill to incorporate the Town of East Dublin, and for other purposes.

HB 520. By Messrs. Lovett and Hadden of Laurens:
A bill to amend an Act creating a new charter for the City of Dublin, and for other purposes.

HB 522. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to carry into effect in the City of Atlanta the provisions of an amendment establishing the Civil Court of Fulton County; to fix the salaries of the Clerk and Marshal of said Court, and for other purposes.

HB 528. By Messrs. Cornelius and McKelvey of Polk:
A bill to amend an Act to incorporate the City of Rockmart, and for other purposes.

HB 530. By Messrs. Harper and Bolton of Spalding:
A bill to amend an Act establishing the City Court of Griffin, and for other purposes.

HB 533. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to incorporate the City of Mountain Park, and for other purposes.

HB 540. By Mr. Wiggins of Stephens:
A bill to amend an Act incorporating the City of Toccoa, and for other purposes.

HB 552. By Mr. Tillman of Appling:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Appling, and for other purposes.

HB 553. By Messrs. Burkett and Vickers of Coffee:
A bill to amend an Act entitled "An Act to create the office of Commissioner of Roads and Revenues in the County of Coffee, and for other purposes.

980

JOURNAL OF THE HOUSE,

HB 554. By Messrs. Trapnell and Neville of Bulloch:
A bill to amend the Act providing for an increase in the salary of the Tax Commissioner of Bulloch County, and for other purposes.

HB 555. By Messrs. Trapnell and Neville of Bulloch:
A bill to amend an Act entitled "Clerk of Superior Court, Salary For" in counties having a population of not less than 25,675 nor more than 26,550, and for other purposes.

HB 557. By Messrs. Trapnell and Neville of Bulloch:
A bill to amend an Act which provides for the appointment of special criminal bailiffs in counties having a population of 35,000 or more by providing that such appointment shall be made in counties having a population of not less than 24,600 and not more than 24,950, and for other purposes.

HB 558. By Messrs. Abney and Campbell of Walker:
A bill to establish the City Court of Walker County, and for other purposes.

HB 559. By Mr. Clary of McDuffie:
A bill to repeal an Act to amend the original Act incorporating the Town of Thomson, and for other purposes.

HB 560. By Mr. Harrell of Grady:
A bill to amend the Charter of the City of Cairo, and for other purposes.

HB 561. By Messrs. Callier of Talbot, Sivell of Harris, Rollins and Biggers of Meriwether:
A bill to be entitled an Act to repeal a Planning District, for Meriwether, Harris and Talbot Counties, and for other purposes.

HB 564. By Messrs. Kidd and Parker of Baldwin:
A bill to amend an Act relating to additional duties of clerks of the Superior Court in counties having a population of not less than 29,700 and not more than 29,750, and for other purposes.

HB 567. By Mr. Simmons of Gilmer:
A bill to amend an Act creating a County Commissioner and an Advisory Board for the County of Gilmer, and for other purposes.

HR 17-89h. By Messrs. Hollis, Dicus and Pickard of Muscogee:
A resolution proposing an amendment to the Constitution with reference to advertising of notice of intention to apply for local legislation, and for other purposes.

FRIDAY, FEBRUARY 16, 1951

981

HR 21. By Messrs. Boone of Wilkinson, Kitchens of Twiggs and others:
A resolution to favor the erection of a suitable memorial for the late Congressman Dudley M. Hughes, and for other purposes.

HR 61-303a. By Messrs. Johnson and Overby of Hall:
A resolution that a joint committee of three members from the House and two members from the Senate be appointed to consult with the officials of neighboring states, etc., for the purpose of developing and promoting the poultry and eggs industry of the State of Georgia.

HR 123. By Messrs. Pickett of Pickens and Pittard of Clarke:
A resolution that the Supreme Court be requested to extend for three additional years the rule granting veterans of the armed forces of the United States five points on examination for admission to the bar, and for other purposes.

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

HB 31. By Messrs. Campbell of Oconee, Tamplin of Morgan, and others:
A bill requiring purchasers of milk or dairy products on a butter fat basis to make bi-weekly butter fat tests, and for other purposes.

Mr. Speaker:
The Senate has agreed to the House amendment of the following bill of the Senate, to wit:

SB 3.

By Senator Rawls of the lOth:
A bill to amend the Employees Retirement System Act; and for other purposes.

The Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House:
HB 310. By Messrs. Hood, McGee and Page, of Chatham:
A bill to amend an Act to create and organize Commissioners of Chatham County, and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:
HB 469. By Mr. Ball of Lamar:
A bill to amend, consolidate, create, revise and supersede the several Acts incorporating the City of Barnesville; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 498. By Messrs. Bell, Holley and Graham of Richmond:
A bill to provide for the appointment of an Assistant Solicitor of the City Court in all counties having a population of not less than 108,000 and not more than 112,000, and for other purposes.

HB 521. By Messrs. Bell, Graham and Holley of Richmond:
A bill to amend an Act so as to establish the salary of the stenographic reporter in counties having a city therein of not less than 71,000 or more than 73,000, and for other purposes.

HB 536. By Messrs. Graham, Holley and Bell of Richmond:
A bill to amend an Act to establish the salary of the Assistant Solicitors General of not less than 108,000 nor more than 112,000 population, and for other purposes.

HB 537. By Messrs. Bell, Graham and Holley of Richmond:
A bill to provide in all counties having a population under the 1950 U. S. Census of not less than 108,000 inhabitants nor more than 112,000, the fixing of the salaries of the Court Reporter and Bailiffs to the Superior Court Judge, and for other purposes.

HB 538. By Messrs. Bell, Graham and Holley of Richmond:
A bill to amend an Act to abolish the Justice Courts and the office of Justice of the Peace and Notary Public-ex-officio Justice of the Peace and the Office of Constable in the City of Augusta; and for other purposes.
HB 539. By Messrs. Bell, Holley and Graham of Richmond:
A bill to change from the fee system to the salary system in counties having a population of not less than 100,000 nor more than 110,000 certain elected officials, clerks and employees, and for other purposes.
HB 565. By Messrs. Graham, Bell and Holley of Richmond:
A bill to amend an Act to change from the fee to the salary system in counties having a population of not less than 100,000 nor more than 110,000 certain elected officials, clerks, employees, and for other purposes.
HB 586. By Messrs. Bell, Graham and Holley of Richmond: A bill to authorize the Commissioner of Roads and Revenues of Richmond County to supplement the salary of the Judge of the Superior Court of Augusta Circuit, and for other purposes.

HE 593. By Mr. Mishoe of Tattnall:
A bill to amend an Act to create a new charter for the City of Glennville in the County of Tattnall, so that the Mayor and Council shall have the right to name and appoint election managers and officials for elections held in said City, and for other purposes.

FRIDAY, FEBRUARY 16, 1951

983

The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:

HR 54-271c. By Messrs. Matthews and Pittard of Clarke, Smith of Emanuel, Ray of Warren, Campbell of Oconee and Tamplin of Morgan:
A Resolution proposing an amendment to provide for the creation of a State Medical Education Board, and for other purposes.

The following Senate amendments to HR 54-271c, were read:
Senators Mashburn, McLaughlin and Lancaster move that HR 54-271c be amended in the last sentence of Paragraph 8 by deleting the word "second" and inserting the word "third" and by inserting after the word "privileged" a comma and the words: "entirely at the discretion of the Board heretofore created", so that after amendment the last sentence of Paragraph 8 shall read as follows:
"After the third full year of practice or service within this State as herein provided, but not before the said aplicant shall be privileged, entirely at the discretion of the Board heretofore created, to pay all the balance of the scholarship loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship".
Senator Farrar of the 42nd District moves to amend HR 54-271c by adding an appropriate section thereto, which shall read as follows:
"From and after the passage of this Resolution the Superintendent of the Milledgeville State Hospital, with the consent and approval of the Director of the State Department of Public Welfare, is authorized to extend scholarships to physicians and other professional personnel employed at the Milledgeville State Hospital to enable them to take post graduate courses in various schools and clinics in the United States. Said scholarships shall not be extended to more than four members of the personnel in any one year, and the personnel to whom these scholarships are extended must, as a prerequisite thereto agree to work at least two years at the said Milledgeville State Hospital for each year spent in study. Provided further that no additional appropriation shall be made by the General Assembly to finance such scholarships, but the same shall be financed from the regular appropriation to the Milledgeville State Hospital."
Mr. Matthews of Clarke moved that the House agree to the Senate amendment.
On the motion, the ayes were 114, nays 0.
The Senate amendment was agreed to.
By unanimous consent, the following Bill of the House was withdrawn from further consideration by the House:

HB 562. By Mr. Bennett of Barrow:
A Bill to be entitled an Act to provide that in any municipality of this State of 300,000 population, the Mayor shall be ineligible to hold office longer than four years, and for other purposes.
The following Conference Committee Report # 1, on HB 26, was read:

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JOURNAL OF THE HOUSE,

Mr. President:
Mr. Speaker:
The Committee on Conference appointed to consider differences between the House and Senate on HB 26, beg leave to make the following report:
1. That the House recede from its position and accept the Senate amendment to said bill.
2. That said bill be further amended by adding the following to Section 3A to-wit:
The State Revenue Commissioner is authorized to make proper adjustment, credit or refund to all brewers, wine manufacturers, and wholesalers of either, who may have made advance payments of state tax prior to the effective date of this Act; the State Revenue Commissioner shall prescribe the form in which such applications shall be made; and all such applications shall be presented to said Commissioner within thirty days from the effective date of this Act.
Respectfully submitted,
Connell of the 6th Rawls of the lOth Grayson of the 1st
On the part of the Senate.
Short of Colquitt Brazeal of Terrell Baughman of Early
On the part of the House.
The Conference Committee Report was rejected.
Mr. Gowen of Glynn moved that the House appoint a second Committee of Conference on HB 26, the Wine Tax Bill, and the motion prevailed.
The following Bills of the House were taken up for the purpose of considering the Senate amendment thereto:

HB 469. By Mr. Ball of Lamar:
A Bill to be entitled an Act to amend an Act incorporating the City of Barnesville, and for other purposes.

The following Senate amendment to HB 469, was read:
Senator Jones of the 22nd offered the following amendment:
Amend HB 469 by adding to the caption thereof, before the words, "and for other purposes", the words, "to provide for a referendum".
Adding a new section thereto, to be numbered Section 45, which shall read as follows:
"That within 45 days from the date of the approval of this Act, the Mayor and Council of the City of Barnesville shall issue a call for a special election, at which this Act shall be submitted to the qualified voters of said city for ratificaton or rejection. The date of

FRIDAY, FEBRUARY 16, 1951

985

said election shall be fixed not less than 30 nor more than 60 days from the date of the issuance of the call thereof. Notice of the date of said election and the purpose thereof shall be published once a week for two weeks before the date of said election in the newspaper in which notices affecting the City of Barnesville are published. The Mayor and Council shall furnish the ballots for said election, and such ballots shall have thereon, "For ratification of an Act creating a new charter for the City of Barnesville," and "Against ratification of an Act creating a new charter for the City of Barnesville." Should a majority of the qualified voters voting in said election vote for the ratification of this Act, then it shall become of full force and effect. Should a majority of those persons voting in said election vote against the ratification of this Act, then it shall be void and of no force and effect. It shall be the duty of the Mayor and Council to consolidate and certify the results of said election, and the expense of said election shall be borne by the City of Barnesville."
Mr. Ball of Lamar moved that the House disagree to the Senate amendment, and the motion prevailed.

HB 498. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to provide for the appointment of an Assistant Solicitor of the City Court in all counties of a certain population, and for other purposes.

The following Senate amendment to HB 498, was read:
Senate Amendment to HB 498:
Committee on County and County Matters moves to amend HB 498 by: Adding a new section to be numbered "Section 2" and to read as follows:
"Provided, however that any of the provisions of this Act to the contrary notwithstanding, the salary increases provided for in the provisions of this Act shall not take effect until they shall have been approved by the Board of Commissioners of Roads and Revenues of the counties set out in this Act. Should said Board in any county covered by this Act fail to approve the salary schedule herein provided for the salaries heretofore provided for in said counties shall remain of force and effect,
And by renumbering Section 23 to "Section 24".
Mr. Graham of Richmond m,oved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment was agreed to.
HB 521. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to establish the salary of the stenographic reporter in counties having a certain population, and for other purposes.
The following Senate amendment to HB 521, was read:
Senate Amend to HB 521:

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JOURNAL OF THE HOUSE,

Committee on County and County Matters moves to amend HB 521 by: Adding a new section to be numbered "Section 5" and to read as follows:
"Provided, however, that any of the provisions of this Act to the contrary notwithstanding, the salary increases provided for in the provisions of this Act shall not take effect until they shall have been approved by the Board of Commissioners of Roads and Revenues of the counties set out in this Act. Should said Board in any county covered by this Act fail to approve the salary schedule herein provided for the salaries heretofore provided for in said counties shall remain of force and effect,
And by renumbering Section 23 to "Section 24".
Mr. Graham of Richmond moved that the House agree to the Senate amendment.
On the motion, the ayes were 104, nays 0.
The Senate amendment was agreed to.

HB 536. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to establish the salary of the Assistant Solicitor Generals in counties of a certain population, and for other purposes.

The following Senate amendment to HB 536, was read:
Senate Amendment to HB 536:
Committee on County and County Matters moves to amend HB 536 by: Adding a new section to be numbered "Section 2" and to read as follows:
"Provided, however, that any of the provisions of this Act to the contrary notwithstanding, the salary increases provided for in the provisions of this Act shall not take effect until they shall have been approved by the Board of Commissioners of Roads and Revenues of the Counties set out in this Act. Should said Board in any county covered by this Act fail to approve the salary schedule herein provided for the salaries heretofore provided for in said counties shall remain of force and effect.
And by renumbering Section 23 to "Section 24".
M;r. Graham of Richmond moved that the House agreed to the Senate amendment.
On the motion, the ayes were 105, nays 0.
The Senate amendment was agreed to.

HB 537. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to provide the fixing of the salaries of the Court Reported and Bailiffs to the Superior Court Judge, in counties of a certain population, and for other purposes.

The following Senate amendment to HB 537, was read:

FRIDAY, FEBRUARY 16, 1951

987

Senate Amendment to HB 537:
Committee on County and County Matters moves to amend HB 537 by: Adding a new section to be numbered "Section 3" and to read as follows:
"Provided, however, that any of the provisions of this Act to the contrary notwithstanding, the salary increases provided for in the provisions of this Act shall not take effect until they shall have been approved by the Board of Commissioners of Roads and Revenues of the counties set out in this Act. Should said Board in any county covered by this Act fail to approve the salary schedule herein provided for the salaries heretofore provided for in said counties shall remain of force and effect.
And by renumbering Section 23 to "Section 24".
Mr. Bell of Richmond moved that the House agree to the Senate amendment.
On the motion, the ayes were 106, nays 0.
The Senate amendment was agreed to.

HB 538. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to abolish the Justice Courts and the office of Justice of the Peace and Notary Public exofficio Justice of the Peace and the Office of Constable in the City of Augusta, and for other purposes.

The following Senate amendment to HB 538, was read:
Senate Amendment to HB 538:
Committee on Municipal Government moves to amend HB 538 by: Adding a new paragraph to Part 2 to be numbered "Paragraph 26" and to read as follows:
"Provided, however, that any of the provisions of this Act to the contrary notwithstanding, the salary increases provided for in the provisions of this Act shall not take effect until they shall have been approved by the Board of Commissioners of Roads and Revenues of the counties set out in this Act. Should said Board in any county covered by this Act fail to approve the salary schedule herein provided for the salaries heretofore provided for in said counties shall remain of force and effect.
And by renumbering Section 23 to "Section 24".
Mr. Graham of Richmond moved that the House agree to the Senate amendment.
On the motion, the ayes were 107, na,ys 0.
The Senate amendment was agreed to.

HB 539. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to change from the fee system to the salary system in counties of a certain population for elected officials, clerks and employees, and for other purposes.

988

JOURNAL OF THE HOUSE,

The following Senate amendment to HB 539, was read:
Senate Amendment to HB 539:
Committee on County and County Matters moves to amend HB 539 by:
Adding a new section to be numbered "Section 23" and to read as follows:
"Provided, however, that any of the provisions of this Act to the contrary notwithstanding, the salary increases provided for in the provisions of this Act shall not take effect until they shall have been approved by the Board of Commissioners of Roads and Revenues of the Counties set out in this Act. Should said Board in any County covered by this Act fail to approve the salary schedule herein provided for the salaries heretofore provided for in said Counties shall remain of force and effect.
and by renumbering Section 23 to "Section 24".
Mr. Graham of Richmond moved that the House agree to the Senate amendment.
On the motion, the ayes were 108, nays 0.
The Senate amendment was agreed to.

HB 565. By Messrs. Graham, Bell and Holley of Richmond:
A Bill to be entitled an Act to amend an Act to change from the fee to the salary system in counties of a certain population for elected officials, clerks, employees, and for other purposes.

The following Senate amendment to HB 565, was read:
Senate Amendment to HB 565:
Committee on County and County Matters moves to amend HB 565:
By adding a new Section to be numbered "Section 3" and to read as follows:
"Provided, however, that any of the provisions of this Act to the contrary notwithstanding, the salary increases provided for in the provisions of this Act shall not take effect until they shall have been approved by the Board of Commissioners of Roads and Revenues of the Counties set out in this Act. Should said Board in any County covered by this Act fail to approve the salary schedule herein provided for the salaries heretofore provided for in said Counties shall remain of force and effect.
and by renumbering Section 23 to "Section 24".
Mr. Graham of Richmond moved that the House agree to the Senate amendment.
On the motion, the ayes were 109, nays 0.
The Senate amendment was agreed to.

HB 586. By Messrs. Bell, Graham and Holley of Richmond: A Bill to be entitled an Act to authorize the Commissioner of Roads

FRIDAY, FEBRUARY 16, 1951

989

and Revenues of Richmond County to supplement the salary of the Judge of the Superior Court of Augusta Circuit, and for other purposes.

The following Senate amendment to HB 586, was read:
Senate Amendment to HB 586:
Senator Coleman of the 18th moves to amend HB 586 by striking the figure "$3400.00" appearing in line 7 of Section 1 and inserting in lieu thereof the figure "$700.00".
Mr. Graham of Richmond moved that the House agree to the Senate amendment.
On the motion, the ayes were 110, nays 0.
The Senate amendment was agreed to.

Under the regular order of business, the following Resolution and Bills of the Senate were taken up for consideration and read the third time:

SR 8. By Senator Strickland of the 38th:
A Resolution ratifying and approving the proposed amendment to the Constitution of the United States, relating to the terms of the office of President, 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 1.
The resolution, having received the requisite constitutional majority, was adopted.

SB 206. By Senators Carlisle of the 7th, Connell of the 6th and Duncan of the 34th:
A Bill to be entitled an Act to amend an Act relating to sinking fund to be established by the State Park Authority, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, nays 1.
The bill, having received the requisite constitutional majority, was passed.

SB 207. By Senators Carlisle of the 7th, Connell of the 6th and Duncan of the 34th:
A Bill to be entitled an Act to amend an Act relating to the powers and duties of the division of State Parks, and for other purposes.
The report 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.

990

JOURNAL OF THE HOUSE,

SB 199. By Senators Hargreaves of the 5th, Dean of the 46th and Connell of the 6th:
A Bill to be entitled an Act to authorize the Comptroller General in his capacity as such officer to determine whether the employees of his Department shall be under the State Merit System of Personnel, and for other purposes.
The report 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.

SB 80. By Senator Millican of the 52nd and Grayson of the 1st:
A Bill to be entitled an Act to provide that members of the Employees Retirement System of Georgia may transfer their credits to the Teachers' Retirement System, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 2.
The bill, having received the requisite constitutional majority, was passed.

SB 194. By Senators Williams of the 19th and Blalock of the 26th:
A Bill to be entitled an Act to amend an Act known as the "Old Age Assistance Act" to provide for the responsibility of financially able children to support needy parents applying for old age assistance, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:

HB 94. By Messrs. Overby of Hall, Bennett of Barrow, Duncan of Carroll, and many others :
A bill to amend the Peace Officers' Annuity and Benefit Fund Act of 1950, so as to make certain provisions regarding refunds, credit for service, payment of sums to the Board, provide for dates of applications; and for other purposes.
The Senate has agreed to the House amendments to the following bill of the Senate:

FRIDAY, FEBRUARY 16, 1951

991

SB 49.

By Senators Trotter of the 37th, Farrar of the 42nd, Ellard of the 31st:
A bill to repeal Section 26-1010 of Chapter 26 of the Code of Georgia 1933, which provides for the punishment for one found guilty of the offense of involuntary manslaughter, and to enact in lieu thereof a Section to be known as 26-1010 of Chapter 26 of the Code of Georgia 1933, so as to provide for the punishment of persons committing the offense of involuntary manslaughter; and for other purposes.

Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:

SB 88. By Senator Hawes of the 30th:
A Bill to be entitled an Act to prohibit the standing or walking or hiring another to place or throw in a motor vehicle of advertising matter relative to hotels, and for other purposes.
The report 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.

SB 190. By Senators Mashburn of the 33rd and Williams of the 21st:
A Bill to be entitled an Act to amend an Act known as the "Old Age Assistance Act", and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 1.
The bill, having received the requisite constitutional majority, was passed.
Mr. Page of Chatham moved that the House insist on its position and that

a Committee of Conference be appointed on the following bill of the House, and the motion prevailed :

HB 310. By Messrs. Hood and Page of Chatham:
A Bill to be entitled an Act to amend an Act to create and organize Commissioners of Chatham, and for other purposes.
The Speaker appointed as a Committee of Conference on HB 310, on the part of the House, the following members of the House, to-wit:
Messrs. McGee, Hood and Page of Chatham.

Mr. Twitty of Mitchell moved that the House recess until 1:30 o'clock, P. M., this afternoon and the motion prevailed.

The Speaker announced the House recessed until 1:30 o'clock, P. M., this afternoon.

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JOURNAL OF THE HOUSE,

AFTERNOON SESSION The Speaker called the House to order.

The following Resolution of the House was read:

HR 98-465a. By Mr. Kidd of Baldwin:
A Resolution dissolving the Tax Revision Committee, and for other purposes.

The following amendment to HR 98-465a, was read and adopted:
House Amendment to HR 98-465a:
Kidd of Baldwin moves to amend HR 98-465a by adding the following paragraph:
Be it further Resolved, by the House of Representatives, the Senate concurring that all books, pamphlets, records, supplies and office furniture of said committee be transferred to the Department of Revenue for use of the Research Division.
The Resolution, as amended, was adopted.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 491. By Messrs. H. Smith and M. Smith and Alverson of Fulton:
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; and for other purposes.

The Senate has adopted the report of the Committee of Conference on the following bill of the House.

HB 2.

By Messrs. Ray of Warren, Matthews of Clarke, Twitty of Mitchell, Key of Jasper; and others:
A bill to authorize the levy and collection of a general retailers sales tax; and for other purposes.

The president has appointed on the part of the Senate as another Conference Committee:
Mr. Speaker:
Senators Grayson of the 1st, Connell of the 6th and Rawls of the lOth.
The president has appointed another Committee of Conference on the following bill of the House:

FRIDAY, FEBRUARY 16, 1951

993

HB 26. By Messrs. Hopkins of Charlton, Adams of Brantley, Key of Jasper, and others:
A bill to regulate the making and manufacturing of and selling of domestic and foreign wines and for licensing of retail and wholesale dealers and wineries; and for other purposes.
The President appointed on the part of the Senate as a Conference Committee, Senators Connell of the 6th, Grayson of the 1st, and Rawls of the lOth.

The Senate has passed as amended by requisite constitutional majority the following bill of the House.
HB 255. By Mr. Matthews of Clarke:
A bill making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 593. By Mr. Mishoe of Tattnall:
A Bill to be entitled an Act to create a new charter for the City of Glennville, and for other purposes.

The following Senate amendment to HB 593, was read:
Senate Amendment to HB 593:
Senator Oliver of 54th District moves to amend HB 593; by
Striking from Section 21 as it is quoted in Section 4 of said HB the words, "Two Thousand Dollars" and inserting in lieu thereof the words, "Four Hundred Dollars", and by striking from said Section the words, "Fifteen Hundred Dollars" and inserting in lieu thereof the words, "Three Hundred Dollars".
Mr. Mishoe of Tattnall moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.
The Senate amendment was agreed to.

Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:

SB 178. By Senator Rawls of the lOth:
A Bill to be entitled an Act to amend an Act known as the "Unemployment Compensation Law", and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 103, nays 0. The bill, having received the requisite constitutional majority, was passed.

The following Bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 94. By Messrs. Overby of Hall, Bennett of Barrow, Duncan of Carroll, Green of Rabun and others:
A Bill to be entitled an Act to amend the Peace Officers' Annuity and Benefit Fund Act of 1950, and for other purposes.

The following Senate amendments to HB 94, were read:
Senate Amendment to HB 94:
Senator Millican of the 52nd moves to amend HB 94 by adding a new section to be known as Section 3a and reading as follows:
"Section 3a. Nothing in this Act shall make it mandatory for eligible participants in this Fund to become members of the Peace Officers Association of Georgia."
General Judiciary Committee moves to amend HB 94 by:
Striking from Section 3 the date "February 1, 1951" and inserting in lieu thereof the date "March 1, 1951".
Mr. Overby of Hall moved that the House agree to the Senate amendments.
On the motion, the ayes were 110, nays 1.
The Senate amendments were agreed to.

HB 31. By Messrs. Campbell of Oconee, Tamplin of Morgan, Dally of Walton and Cates of Burke:
A Bill to be entitled an Act requiring purchasers of milk or dairy products on a butter fat basis to make bi-weekly butter fat tests, and for other purposes.

The following Senate Substitute to HB 31, was read:

A BILL
To be entitled an Act requiring purchase of milk or dairy products on a butter fat basis to make butter fat tests, and to provide for the forwarding of the results of these tests to the seller and the retention of the sample from. which the test is made; to provide for using the results of these tests in evidence in the courts of this State, and to provide the penalty for any person, firm, or corporation failing to give this report or for giving any false report of the butter fat content of milk or dairy products or for manipulating in any way the butter fat test so as to give an incorrect per cent of butter fat; to make violations of this Act and regulations pursuant thereto a misdemeanor; to provide for the cancellation or suspension of the license of any person violating the provisions of the Act; and for other purposes.

FRIDAY, FEBRUARY 16, 1951

995

Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
SECTION 1. That on and after the passage of this Act all persons, firms or corporations purchasing milk or dairy products on a basis which includes the use of butter fat tests as a determining factor of the price shall use one of the following methods:
1. A representative sample of each producers milk shall be taken daily and tested for butter fat daily and computed daily.
2. A representative sample of each producers milk shall be taken daily and tested for butter fat daily. The average of these daily tests shall be used as the percentage of butter fat in the milk delivered for each pay period.
3. A representative sample of each producers milk shall be taken daily and held as a composite sample (with addition of approved preservatives) and this composite sample tested for butter fat not less than three (3) or more than eight (8) day intervals. The average of'these composite tests shall be used as the percentage of butter fat for the milk delivered in each pay period.
All butter fat tests shall be made in the manner now prescribed by law for making butter fat tests of all milk and dairy products and the result of these butter fat tests shall be returned once each week to those from whom the said milk or dairy products were purchased and said return shall bear the dates on which the samples were taken in determining the butter fat content.
In addition thereto, the returns shall show the identity of the producers and the person, firm or corporation making the test. A copy of each return shall be retained by those making the return for a period of sixty ( 60) days from the date of the return. The sample of milk or dairy products used in determining said butter fat content for each return shall be retained by those making the return for a period of forty-eight (48) hours after the date of the return.
SECTION 2. That the said butter fat content returns or the copies thereof may .be introduced in the Courts of this State as evidence
Of the reported or alleged butter fat content of the milk or dairy
products concerned.
SECTION 3. Any person, firm or corporation purchasing or selling milk or milk products on a basis which includes the use of butter fat tests as a determining factor of the price who shall be found guilty of failing to give the returns called for in Section 1 of this Act, or of giving any false statement, report or return of the butter fat content of the milk or dairy products bought or sold, or who shall be found guilty of in any way manipulating the butter fat test so as to give a higher or lower per cent of butter fat than the actual content in the milk or dairy products concerned, or of violating the rules and regulations made pursuant to this Act, shall be guilty of a misdemeanor and punished as for a misdemeanor; and further the permit or license of such person, firm or corporation shall be subject to suspension or cancellation of the Chief of Veterinarian Service of the Department of Agriculture.
SECTION 4. Provided that if any section, paragraph or clause

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JOURNAL OF THE HOUSE,

of this Act shall be held unconstitutional that it shall not affect the validity of the remaining parts of this act.
SECTION 5. All laws and parts of laws in conflict herewith are hereby repealed.
Mr. Campbell of Oconee moved that the House agree to the Senate Substitute.
On the motion, the ayes were 108, nays 1.
The Senate Substitute was agreed to.

HB 255. By Mr. Matthews of Clarke:
A Bill to be entitled an Act making provision for the licensure of applied psychologists through a State Board of Examiners of Psychologists, and for other purposes.

The following Senate amendment to HB 255, was read:
Senate Amendment to HB 255:
Senator Mashburn of the 33rd moves to amend HB 255 by striking the words Line 1 of Section 16 "every fifth year by January 1st" and insert in lieu thereof the words "during the month of January of each year".
Mr. Matthews of Clarke moved that the House agree to the Senate amendment.
On the motion, the ayes were 112, nays 0.
The Senate amendment was agreed to.

The following Conference Committee Report on HB 2, the Sales Tax Bill, was read and adopted:
Mr. President:
Mr. Speaker:
Your Committee on Conference appointed by the Senate and the House to confer on the differences between the two houses on HB 2 beg to report that they have tried to reach an agreement but have failed and respectively request that they be discharged by the House and by the Senate.
Grayson of the 1st Rawls of the lOth Connell of the 6th
On the part of the Senate.
Ray of Warren Key of Jasper Campbell of Oconee
On the part of the House.
The following Bill of the House was taken up for the purpose of considering the Senate amendments thereto:

FRIDAY, FEBRUARY 16, 1951

997

HB 2.

By Messrs. Ray of Warren, Matthews of Clarke, Twitty of Mitchell, Key of Jasper, Langdale of Lowndes, and many others:
A Bill to be entitled an Act to authorize the levy and collection of a general retailers sales and use tax, and for other purposes.

The following House amendment to the Senate amendments to HB 2, was read:
Mr. Ray of Warren moves to amend the Senate atru!ndment to HB 2 which reads as follows:
"Amend Section 4, Paragraph 12, which is second paragraph on Page 8 of engrossed bill line 5 after the word "interstate commerce" the following: "Provided that common carriers, including air lines, shall pay the tax according to this act upon all tangible personal property except the portion thereof attributable to materials, equipment and supplies for use in interstate commerce, to be determined and apportioned in accordance with the interstate and intrastate business of the carrier under rules and regulations prescribed by the State Revenue Commissioner," by striking all of said amendment except the following language:
"amend section 4, paragraph 4 which is the second paragraph on page 8 of the engrossing bill, line 5 after the word "interstate commerce" the following "and inserting in lieu of the stricken language:
"Provided, that common carriers including Airlines, Railroads, Motor Common Carriers and Steamship Lines regulated by the Public Service Commission, the Civil Aeronautic Board or the Interstate Commerce Commission or other regulatory authority shall pay the tax imposed by this Act upon all supplies, materials and other tangible personal property, except rolling stock, aircraft or floating equipment, which shall be taxed on the portion thereof attributable to use in this State to be determined and apportioned in accordance with the interstate and intrastate business of the carrier," so that said amendment as amended shall read as follows:
"Amend section 4, paragraph 4 which is the second paragraph on page 8 of the engrossing bill, line 5 after the word "interstate commerce" the following: "Provided, that common carriers including Airlines, Railroads, Motor Common Carriers and Steamship Lines, regulated by the Public Service Commission, the Civil Aeronautic Board or the Interstate Commerce Commission or other regulatory authority shall pay the tax imposed by this Act upon all supplies, materials and other tangible personal property, except rolling stock, aircraft or floating equipment, which shall be taxed on the portion thereof attributable to use in this State to be determined and apportioned in accordance with the interstate and intrastate business of the carrier."
Mr. Ray of Warren moved that the House adopt the House amendment to the Senate amendments.
On the motion, the ayes were 125, nays 0.
The House amendment to the Senate amendments was adopted.
The Speaker appointed as a second Committee of Conference on HB 26,

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JOURNAL OF THE HOUSE,

the Wine Tax Bill, on the part of the House, the following members of the House, to-wit:
Messrs. Short of Colquitt, Gowen of Glynn, and Smith of Emanuel.
Under the regular order of business, the following Bills and Resolutions of the Senate were taken up for consideration and read the third time:

SB 138. By Senators Chance of the 43rd, Akins of the 40th, and others:
A Bill to be entitled an Act to repeal an Act relating to compensation of stenographers and reporters in civil cases, and for other purposes.

The following Senate amendment to HB 138, was read:
Mr. Twitty of Mitchell moves to amend SB 138 by striking the figure 18 and inserting in lieu thereof the figure 15.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 119, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

SR 25. By Senator Harden of the 45th:
A Resolution to authorize the State Board of Corrections to reimburse T. J. Wells for damage done to his automobile by two escaped State Convicts, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 89, nays 33.
The resolution, having failed to receive the requisite constitutional majority, was lost.
Mr. Walker of Telfair gave notice that at the proper time he would move that the House reconsider its action in failing to pass SR 25.

SR 22. By Senator Willingham of the 39th:

A RESOLUTION
Proposing to the qualified voters an ameildment to Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia, so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, from five (5) mills on each dollar of the value of the property taxable in the State, to one-fourth ( ~ ) mill on each dollar of the value of the property taxable in the State; and for other purposes.
Be it resolved by the General Assembly of Georgia, and it is hereby resolved by authority of the same:

FRIDAY, FEBRUARY 16, 1951

999

SECTION 1
That upon the approval of this Resolution in the manner hereinafter provided, Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia be and the same is hereby amended by striking from said sub-section the following: "five (5) ", and substituting in lieu thereof the following: "one-fourth ( 14), so that said subsection, as amended, shall read as follows:
"The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth ( 14) mill on each dollar of the value of the property taxable in the State."

SECTION 2
Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or m>Ore newspapers in each Congressional District of this State, 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 ballot the words: "For amendment to Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia, so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, from five (5) mills on each dollar of the value of the property taxable in the State, to one-fourth ( 14) mill on each dollar of the value of the property taxable in the State". All persons opposing the adoption of said amendment shall have written or printed on their ballots the words: "Against amendment to Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia, so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, from five (5) mills on each dollar of the value of the property taxable in the State, to one-fourth ( 14) mill on each dollar of the value of the property taxable in the State". If the people shall ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

1000

JOURNAL OF THE HOUSE,

SECTION 3
That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Mr. Twitty of Mitchell moved that further consideration of the Resolution be postponed until January, 1952, and the motion prevailed.
The Resolution was postponed.

SB 154. By Senator Willingham of the 39th:

A Bill to be entitled an Act to amend an Act entitled "The Revenue-

Certificate 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 120, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendments to the following bills of the Senate:

SB 89.

By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta by extending the city limits; and for other purposes.

SB 91.

By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta to provide for creation of position of sanitary engineer; and for other purposes.

SB 93. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta amending the Police Pension Law to provide county police that come into city shall be given certain rights, benefits; and for other purposes.

SB 94. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta amending Fireman Pension Law to provide county firemen that come into city shall be given certain rights, benefits; and for other purposes.

SB 98. By Senator Millican of the 52nd:
A bill to ~;stablish a joint city of Atlanta-Fulton County Planning and Zoning Board of Appeals, to provide for membership, duties, powers; and for other purposes.

FRIDAY, FEBRUARY 16, 1951

1001

SB 101. By Senator Millican of the 52nd:
A bill to amend the cnarter of the City of Atlanta relating to the power to levy and collect taxes and fix the rate; to levy tax for school purposes; and for other purposes.

SB 104. By Senator Millican of the 52nd:
A bill to provide that Police Services in unincorporated areas of counties of 300,000 or more shall be rendered by largest municipality in county through contact with county; and for other purposes.

SB 111. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta to provide for establishment of Advisory Commission for Parks, for appointment of two assistant General Managers, to provide tax levy of lh mill for permanent improvements; and for other purposes.

SB 113. By Senator Millican of the 52nd:
A bill to prohibit counties of 300,000 or more for repa1rmg or maintaining roads, etc., within municipalities or any subdivision; to make certain exceptions; and for other purposes.

SB 118. By Senator Millican of the 52nd:
A bill to provide for counties of 300,000 or more assuming pension, obligations of county employees; and for other purposes.

SB 121. By Senator Millican of the 52nd:
A bill to require Commissioners of Roads and Revenues of all counties over 300,000 to supplement funds of County Board of Education; and for other purposes.

SB 123. By Senator Millican of the 52nd:
A bill to require candidates in counties over 300,000 to file record of conviction in state courts prohibiting candidates from posting political advertisements on streets and roads; to require a majority vote for election; and for other purposes.
SB 125. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta to provide that salaries can only be adjusted January to March of each year; provide limitation in Budget Commission and provide when limits are extended that licenses issued by County shall have same standing as if issued by city; and for other purposes.
SB 130. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta to give Mayor authority to suspend employees in classified service; to give appointing authority right to suspend or dismiss employee, subject to appeal to personnel board; and for other purposes.

1002

JOURNAL OF THE HOUSE,

SB 132. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta to allow tax Assessors and Receiver to occupy space at Fulton County Court House; and for other purposes.

SB 133. By Senator Millican of the 52nd:
A bill to amend the charter of the City of Atlanta to provide that any public transportation company operating wholly or in part in area annexed by city shall have certain rights; and for other purposes.

SB 135. By Senator Millican of the 52nd:
A bill to provide for rights of employees of Fulton County and the City of Atlanta who are transferred from one government to another, pertaining to salaries, credited services, retirement, and for other purposes.

SB 170. By Senator Millican of the 52nd:
A bill to establish a Metropolitan Planning District for Fulton and DeKalb County; to provide a Planning Commission for said district; to define the duties and powers of said Commission; and for other purposes.

SB 204. By Senator Millican of the 52nd:
A bill to amend an Act approved March 20, 1943 (Ga. Laws 1943, pp. 371-385) to provide such amendment shall apply to all counties having a population of 300,000 or more, located partly in such counties and partly in other counties and for other purposes.

The Senate has agreed to the House substitute on the following bills of the Senate:

SB 95.

By Senator Millican of the 52nd:
A bill to amend fire and police pension law in counties of 200,000 or more to provide for transfer of employees to other pension fund, transferring equity in the pension fund; and for other purposes.

SB 109. By Senator Millican of the 52nd:
A bill to provide the method, establishment, operation and ownership of all public parks in unincorporated areas of Fulton County; and for other purposes.

SB 203. By Senator Millican of the 52nd:
A bill to abolish the Department of Health and office of the Director of Public Health for the City of Atlanta; to require City of Atlanta to reimburse the Board of Health or similar agency of DeKalb County for services to the City of Atlanta located in DeKalb County; and for other purposes.
Mr. Freeman of Monroe moved that the House reconsider its action in postponing the following Resolution of the Senate until January 16, 1952.



FRIDAY, FEBRUARY 16, 1951

1003

SR 22. By Senator Willingham of the 39th:
A Resolution proposing an amendment to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, and for other purposes.
The postponement of SR 22, was reconsidered.

Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:

SB 144. By Senator Rawls of the lOth:
A Bill to be entitled an Act to make communications to ministers privileged, and for other purposes.
The report 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 10.
The bill, having received the requisite constitutional majority, was passed.

The following Resolution of the House was read:

HR 148. By Messrs. Dicus of Muscogee, Matthews of Clarke, Hollis of Muscogee, and Gardner of Dougherty:
A Resolution to provide for an inspection committee of certain Southern Universities for the purpose of making a comparative study for University System of Georgia, and for other purposes.
Mr. Adams of Evans moved that the Resolution be tabled, and the motion was lost.
The Resolution was adopted.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate:

SB 211. By Senator Coleman of the 18th:
A bill to amend the charter of the City of Augusta so as to include Forest Hills, Wheeler Heights, Kings Woods, Byndon Grove, Fairmont, and other territory adjacent thereto; to provide for a referendum, and for other purposes.

The Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House, to wit:

HB 2.

By Messrs. Ray of Warren, Matthews of Clarke, Twitty of Mitchell, Key of Jasper, and others:
A bill to authorize the levy and collection of a general retailers sales

1004

JOURNAL OF THE HOUSE,

and use tax, to provide the rate, to define words and terms, and for other purposes.

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

HB 501. By Messrs. Hollis, Discus and Pickard of Muscogee:
A bill amending the Charter of the City of Columbus so as to provide an insured pension place for officers and employees, and for other purposes.

HB 511. By Messrs. Bell, Holley, and Graham of Richmond:
A bill to establish, maintain and conduct Boys' Farm Adventure of Richmond County, Georgia, and for other purposes.

HB 518. By Messrs. Lovett and Hadden of Laurens:
A bill governing the collection of costs, fines and for forfeitures in the City Court of Dublin, and for other purposes.

HB 566. By Messrs. Bell and Graham of Richmond and Tarbutton of Washington:
A bill to amend an Act to incorporate the Augusta and Waynesboro Railroad, and for other purposes.

HB 5,68. By Messrs. Abney and Campbell of Walker:
A bill to amend the Charter of the City of Rossville, and for other purposes.

HB 569. By Messrs. Abney and Campbell of Walker:
A bill to amend the Charter of the City of Rossville; to prescribe the duties of the Mayor, and for other purposes.

HB 576. By Mr. Boggus of Ben Hill:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues for Ben Hill County, as amended, so as to provide for staggered terms for the members of said Board, and for other purposes.

HB 578. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act providing a pension system for county policemen and firemen in counties having a population of 200,000 or more, and for other purposes.

FRIDAY, FEBRUARY 16, 1951

1005

HB 579. By Mr. Mangum of Columbia:
A bill to amend an Act to create and establish a new charter for the Town of Harlem, and for other purposes.

HB 580. By Messrs. Alverson, H. Smith, and M. Smith of Fulton:
A bill to amend an Act to supplement the salaries of the Judges of the Superior Court of Fulton County as paid by the State, etc., and for other purposes.

HB 581. By Messrs. Bell, Mackay and McWhorter:
A bill to create a Civil Service System in DeKalb County, and for other purposes.

HB 582. By Messrs. Bargeron and Cates of Burke:
A bill to create a new charter for the Town of Girard, and for other purposes.

HB 584. By Mr. Jessup of Bleckley:
A bill to authorize closing of certain streets and alleys in the City of Cochran, and for other purposes.

HB 583. By Messrs. Lovett and Hadden of Laurens:
A bill to amend an Act creating a new charter for the City of Dublin so as to describe and redefine the new corporate limits of said city, and for other purposes.

HB 585. By Messrs. Bargeron and Cates of Burke:
A bill to authorize the Board of Commissioners of Roads and Revenues of Burke County to supplement the salary of the Judges of the Superior Court of Augusta Circuit, and for other purposes.

HB 587. By Mr. Aycock of Jenkins:
A bill to provide for the Coroner of Jenkins County to receive a salary of $800.00 per annum in lieu of fees now received; and for other purposes.
HB 588. By Messrs. McWhorter, Bell and Mackay of DeKalb, Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act to provide for the use of Voting machines, for casting, registering and recording and computing ballots or votes at all elections, including primaries, in any and all counties having a population of 300,000 inhabitants or more, and for other purposes.

HB 589. By Messrs. Pittard and Matthews of Clarke:
A bill to amend an Act entitled an Act to create a Board of CoDlllDissioners of Roads and Revenues for the County of Clarke, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 591. By Messrs. Bell, Graham and Holley, of Richmond:
A bill to amend an Act so as to provide that the Probation Officer of the Superior and City Court of Richmond County, Georgia are named as county employees and are included in the Pension Act, and for other purposes.

HB 592. By Messrs. Johnson and Overby of Hall:
A bill to amend an Act to amend the charter of the City of Gainesville, to provide for the establishment of a Civil Service Board, and for other purposes.

HB 600. By Messrs. Brantley and Adams of Upson:
A bill to amend an Act relating to the fees of Coroners and Jurors in certain counties, so as to change the population figures contained therein, and for other purposes.

HB 601. By Messrs. Graham, Holley and Bell, of Richmond:
A bill to amend an Act so as to abolish the Office of Public Safety Commissioner of the City of Augusta, and for other purposes.

HB 602. By Mr. Wilkes of Cook:
A bill to amend an Act entitled "Adel, City of, Incorporated," and for other purposes.

HR 83-361h. By Mr. Green of Rabun:
A Resolution to authorize the Governor and Director of the Department of Parks, to negotiate with the Ordinary of Rabun County, for the purpose of trading or swapping certain lands within the County of Rabun, and for other purposes.

HR 91-402a. By Mr. Harris of Wayne:
A Resolution cancelling execution issued on a bond forfeiture by City Court of Jesup, and for other purposes.

HB 6.

By Messrs. Twitty of Mitchell, Bargeron of Burke, and others:
A bill to repeal an Act with reference to application of rates and schedules of tax collectors, and for other purposes.

HB 131. By Messrs. Murphy of Haralson and Overby of Hall:
A bill to repeal an Act relating to compensation of Court Reporters, and for other purposes.

HB 188. By Messrs. Twitty of Mitchell and Durden of Dougherty:
A bill to compensate A. C. Simmone, for injuries sustained by Lanora Simmone, and for other purposes.

FRIDAY, FEBRUARY 16, 1951

.1007

HB 256. By Messrs. Ursrey of Jeff Davis, Rogers of Heard and others: A bill to govern Sanitation in Eating Places, and for other purposes.

HB 265. By Messrs. Leach of Rockdale, Best of Clay and Lavender of Elbert:
A bill to amend an Act which relates to the compensation of County Superintendent of Schools, and for other purposes.

HB 279. By Mr. Kemp of Clayton:
A bill to amend an Act entitled "Same; compensation of commissioners and clerks for revising jury lists", and for other purposes.

HB 302. By Messrs. Jordan of Wheeler, Langdale of Lowndes, Hilton of Montgomery and Gillis of Treutlen:
A bill to amend an Act to abolish the Department of Forestry; to create a State Forestry Commission, and for other purposes.

HB 322. By Messrs. Langdale of Lowndes and Stewart of Habersham:
A bill to create an Agricultural Commodities Authority, etc., and for other purposes.

HB 328. By Messrs. Brannen of Dooly, Stewart of Habersham, Kemp of Clayton, Kitchens of Twiggs, Jessup of Bleckley; and many others:
A bill to provide for the issuance by the State Revenue Commission of Special License Tags to Motor Vehicle owners who operate amateur radio stations, and for other purposes.

HB 357. By Messrs. Covington, Scoggin and Hall of Floyd, Vandiver, Clay and Wood of Bibb:
A bill creating the State School Building Authority for the Deaf and Blind, and for other purposes.

HB 361. By Mr. McCracken of Jefferson:
A bill to amend the Motor Common Carriers Act, by providing for the application of the said Chapter to certain taxicabs, etc., and for other purposes.

HB 381. By Messrs. Stewart of Habersham, Otwell of Forsyth, Ursrey of Jeff Davis, Kemp of Clayton, and many others:
A bill to authorize and direct the Georgia Department of Commerc~ to establish and maintain welcome information stations at the main highway entrances into this State, and for other purposes.

HB 398. By Mr. Cates of Burke:
A bill to amend an Act so as to provide that prisoners committed to the Milledgeville State Hospital for the Insane shall remain at said hospital until their sanity is restored, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 416. By Messrs. Tarbutton of Washington, Nightingale and Gowen "of Glynn:
A bill to amend an Act to authorize the Jekyll Island State Park Authority to enter into a contract for the building of a bridge across Jekyll Creek to be operated as a Toll Bridge, and for other purposes.

HB 424. By Messrs. Campbell of Oconee, Gillis of Treutlen, and others:
A bill to amend an Act known as the Soil Conservation Districts Law, and for other purposes.

HB 517. By Messrs. Tarbutton of Washington, Gowen and Nightingale of Glynn:
A bill to amend an Act entitled "Jekyll Island State Park Authority Act", and for other purposes.

HB 548. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:
A bill to amend an Act known as the Minimum Foundation Program; to provide for use of Capital Outlay fund and for other purposes.

HB 549. By Messrs. Hand and Twitty of Mitchell:
A bill to aid in the prosecution of the war by authorizing housing authorities to develop or administer projects to provide housing for persons engaged in war industries and activities and to cooperate with Federal Government in making such housing available for such persons, and for other purposes.

HB 595. By Messrs. McCracken of Jefferson and Graham, Bell, and Holley of Richmond:
A bill authorizing the State Board of Health to lease, build, construct, maintain and operate a general hospital at Augusta, Georgia, and for other purposes.

HB 603. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act establishing a new charter for the City of East Point; to authorize the City of East Point to dismantle, tear down and remove condemned property at the owner's expense, and for other purposes.
HR 23-129e. By Messrs. Stocks of Lee and Murr of Sumter:
A Resolution to compensate W. T. Beauchamp out of the funds of the Departm~nt of Public Safety for injuries sustained in accident while on duty, and for other purposes.
HR 24-129f. By Mr. Twitty of Mitchell:
A Resolution to compensate Mr. and Mrs. Nathan Tanenbaum for injuries sustained due to negligence in the operation of a truck of the State Highway Department, and for other purposes.

FRIDAY, FEBRUARY 16, 1951

1009

HR 34-189a. By Messrs. Bargeron and Cates of Burke:
A Resolution to compensate Sgt. B. L. Sentell for damages to his automobile, and for other purposes.

HR 37-189d. By Mr. Wiggins of Stephens:
A Resolution to compensate Mr. Marvin Ariail for damages to his automobile, when hit by a vehicle owned by the Dept. of Public Safety and driven by a member of the Georgia State Patrol.

HR 74-331d. By Mr. Mishoe of Tattnall:
A Resolution authorizing payment to Mr. F. L. Pearson and Mr. D. B. Wilds for the loss of cattle and for other purposes.
The Senate has read and adopted the following Resolution of the House, to wit:

HR 98-465a. By Mr. Kidd of Baldwin: A Resolution dissolving the Tax Revision Committee.

The Speaker appointed as a second Committee of Conference on HB 2, the Sales Tax Bill, on the part of the House, the following members of the House, to-wit:
Messrs. Ray of Warren, Key of Jasper, and CamiiJbell of Oconee.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 491. By Messrs. H. Smith, M. Smith and Alverson of Fulton:
A Bill to be entitled an Act to authorize the City of Atlanta to accept cash bonds from persons charged with a violation of the ordinances against City of Atlanta, and for other purposes.

The following Senate amendment to HB 491, was read:

Senator Millican moves to amend HB 491 by adding the following section, to be appropriately numbered:
"Section 4. The heads of Departments herein designated, to-wit:
Airport Manager Auditorium Manager Inspector of Buildings City Clerk Building Superintendent Chief of Construction Superintendent of Electrical Affairs Director of Public Health Municipal Revenue Collector Garage Superintendent Purchasing Agent

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JOURNAL OF THE HOUSE,

Prison Superintendent Parks General Manager Treasurer Tax Collector Water Works General Manager City Traffic Engineer City Comptroller
shall hereafter be elected by a majority vote of the General Council upon nominations of the Mayor, provided, however, that any incumbent serving at the time of the passage of this amendment shall continue to be elected by the General Council without the necessity of nomination by the Mayor until his death, resigrtation or retirement. Present and future incumbents shall hold office until the expiration of their terms of office and until their successors are elected and qualified."
Senator Millican of the 52nd moves to amend HB 491 by adding therett> a new section to be appropriately numbered as follows:
SECTION 5. When the corporate limits of the City are extended so as to include therein businesses, professions and trades wherein one or more individuals so engages are required to stand an examination as a condition precedent to the obtaining of a license, and who have been previously granted such a license by the governing authorities of the County, such licenses shall have the same dignity and standing as if they had been granted by the City of Atlanta. Such licenses shall include but not be limited to plumbers, electricians and motion picture operators. Electricians, as herein defined, shall mean those maintaining a fixed place of business within said extended area at the time such area is included within the corporate limits of said City.
Further amend by numbering Section 4 of said Bill to read Section 7 and numbering Section 5 of said bill to read Section 8.
Senator Millican of the 52nd moves to amend HB 491 by adding another section to be appropriately numbered as follows:
Section 6. In addition to the group life insurance provided for by this Charter as amended, the Mayor and General Council are authorized to contract for additional group life insurance not to exceed $1,500.00 on the lives of each officer or employee of the City in such groups and in such classifications of amounts of insurance as it deems proper, provided that the payment by the officer or employee shall not exceed 70 cents per thousand per month. The balance of the cost required to pay for such group insurance shall be paid by the City of Atlanta except as to those employed by the Board of Education which shall be paid by the Board of Education from appropriations made to that department. No officer or employee shall be compelled to take such additional insurance but if he voluntarily elects to do so the Comptroller shall be authorized to deduct the contributions of such officer or employee from the salary or wages of the officer or employee so insured if he is an employee of the City and the Board of Education is authorized to deduct the contributions of their employees.
Mr. Alverson of Fulton moved that the House agree to the Senate amendment.
On the motion, the ayes were 103, nays 0.

FRIDAY, FEBRUARY 16, 1951

lOll

The Senate amendment was agreed to.
Under the provisions of HR 61-303a, the Speaker appointed as a Committee on the part of the House to investigate the laws of the State of Florida in reference to Egg and Poultry Industry, the following members of the House, to-wit:
Messrs. Johnson and Overby of Hall, and Wilkes of Cook.

The following Resolution of the House, was read:

HR 149. By Mr. Stewart of Habersham: A Resolution providing for a Committee to help meet farm labor needs in Georgia and to provide funds for such Committee, and for other purposes.
The Resolution was lost.
The following Resolutions of the House were read and adopted:
HR 150. By Messrs. Twitty of Mitchell and Greer of Lanier: A Resolution to dissolve the Water Improvement Committee this 16th day of February, 1951.
HR 151. By Messrs. Twitty of Mitchell and Ray of Warren: A Resolution rescinding the time of adjournment and the date of February 19th, 1951 at 6:00 P. M. be adopted in lieu thereof.
The following message was received from the Senate through Mr. Stewart, the Secretary.thereof: Mr. Speaker:
The Senate insists on its position on HB 2, Sales Tax, and appoints as a second Committee of Conference on the part of the Senate the following Senators, to wit:
Senator Connell of the 6th, Senator Grayson of the 1st, Senator Henry Grady Rawls of the lOth.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendments to the following bills of the Senate, to wit:

SB 120. By Senator Millican of the 52nd:
A bill to amend the Act creating Board of County Commissioners of Fulton County; to provide for election of all commissioners at same time, to reduce membership on Board from five to three; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 138. By Senators Chance of the 43rd, Akins of the 40th, Wall of the 9th and Connell of the 6th:
A bill to repeal Code Section 24-3103 of the 1933 Code (Acts 1876, page 133) relating to compensation of reporters in civil cases and to enact a new code section fixing new rates and for other purposes.

The Senate has read and adopted the following Resolution:

SR 72. By Senator Willingham of the 39th:
A resolution commending Mr. Lester for his efforts in connection with the Tax Revision Committee.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has agreed to the 2nd Conference Committee report to the following bill of the House, to wit:
HB 26. By Mr. Hopkins of Charlton and others: A bill to regulate the making and manufacturing of domestic and foreign wines, and for licensing of retailers and wholesalers, and for other purposes.
Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:

SB 75. By Senators Millican of the 52nd and Stephens of the 50th:
A bill to be entitled an Act to create within the Department of the Secretary of State a Commission to be known as the Georgia Historical Commission, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 1.
The bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Resolution of the House was withdrawn from further consideration by the House:

HR 150. By Messrs. Twitty of Mitchell and Greer of Lanier:
A resolution to dissolve the Water Improvement Committee this 16th day of February, 1951.

The following Conference Committee Report No. 2, on HB 26, the Wine Tax Bill, was read:
Mr. President:
Mr. Speaker:
The Committee on Conference appointed to consider differences between the House and Senate on HB 26, beg leave to make the following report:

FRIDAY, FEBRUARY 16, 1951

1013

1. That the Senate recede from its position with reference to the amendment to paragraph (c) of Section 2 and that said amendment be striken.
2. That said bill be further amended by adding the following to Section 3A, to-wit:
The State Revenue Commissioner is authorized to make proper adjustment, credit or refund to all brewers, wine manufacturers, and wholesalers of either, who may have made advance payments of state tax prior to the effective date of this Act; the State Revenue Commissioner shall prescribe the form in which such applications shall be made; and all such applications shall be presented to said Commissioner within thirty days from the effective date of this Act.
Respectfully submitted,
Connell of the 6th Rawls of the lOth Grayson of the 2nd On the part of the Senate
Gowen of Glynn Short of Colquitt Smith of Emanuel On the part of the House
Mr. Gowen of Glynn moved that the House adopt the Second Report of the Committee of Conference.
On the motion, the ayes were 126, nays 0.
The Second Conference Committee Report was adopted.

Under the regular order of business, the following Resolution of the Senate was again taken up for consideration:

SR 22. By Senator Willingham of the 39th:

A resolution proposing an amendment to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, and for other purposes.

Mr. Pittard of Clarke moved that the resolution be postponed until January, 1952, and the motion was lost.

The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.

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

Those voting in the affirmative were Messrs. :

Adams of Brantley Adams of Evans Alverson Aycock Ball Barber of Colquitt Barber of Jackson Battles

Bell of DeKalb
Bell of Richmond Bentley Biggers Birdsong Boggus Brannen Brantley

Britton Burgamy Callier Carr Cates Clark Clary Coffin

1014

JOURNAL OF THE HOUSE,

Cornelius Covington Cranford Deen Dews Dicus Duncan Durden Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Greer Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harper Harris Hawkins Henderson Herrin

Hilton Holley Hollis Hood Huddleston lvey Jackson Jessup Johnson of Hall Jones of Bartow Jones of Lumpkin Jordan Kelley Kemp Kennedy Kidd King Kitchens Knight Lam Langdale Lavender Lewis of Greene McKelvey Mackay Mangum Murphy Murr Musgrove Nelson Overby Owens Page Parker

Register Risner Robertson of Dawson Rogers Rollins Rowland Scott Scoggin Sheffield Sivell Smiley M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stewart Stocks Sumner Tarbutton Tarpley Terry Tillman Tippens Todd Tumlin Turk Waldrop Walker of Telfair Weems White Whitworth Wiggins Wilkinson Williams of Cobb

Those voting in the negative were Messrs.:

Abney of Catoosa Abney of Walker Bargeron Baughman Beasley Bennett Black Boone Brooks Campbell of Oconee Campbell of Walker Claxton Dally Dorsey

Durham Griffith Harrell Lanier Leach Lewis of Hancock Lovett McCracken Me W h o r t e r Matthews Mims Mull Newman Nightingale

Pickett Pittard Ramsey Raulerson Short Tamplin Trapnell Ursrey Vickers Walker of Crawford Wheeler Williams of Houston Willingham

Those not voting were Messrs.: Adams of Upson, Barrett, Best, Bolton, Brazeal, Burkett, Byrd, Clay, Coogle, Deason, Denton, Hopkins, Johnston, Jolly, Key, Little, McGarity, McGee, Mishoe, Neville, Otwell, Peacock, Pickard, Ray, Robertson of Coweta, Simmons, Smith of Bryan, Smith of Carroll, Smith of Emanuel, Stevens of Marion, Twitty, Vandiver, Warren, Wilkes, Willis, Wood, Wooten, Wright, and Mr. Speaker.

FRIDAY, FEBRUARY 16, 1951

1015

By unanimous consent, verification of the roll call was dispensed with.
Mr. Freeman of Monroe moved that the resolution be tabled and the motion prevailed.
Mr. Mims of Miller moved that the resolution be taken from the table, and the motion prevailed.
On the adoption of the resolution, the ayes were 125, nays 41.
The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
Mr. Freeman of Monroe gave notice that at the proper time he would move that the House reconsider its action in failing to adopt the resolution.

The following Resolution of the Senate was read and adopted:

SR 72. By Mr. Willingham of the 39th:
A resolution thanking Mr. William Lester for his efforts in connection with the Tax Revision Committee, and for other purposes.

The following Resolution of the House was again taken up for consideration and adopted:

HR 137. By Mr. Langdale of Lowndes:
A resolution providing for a sub-committee from the Game and Fish Committee of the House to visit, inspect, study and compile information and make report on the conservation and protection of game and fish, and for other purposes.

Under the regular order of business, the following Bills of the Senate were taken up for consideration and read the third time:

SB 137. By Senators Duncan of the 4th and Williams of the 19th:
A bill to be entitled an Act to amend an Act relating to the petition by the administrator to the Ordinary for an order to sell land and the notice required therefor, and for other purposes.
The report 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.

SB 46. By Senator Millican of the 52nd:
AN ACT
To propose to the qualified voters of Georgia an amendment to Article 13, Section 1, Paragraph 1, of the Constitution of Georgia so as to authorize the submission of amendments to the Constitution that affects only a county or counties, or a municipality, to be submitted only to the voters of such county or counties, municipality or munici-

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JOURNAL OF THE HOUSE,
palities, that are to be affected by the amendment; to provide a method of submission; to provide for the submission of this 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 13, Section 1, Paragraph 1, shall be amended by adding at the end thereof a new Paragraph in the following words, to-wit:
"Provided, however, that proposed amendments to the Constitution which only affect or apply to one or more counties, or one or more municipalities, shall only be submitted to the voters of the county or counties or to the voters of the municipality or municipalities, which the proposed amendment affects or applies. If the amendment affects more than one county or more than one municipality the total vote of the area shall be consolidated and a majority of the whole vote shall be required as a condition precedent to ratification. Such proposed amendment shall be published in one newspaper in the county or counties affected, or of the county or counties in which the municipality affected is located, for two months previous to the time of holding the next general election, and shall be submitted to the people in such county or counties or municipality or municipalities at the next general election and if ratified by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, such amendment shall become a part of this Constitution".
SECTION 2.
Be it further enacted by the authority aforesaid, that when said amendment shall be agreed to by two-thirds vote of the members of each House, with the "ayes" and "nays" thereon, and published in one or more newspapers in each Congressional District in this State for two months previous to the time for holding the next general election, at which proposed amendments to the Constitution of this state may be voted on, and shall at said general election be submitted to the people for ratification. All persons voting at said election in favor of adopting the said proposed amendment to the Constitution, shall have written or printed on their ballots the words, "For ratification of amendment to Article 13, Section 1, Paragraph 1, of the Constitution providing for the submission of amendments to the Constitution that affect only a county or counties, municipality or municipalities", and all persons opposed to the adopting of said amendment shall have written or printed on their ballots the words "Against ratification of amendment to Article 13, Section 1, Paragraph 1, of the Constitution providing for the submission of amendments to the Constitution that affect only a county or counties, municipality or municipalities", and if a majority of the electors qualified to vote for members of the General Assembly, voting thereon, shall vote for the 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 13, Section 1, Paragraph 1, of the Constitution of the State, and the Governor shall make a proclamation therefor, as provided by law.

FRIDAY, FEBRUARY 16, 1951

1017

SECTION 3.
All laws and parts of laws in conflict herewith are hereby repealed.

The following Committee amendment to SB 46, was read and adopted:

COMMITTEE AMENDMENT TO SB 46

To be added at the end of Section 1:

Provided, however, that where the corporate limits of any municipality extend into two or more counties, no amendment to the Constitution affecting such counties shall be ratified unless such amendment to the Constitution shall have received the required majority of votes cast in each of the counties affected, nor shall this amendment alter or amend the provisions of Paragraph 4, Section 1 of Article XI of the Constitution of the State of Georgia of 1945.

The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.

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

Those voting in the affirmative were Messrs. :

Abney of Catoosa Abney of Walker Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bennett Bentley Best Biggers Birdsong Black Boggus Brannen Brantley Britton Brooks Burkett Byrd Callier Campbell of Walker Carr Cates

Clark Clary Claxton Coffin Cornelius Covington Cranford Dally Deen Dews Dicus Dorsey Durden Durham Fears Flynt Freeman Gardner Gary Graham Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Hadden Hall of Floyd Hall of Toombs Harper Harrell Hawkins

Henderson Herrin Holley Hollis Hood Huddleston Ivey Jackson Jessup Johnson of Hall Johnston Jones of Bartow Jones of Lumpkin Kelley Kennedy King Kitchens Knight Lam Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Lovett McCracken McGee McKelvey Mackay Mangum Matthews

1018

JOURNAL OF THE HOUSE,

Mims Mull Murphy Murr Musgrove Nelson Neville Newman Nightingale Overby Owens Page Parker Peacock Pickett Pittard Ramsey Raulerson Ray Register Risner

Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Scott Scoggin Sheffield Short Sivell Smiley Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stocks Sumner Tamplin Tarbutton Tarpley Terry

Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkinson Williams of Cobb Williams of Houston Willingham

Those not voting were Messrs.: Adams of Brantley, Bargeron, Bolton, Boone, Brazeal, Burgamy, Campbell of Oconee, Clay, Coogle, Deason, Denton, Duncan, Edenfield, Garrard, Gillis, Gowen, Green of Cherokee, Guthrie, Hale, Harris, Hilton, Hopkins, Jolly, Jordan, Kemp, Key, Kidd, Little, McGarity, McWhorter, Mishoe, Otwell, Pickard, Simmons, Smith of Bryan, Smith of Carroll, Stevens of Marion, Stewart, Vandiver, Walker of Crawford, Warren, Wilkes, Willis, Wood, Wooten, Wright, and Mr. Speaker.

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

On the passage of the bill, as amended, the ayes were 158, nays 0.

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

Under the regular order of business, the following Resolution of the House was taken up for consideration and adopted:

HR 93-402c. By Messrs. Warren of Washington, Freeman of Monroe, Rowland of Johnson, Tumlin of Bartow, and Green of Cherokee:
A resolution to encourage the State Highway Department to pay the Highway laborers the minimum wage of seventy-five cents per hour, and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof: Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:
SB 46. By Senator Millican of the 52nd: A bill proposing an amendment to the Constitution to provide that

FRIDAY, FEBRUARY 16, 1951

1019

proposed amendments shall be submitted to the voters in the County or counties where the proposed amendments affects or applies; and for other purposes.

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

SR 73. By Senator Grayson of the 1st:
A resolution, the House concurring, that the General Assembly do recess at 8 o'clock P. M., February 16, 1951 to reconvene on the Second Monday in January, 1952, at 10 o'clock A. M.

The following Resolution of the Senate was read and adopted:

SR 73. By Senator Grayson of the 1st:
A resolution, the House concurring, that the General Assembly do recess at 8 o'clock P. M., February 16, 1951, to reconvene on the Second Monday in January, 1952, at 10:00 o'clock A. M.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The following resolution of the Senate has been read and adopted:

SR 74. By Senator Grayson of the 1st:
A resolution that the General Assembly continue in session until 9:30 tonight.

The following Resolution of the Senate was read and adopted:

SR 74. By Senator Grayson of the 1st:
A resolution that the General Assembly continue in session until 9:30 o'clock tonight.

The following Conference Committee Report No. 2, on HB 2, the Sales Tax Bill, was read:
Mr. President:
Mr. Speaker:
The Committee on Conference appointed to consider differences between the House and Senate on HB 2 beg leave to make the following report,
1. The Senate recedes from its position as to the amendment to Section 3, Sub-Section 2 (d), and agrees to substitute for said section the following, to-wit:

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JOURNAL OF THE HOUSE,

"Sales to the State of Georgia, County, Municipality or political subdivision of said State where such sales are made directly to and for the exclusive use of such State, County or Municipality together with sales to charitable hospitals, municipal or county hospital authority which do not make any charge or collect any fee for services and are supported entirely by public revenue, donations or endowments."
2. The Senate recedes from its position as to the amendment to Sub-Section 2 (e) ~f Section 3, and agrees to substitute for said section the following:
"the tax levied by this Act shall not apply to the sale of goods made pursuant to bona fide written contracts entered into prior to the effective date of this act if the delivery of such goods is made within ninety days from the effective date of this Act. Provided, however, that in the case of building supplies, fixtures or equipment that enter into or become a part of a building or other kind of structure in this state, where plans, specifications and construction contract for a specific project have been entered into prior to the effective date of this Act, the tax levied hereunder shall not apply on such buildings, supplies, materials, fixtures and equipment, provided, the contracting parties file with the State Revenue Commissioner on forms and in the manner prescribed by him within thirty (30) days after the effective date of this Act a record of all such contracts that were in existence on the aforesaid effective date of the within Act."
3. The Committee recommends the House recede from its position and accept Senate Amendment which reads as follows:
"The tax levied by this Act shall not apply to the sale of the Holy Bible."
4. Your Committee on Conference recommends that both the House and Senate recede from their respective positions on the amendment to paragraph (d) and (e) of Section 12 and paragraph (f) of Section 18 and that in lieu of said paragraph and sections that the following language be adopted as the amendment:
"Upon conviction in a Court of competent jurisdiction shall be punished as for a misdemeanor."
5. We recommend that the Senate recede from its amendment to paragraph (a) of Section 16 with reference to the filing of tax returns.
6. The Committee recommends that the Senate and House respectively recede from their position on the Senate Amendment to Section 25. That said section be re-written to read as follows:
"Section 25. No County, Municipality, School District or Political Subdivision of the State shall impose, levy or collect a gross receipts, sales or use tax or tax on amusement, admissions, or services included in this Act; Provided, however, that the provisions of this section shall not be construed to apply to a fixed or contractual license, occupation or franchise tax based on gross receipts or on any gross receipts basis, and provided, further, that no County or Municipality shall be prohibited from levying or collecting an excise tax on distilled spirits, malt beverages, wines or other intoxicating liquors based on gross receipts, or otherwise."
7. Your committee on conference further recommends that the Senate and

FRIDAY, FEBRUARY 16, 1951

1021

House amend HB 2 by adding at the end of Section 12 (d) the following language:
"A dealer may, however, omit or fore-go the collection provided by this Act from the purchaser, lessee, or consumer upon any sale or transaction not in excess of twenty-five cents ($.25) and absorb the same. However, such sale or collection shall be included as part of the gross receipts of a dealer and the tax remitted on the full amount of gross sales as provided herein."
The House and Senate both recede from their amendments to Sub-section III of Section III and recommend that the first paragraph under Sub-section III of Section III be stricken and the following be inserted in lieu thereof:
"The term gross sales when applied to sales of telephone service under the provisions of this Act shall mean the charges made for local exchange telephone service, except local messages which are paid for by inserting coins in coin operated telephones, but including the total amount of the guaranteed charge for semi-public coin box telephone services. The term gross sales shall not include local or inter-urban transient fares of public utilities regulated under Federal or State statutes when paid for by inserting coins or tokens in coin operated machines in amounts not exceeding fifteen cents."
Your Committee further recommends that the Senate recede from its position on the House amendment to the Senate amendment to Section IV, reads as follows:
"Provided, that common carriers including Airlines, Railroads, Motor Common Carriers and Steamship Lines, regulated by the Public Service Commission, the Civil Aeronautics Board or the Interstate Commerce Commission or other regulatory authority shall pay the tax imposed by this Act upon all supplies, materials, and other tangible personal property, except rolling stock, aircraft or floating equipment, which shall be taxed on the portion thereof attributable to use in this State to be determined and apportioned in accordance with the interstate and intrastate business of the carrier."
Respectfully submitted:
Rawls of the lOth Connell of the 6th Grayson of the 1st On the part of the Senate
Ray of Warren Campbell of Oconee Key of Jasper On the part of the House
Mr. Ray of Warren moved that the House reject the Second Report of the Committee of Conference, and the motion prevailed.
The Report was rejected.

The following Resolution of the House was read and adopted: HR 152. By Mr. Twitty of Mitchell:
A resolution by the House, the Senate concurring, that the General

1022

JOURNAL OF THE HOUSE,
Assembly adjourn at 10:30 P. M., on February 16th, 1951 to reconvene at 10:00 A. M. on the second Monday in January, 1952.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has receded from its position on all amendments disagreed to by the House on the following bill of the House:

HB 2. By Messrs. Ray of Warren, Matthews of Clarke and others:
A bill to authorize the levy and collection of a general sales tax; and for other purposes.

Mr. Dorsey of White County, Chairman of the Committee on Enrolling, submitted the following report:
Mr. Speaker: Your Committee on Enrolling has examined the following Bills and Resolu-
tions of the House, and finds the same properly enrolled: HB 30. HR 88-383d. HB 2. HB 26. HB 140. HB 308. HB 363. HB 371. HB 407. HB 449. HB 453. HB 454. HB 455. HB 468. HB 471. HB 486. HB 500. HB 523. HB 531. HB 532.

HB 559. HB 560. HB 561. HB 567. HB 569. HB 589. HB 600. HB 602. HB 10. HB 31. HB 41. HB 94. HR 31-153a. HB 229. HB 255. HB 263. HB 271. HB 277. HB 307. HB 337. HB 342. HB 386. HB 403. HB 431. HB 432. HB 433. HB 436. HB 445. HB 446. HB 447. HB 448. HB 451.
HB 457. HB 458.

FRIDAY, FEBRUARY 16, 1951

1023

1024
HB 459. HB 475. HB 493. HB 499. HB 501. HB 519. HB 520. HB 524. HB 530. HB 533. HB 540. HB 552. HB 553. HB 554. HB 558. HB 563. HB 564. HB 578. HB 579. HB 582. HB 584. HB 592. HB 603. HB 6. HB 7. HB 42. HB 43. HB 76. HR 17-89h. HB 99. HB 100. HB 106. HB 107. HB 108.

JOURNAL OF THE HOUSE,

HB 112. HB 116. HR 116. HR 118. HR 123. HR 125. HR 21-129c. HR 23-129e. HR 24-129f. HR 130. HB 131. HB 136. HB 138. HB 170. HB 185. HB 188. HR 34-189a. HR 37-189d. HR 45-207c. HB 234. HB 251. HB 256. HB 265. HB 270. HR 54-27lc. HB 274. HB 279. HB 282. HB 302. HR 61-303a. HB 306. HB 322.
HR 74-331d. HB 339.

FRIDAY, FEBRUARY 16, 1951

1025

1026
HB 549. HB 357. HB 361. HR 83-361h. HB 328. HB 366. HB 367. HB 381. HB 383. HB 398. HB 400. HR 91-402a. HB 406. HB 411. HB 416. HB 422. HB 424. HB 437. HB 439. HB 440. HB 443. HB 450. HR 98-465a. HB 470. HB 472. HB 473. HB 474. HB 476. HB 487. HB 488. HB 489. HB 490. HB 491.
HB 492.

JOURNAL OF THE HOUSE,

HB 494. HB 495. HB 496. HB 497. HB 498. HB 502. HB 510. HB 511. HB 517. HB 518. HB 521. HB 522. HB 526. HB 527. HB 528. HB 534. HB 535. HB 536. HB 537. HB 538. HB 539. HB 541. HB 542. HB 548. HB 550. HB 551. HB 555. HB 556. HB 565. HB 566. HB 557. HB 568. HB 576. HB 580.

FRIDAY, FEBRUARY 16, 1951

1027

1028

JOURNAL OF THE HOUSE,

HB 581. HB 583. HB 585. HB 586. HB 587. HB 588. HB 591. HB 593. HB 595. HB 601. HB 466. HB 343.

Respectfully submitted, Dorsey of White, Chairman.

Mr. Green of Rabun County, Chairman of the Committee on Engrossing, submitted the following report: Mr. Speaker:
Your Committee on Engrossing has examined the following Bills and Resolutions of the House and find them properly engrossed:
HR 57-277a. HR 84-379a. HR 100-476b. HR 101-476c. HR 111-540a. HR 98-465a. HR 151. HR 60-296a. HR 93-402c.
Respectfully submitted, Green of Rabun, Chairman.

Under the provisions of SR 21, the Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday, January 14, 1952.

MONDAY, JANUARY 14, 1952

1029

Representative Hall, Atlanta, Georgia, January 14, 1952

Under the provisions of SR 21, the House met this day at 10:00 o'clock, A. M., was called to order by the Speaker and opened with prayer by Rev. C. C. Boynton of Union County.

The following communications were received and read:

State of Georgia
Department of State
Ben W. Fortson, Jr., Secretary of State
Atlanta 3, Georgia
September 13, 1951 Honorable Fred Hand Speaker of the House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Speaker:
I hereby certify that the consolidated returns on file in this office of Special Election held on August 7, 1951, in Carroll County, to fill the unexpired term of Willis Smith, former Representative from Carroll County, show the following results:
Ray J. Chadwick received 66 votes Thomas R. Luck received 1065 votes
C. C. Perkins received 1720 votes
Herschel L. Reid received 396 votes as the same appears of file and record in this office.
Given under my hand and seal this the 13th day of September, 1951.
Ben W. Fortson, Jr. Secre4ry of State

State of Georgia Department of State Ben W. Fortson, Jr., Secretary of State
Atlanta 3, Georgia June 14, 1951
Honorable Fred Hand Speaker of the House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Speaker:
I hereby certify that the Special Election held June 12, 1951 in Barrow

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JOURNAL OF THE HOUSE,

County, Georgia, to fill the unexpired term of J. Julian Bennett, Representative, Barrow County, shows the following results:

Charles L. McWhorter received 171 votes

Robert L. Russell, Jr. received 1058 votes

as the same appears of file and record in this office.

Given under my hand and seal this the 14th day of June, 1951.

Ben W. Fortson, Jr., Secretary of State

Representatives-elect Perkins of Carroll and Russell of Barrow came forward to the bar of the House and the oath of office was administered by Judge Hugh J. Mcintyre, Presiding Judge, Court of Appeals of Georgia.

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

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Uson Alverson Aycock Ball Barber .of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates

Clark Clary Claxton Clay Coffin Coogle Cornelius Covington Cranford Dally Deason Deen Denton Dews Dicus Dorsey Duncan Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Rabun Greene of Crisp Greer Griffith Groover Hadden Hale Hall of Floyd Hall of Toombs

Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley
Hollis Hood Huddleston Ivey Jackson Jessup Johnson of Hall Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight
Lam Langdale Lanier
Lavender Leach Lewis of Greene Lewis of Hancock Little Lovett McCracken McGarity McGee McKelvey

MONDAY, JANUARY 14, 1952

1031

McWhorter Mackay Mangum Matthews Mims Mishoe Murphy
Murr Musgrove Neville Nightingale Otwell Overby Owens Parker Peacock Perkins Pickard Pickett Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Robertson of Dawson

Rogers Rollins Rowland Russell Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd

Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Whitworth Wiggins Wilkes Wilkinson Williams of Cobb Williams of Houston Willis Wood Wooten Wright Mr. Speaker

The following Resolution of the House was read and adopted:

HR 153. By Mr. Twitty of Mitchell:
A resolution providing for a joint session of the House and Senate to be held in the Hall of the House at 11:30 o'clock, A. M., January 14th, 1952, for the purpose of hearing an address by his Excellency, Honorable Herman E. Talmadge, Governor; and providing for the appointment of an escort, six by the Speaker of the House and three by the President of the Senate, to escort the Governor to the Hall of the House.
Under the provisions of HR 153, the Speaker appointed as a Committee of Escort on the part of the House, the following members:
Messrs. Denton of Paulding, Garrard of Wilkes, Callier of Talbot, Deason of Stewart, Leach of Rockdale, Durham of Baker.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Report of Standing Committees.
2. Second reading of Bills and Resolutions, favorably reported.
3. Third reading and passage of local uncontested Bills and Resolutions.
4. First reading and reference of Senate Bills and Resolutions. Provided that the Speaker may call up any bills or resolutions in any order that he might deem expedient or advisable.

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JOURNAL OF THE HOUSE,

Mr. Smiley of Liberty 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 56-271c Do Pass.
Respectfully submitted,
Smiley of Liberty,
Chairman.

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

HR 56-27le. By Mr. Lewis of Hancock:
A resolution to reim:burse Dr. E. H. Hutchins who was injured in line of duty with the State as a result of an accident without fault of his own.

Mr. Smith of Emanuel asked unanimous consent that the House reconsider its action in failing to adopt the following Resolution of the Senate:

SR 22. By Senator Willingham of the 39th:
A resolution proposing to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes; and for other purposes.

The unanimous consent request was granted and SR 22 was placed at the foot of the Calendar, following HB 597.

Mr. Smith of Emanuel asked unanimous consent that the House reconsider its action in failing to adopt the following Resolution of the Senate:
SR 25. By Senator Harden of the 45th:
A resolution authorizing the State Board of Corrections to reimburse Honorable T. J. Wells for damage done to his automobile by two escaped State convicts who had stolen the same.

The unanimous consent request was granted and SR 25 was placed at the foot of the Calendar, following HB597.

The following Resolution of the House was read and adopted:

HR 154. By Messrs. Hand and Twitty of Mitchell and others:
A resolution inviting the Honorable James F. Byrnes, Governor of South Carolina to address a joint meeting of the General Assembly of Georgia on the 6th day of February, 1952, at 12 o'clock M.

MONDAY, JANUARY 14, 1952

1033

The following Resolution of the House was read and adopted:
HR 155. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Ray of Warren:
A resolution to provide for the naming of the State Hospital at Augusta, Georgia, as the "Eugene Talmadge Memorial Hospital".
WHEREAS: The Honorable Eugene Talmadge, of Telfair County, now deceased, was elected Governor of the State of Georgia four times, and served his native State unselfishly, honorably and with distinction, and
WHEREAS: He was especially interested in the health and happiness of the citizens of this commonwealth, and advocated an increase in the number of medical doctors, and the availability of hospitals to all her people, especially those in the rural sections, where sufficient facilities had not been provided, and
WHEREAS: The State Hospital at Augusta, which he protected and supported, will be expanded into an institution with the latest equipment, facilities and personnel to successfully treat the ills of the human body, now
THEREFORE: Be it resolved by the House of Representatives of the State of Georgia, the Senate concurring, that this hospital be and the same is hereby named the "Eugene Talmadge Memorial Hospital", to perpetuate the memory of this eminent Georgian.

By unanimous consent the following resolutions of the House were taken up for consideration and read the third time:

HR 102-476d. By Mr. Lewis of Hancock:
A resolution requesting the State Librarian to furnish law books to the Clerk of the Superior Court of Hancock County, and for other purposes.
The rep ort 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.

HR 105-502a. By Messrs. Britton and Carr of Whitfield:
A resolution requesting the State Librarian to furnish law books to the Clerk of the Superior Court of Whitfield County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

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JOURNAL OF THE HOUSE,

HR l28-605b. By Mr. Hall of Toombs:
A resolution authorizing the State Librarian to replace certain lost or destroyed law books for the County of Toombs.
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.

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. Abney and Campbell of Walker:
A bill to be entitled an Act to amend an Act entitled "An Act to create a new judicial circuit for the State of Georgia to be called the Lookout 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 129, nays 0.
The bill, having received the requisite constitutional majority, was passed.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolution of the House to wit:

HR 153. By Mr. Twitty of Mitchell:
A resolution providing for a Joint Session of the House and Senate in the Hall of the House of Representatives at 11:30 A. M., January 14th, 1952, for the purpose of hearing an address by his Excellency, Governor Herman E. Talmadge and that a Committee of Escort be appointed.
The President has appointed on the part of the Senate:
Senators Dunn of the 8th, Drinkard of the 29th, and Coleman of the 18th.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolutions of the Senate to wit:
SR 75. By Senator Connell of the 6th:
A resolution instructing the Secretary of the Senate to notify the House that the Senate has convened in adjourned session of the 1951-1952 Session and is ready for the transaction of business.

MONDAY, JANUARY 14, 1952

1035

SR 76. By Senator Connell of the 6th:
A resolution providing for a Joint Committee of two from the Senate and three from the House of Representatives to be appointed by the President and the Speaker, respectively, to notify the Governor that the General Assembly has convened in adjourned Session of the 1951-1952 Session and is ready for the transaction of business.
The President has appointed on the part of the Senate:
Senators Edenfield of the 2nd and Carlisle of the 7th.

Under the regular order of business the following bills and resolution of the House were taken up for consideration and read the third time:

HB 219. By Messrs. Boggus of Ben Hill, Green of Irwin, and others:
A bill to be entitled an Act to provide for insuring children attending the public schools of the State of Georgia, who are transported to or from school by school buses, and for other purposes.
Mr. Mims of Miller moved that further consideration of HB 219 be postponed until tomorrow morning immediately following the period of unanimous consent, and the motion prevailed.

HR 72-33lb. By Messrs. Johnson and Overby of Hall and others:
A resolution requesting that the lake formed by the dam now under construction near Buford, Geofgia, be named Lake Lanier in memory of Sidney Lanier.
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 131, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 597. By Messrs. Burgamy and Murr of Sumter and Black of Webster:
A bill to be entitled an Act to amend an Act by providing that any father or mother who wilfully and voluntarily abandons his or her child, leaving it in a dependent condition, shall be guilty of a felony, and for other purposes.
Mr. Bentley of Cobb moved that further consideration of HB 597 be postponed until tonrorrow morning immediately following the period of unanimous consent, and the motion prevailed.

Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 135. By Mr. Stewart of Habersham:
A bill to be entitled an Act to provide that it shall be unlawful for the owner or person in possession of land in this State to have or maintain

1036

JOURNAL OF THE HOUSE,

an abandoned well or hole with a depth of five feet or more on such land, and for other purposes.
Mr. Smith of Bryan moved that further consideration of HB 135 be postponed indefinitely.
On the motion, the ayes were 67, nays 44.
The motion prevailed.

The following resolution of the House was read and adopted:

HR 156. By Mr. Peacock of Dodge:
A resolution expressing sympathy to the family of Honorable Joe Johnston, Worth County.
Under the provisions of HR 153, adopted by the House and Senate, 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 E. Talmadge, was called to order by Lieutenant Governor Griffin.
The Secretary of the Senate read the resolution providing for the joint session.
Accompanied by the Committee of Escort, and other distinguished guests, Governor Talmadge appeared upon the floor of the House and delivered the following address:
LIEUTENANT-GOVERNOR GRIFFIN, SPEAKER HAND, MEMBERS OF THE SENATE AND OF THE HOUSE OF REPRESENTATIVES, DISTINGUISHED OFFICIALS AND MY FELLOW COUNTRYMEN:
It is a happy occasion for me to meet again with you representatives of the people of Geo1gia to inaugurate another session of the General Assembly.
It is a doubly happy occasion when we know that we are here to put the finishing touches to great programs of improvement which, we, working together, have put into effect to bring to the people the best services they have ever received from their State government.
Since I have been Governor there have been four legislative sessions. I have, without exception been able to work with the General Assembly and the General Assembly has been able to work with the Governor. A Governor cannot accomplish anything for the people without the General Assembly and the General Assembly cannot accomplish anything for the people without the aid of the Governor.
I am happy to report to you today that our faith in the future greatness of our State has proved to be amply justified. Georgia is out of debt and we are going to keep it that way for the next three years. She has a surplus of over $13,000,000 in the Treasury.
We are now spending about $100,000,000 a year for common school and higher education in Georgia, more than double the amount provided for education when this administration took office. With these added funds we have been able to retain our capable teachers, to add about

MONDAY, JANUARY 14, 1952

1037

3,000 new teachers and to reduce overcrowded classrooms. The teachers' Retirement System has been expanded on a sound actuarial basis.
This added money has enabled us to establish a new 12th grade in high schools, to provide 800 more new school buses and to raise the pay of bus drivers.
The School Building Authority, created by you last year, validity of which is now before the State Supreme Court, will, we hope, ultimately provide app.roximately $170,000,000 in new school building construction and repairs to existing facilities.
Appropriations for the University System of Georgia have been doubled by the present administration from $6,000,000 annually to $12,000,000 annually. An item of $1,400,000 for the University System appropriation is earmarked for capital outlay. This has made possible a $19,000,000 building program to provide the University System with needed new buildings. It has been of untold benefit to both the junior and senior colleges.
Through your cooperation in providing an increased appropriation, the State Health Departmtent is now carrying greatly expanded public health services to Georgians. Free health tests being conducted county by county provided a graphic illustration of the old axiom "that an ounce of prevention is worth a pound of cure".
The State-wide hospital program, instituted by this administration, has made possible the erection of 24 new hospitals located in areas of greatest need over the State. Eleven additional hospitals are underway and ten have been approved for construction this year.
We have furnished additions and alterations to eleven existing hospitals and provided three nurses' homes. We have built a fine new laboratory at Battey and have furnished equipment for two more hospitals under this program. We have completed 25 new health centers, fourteen are currently underway and two more have been approved.
Altogether, in this great hospital and health center construction program are 102 separate projects for a Joint State, Federal and Local cost of over $36,000,000. It has three more years to run and it is estimated that $10,000,000 will be spent each of these years in this fine undertaking to bring the security of nearby hospitals to every person who needs their services. At the end of three years, it is believed that our needs for additional hospital beds will have been fully met.
Architectural and engineering plans will soon be completed for the 798-bed State General Hospital to be built this year at Augusta.
Long listed as one of Georgia's most acute needs, the new hospital will make possible: (1) Care of the State's indigent sick, (2) enlarged medical school enrollment, (3) a 128-bed cancer clinic, (4) a tubercular ward, and (5) a floor devoted to obstetrical cases.
In addition to impressive gains in the health field, your State has also more than doubled its welfare assistance programs.
When this administration went into office, there were 114,000 old people, dependent children and needy blind receiving an average of $18.00 per month under a total annual program then of $20,000,000.

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JOURNAL OF THE HOUSE,
Now, we have 150,000 of our needy people receiving average payments of $27.00 per month under a program which will top $50,000,000 annually by the end of the year.
This means, in plain words, that we have brought increased monthly benefits to all persons on the welfare rolls and have provided comparable assistance for 36,000 additional needy persons.
Our Highway Department, today, is doing the greatest job in its history. We are improving our through highways and rural roads at a faster and more rapid pace than ever before. The administration of the State Highway Department is one of competence and integrity. It has drawn both State and National praise. For the first time, we are current with our Federal-aid road building program. Georgia stands lOth in the Nation in this regard coming before states which are far richer in material resources. We are building more rural roads than ever before.
Since assuming office, the present administration has completed, underway or let to contract a grand total of 6,000 miles of highways and rural post roads, at a total cost of $100,000,000. The outlay for maintenance and reconstruction has been doubled. Great stress is now being put on protecting our hundreds of millions of dollars invested in existing highways. Direct grants to counties for road construction under the Brooks' Amendment to the Appropriations' Bill, which you passed last year, have been approximately doubled.
During the last three years, through the cooperation of this Legislature, we have been able to make unmatched progress at all of our State institutions.
The appropriation for Milledgeville State Hospital has been doubled, making possible many new buildings, a larger and better staff, better diet and more humane care and treatnumt for the patients.
At Battey Hospital in Rome 400 new beds have been added to that institution. There is no waiting list. The number of doctors, nurses, orderlies, dentists and dietary employees has been virtually doubled. Twenty-four new doctors' homes, two new nurses' homes, and other additions have resulted in a more efficient institution. Greater attention to diet requirements and adequate supplies of the new wonder drugs are providing the best possible care and treatment for the patients.
For the Academy for the Blind at Macon and the School for the Deaf at Cave Spring, we have furnished additional funds to launch a vitally needed program of improvement and expansion.
We have revolutionized our entire State prison system making it one of the most outstanding in the country. We have added a maximum security prison at Buford and a new boys' industrial training institute at Toccoa. These are making possible top productivity from each prisoner and a better chance for real rehabilitation.
Since its inauguration, this administration has been deeply aware of the importance of good forestry practices to the present and future economy of the whole State. Your administration has extended the cooperative forestry protection and reforestation program from 43 to a total of 105 counties at the present time. It is my hope to have

MONDAY, JANUARY 14, 1952

.1039

every county in the State under the forestry program by the end of this administration.
Construction work on the State Port at Savannah is progressing satisfactorily. The original warehouse facility acquired for $800,000 by the administration shortly after taking office, has already made in earnings alone over one and a quarter million dollars. It has paid for itself nearly twice. Docks and transit sheds, costing $5,500,000 are expected to be completed in November, 1952. They will be paid for out of income from the facility. When completed, Georgia's State Port will contribute much towards the advancement of the State's trade, business and agriculture.
This General Assembly and this Administration deserve credit for their services to the farmers of our State. We have developed a system of farmers' markets here that is generally conceded to be one of the most outstanding in the Nation. We have more than doubled the number of farmers' markets in the State from 14 in 1948 to a total of 30 at the present time.
Recognizing the vital role which cattle will play in the state's future, we have erected a livestock disease and diagnostic laboratory at Tifton, which is being operated through cooperation of the State Department of Agriculture and the Tifton Experiment Station.
Four new mobile soil testing laboratories have recently been placed into operation to help farmers with their soil problems and in establishing permanent pastures.
Three new Experiment Stations near Calhoun, Americus and Waynesboro have been created to work with the main stations at Tifton, Griffin and Athens. At Gainesville, the poultry laboratory has been reopened. It is operated jointly by the State Department of Agriculture and the Poultry Improvement Association.
The farm still is the basis for our prosperity in Georgia. This administration will continue to give every cooperation to the farmers and their plans and programs towards furthering the State's agriculture.
At the same time, we have sought to promote industrial development in Georgia in order to provide jobs for our people and new markets for our raw materials. And, for our workers themselves, we have materially increased both Workmen's Compensation and Unemployment Compensation benefits.
Last year, Georgia's industrial progress was the greatest in its history. More than 300,000 of our people are now gainfully employed as wage earners in industries throughout the length and breadth of our State.
Recently, the Governor of Rhode Island saw fit to criticize Georgia and the South because of our industrial expansion. Georgia and the South have not attempted to steal a single industry from any of the New England states. Georgia welcomes industrial development that comes here, not for the purpose of exploiting our human or material resources, but for the purpose of becoming a good citizen and helping us to make Georgia a better place in which to live.
Last week, the Associated Industries of Georgia organization re-

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JOURNAL OF THE HOUSE,
leased a statement which reported that this State's tax structure, from an industrial standpoint, compares favorably with any other Southeastern state. Our expanding markets, our competent labor, our excellent labor relations, our available raw materials, our temperate climate, our abundant water supply, our transportation system and our favorable tax structure are causing more and more industrialists to look to Georgia for their plant sites. This State's widespread development along all lines, in my opinion, will further increase in tempo. I confidently predict that within the next decade, Georgia and the South will become one of the principal industrial areas of the Nation.
This Legislature and this Administration have not forgotten the young men and women who served their country in time of War. It is a matter of deep personal pride to me that this administration worked day and night on their behalf and brought to them such a full measure of benefits under the G. I. Bill that Georgia now ranks second in the Nation in the effectiveness of its State Veterans Service Program.
Now, I have outlined to you how your State is bringing to our people the widest possible program of constructive services in the fields of education, health, welfare, highways, hospitals, institutions, agriculture, forestry and other vital departmental operations. This administration has sought at all times to obtain full value for every expenditure of tax funds.
As Director of the Budget, I have conferred with each and every Department Head charged with the expenditure of State funds. Georgia is fortunate in having able officials in charge of your departments who have had business experience and are operating the State with the greatest efficiency since its foundation.
Let me remind you at this time that this General Assembly, working in cooperation with the administration at its session last year, repealed the so-called emergency taxes and nuisance levies which resulted in savings of some $32,000,000 each year to the taxpayers of Georgia. Let m~ remind you also that the contemplated withdrawal of the State from the ad valorem field will account for another $7,000,000 saving to the taxpayers.
At the present time, the Constitution of Georgia allows the General Assembly to levy a tax on the value of real and personal property in the State to the extent of five mills. This tax is collected by the counties and remitted to the State.
Revenue from this source during the last fiscal year amounted to a little over $7,000,000, which is only about 3% per cent of the total revenue of the State at the present time. So, you can see that the property tax, as a revenue source, does not mean too much to the State government. But, on the other hand, it means life or death to our county and city governments who have few, if any, other sources of revenue except the property tax.
For several years, our Georgia Association of County Commissioners, whose membership is composed of the chief fiscal officers in every county in this State, and our Georgia Municipal Association, whose membership is composed of officials :hom every city in Georgia, have adopted resolution after resolution urgently recommending that the State retire from the ad valorem tax field, and leave it to county and

MONDAY, JANUARY 14, 1952

1041

municipal governments, some of which are sorely pressed by ever-rising essential expenses.
When I campaigned for Governor, over Georgia in 1950, one of the principal planks in my platform was the elimination of ad valorem taxation for State purposes. The State Democratic Party Convention meeting in Macon subsequent to the Primary, by a unanimous vote, wrote this plank verbatim into the Party platform. It has become a clear IDI!lndate of the people!
The Georgia Tax Revision Committee, meeting November 14, 1950, adopted a resolution setting forth its recommendations to the General Assembly. This resolution, adopted by a vote of 16-1, recommended, among other things, "that the General Assembly give consideration to -abandoning the taxation of property by the State." This proposal is the very cornerstone of a fair and equitable tax revision program. The people are expecting it.
There is now pending in the House of Representatives a proposed Constitutional amendment which would limit the amount of ad valorem tax which the General Assembly could levy to a token amount of only 14 of a mill and that only for regulartory purposes. This amendment passed the Senate by the overwhelming vote of 47 to 1. I am extremely confident that if the House will give the people an opportunity to vote on this amendment, the people will pass it overwhelmingly.
Such action on your part will benefit both rich and poor, high and low. It will mean a yearly saving to the people of Appling County of about $13,000; the people of Baldwin County, $28,000; the people of Bulloch County, $39,000; the people of Chatham County, $365,000; the people of Cook County, $14,000; the people of Dougherty County, $105,000; the people of Fulton County, $2,000,000; the people of Mitchell County, $26,000; the people of Oglethorpe County, $11,000; the people of Turner County, $11,00; the people of Washington County, $18,000, and so on down the list of all the counties in the State.
It has been said that the people of some of the larger counties pay in more property tax than the people of some of the smaller, less populated counties. This is a specious and unfounded argument for the same thing is true with every tax levied by the State. The larger the county and more people it has, the more taxes it pays into the State and the more services it requires from the State. The saving of $50.00 in ad valorem taxation to a farmer down in Grady County is just as important to him as the saving of $200.00 would be to a property owner in Fulton County. This is doubly true with both the farmer and the small home owner who cannot pass the property tax they pay on to the consumer as is the case with property producing a rental income. The farmer must absorb the property tax which he pays on his lands because the prices which he receives for the commodities he grows are fixed by market conditions beyond his control.
There are three ways by which the State can withdraw from the property tax field. It can be done by Executive Proclamation, Act of the Legislature or by Constitutional Amendment. It is ncy announced intention to abolish the State Ad Valorem tax levy in Georgia for all intents and purposes during the calendar year 1952, by slashing the present rate from five mills to only a fraction of one mill. Such action

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will bring immediate relief to the taxpayers, but there will be no guarantee that some future governor or legislature might not break faith with the people and re-impose the State property tax levy back to five mills. Without this assurance, greatly needed long-range fiscal planning on the part of our county and city governments would be badly crippled and hampered. For these two important reasons, the Constitutional Amendment method is by far the most desirable from the standpoint of evolving a stable tax structure in this State.
Every member in this House knows that this administration has been dedicated to strengthening our city and county governments throughout the State which are closest to the people. Everyone of our programs has been beamed in this direction. It is my considered judgment that the retirement of the State from the ad valorem or property tax field would immeasurably strengthen the fiscal operations of our counties and cities. I hope that you will give the people of Georgia a chance to express themselves at the polls on this vital matter.
Georgia is growing. Every city and town is showing the effects of this growth. Development can be seen on every horizon. The rising traffic load incident to this growth is becoming more and more of a problem. At many times of the day cars are traveling dangerously bumper-to-bumper between our cities on some of our highways. Over 900 people were killed on Georgia Highways last year in automobile accidents. Car registrations have more than doubled from 400,000 vehicles in 1945 to over a million in 1951. It is imperative that we move immediately to meet the problem of ever-increasing congestion on our highways.
There is also another factor which will become, during the next several years, of increasingly important concern. Defense of our cities against the threat of atomic attack and all other defense measures demand highways which will bring quick access between critical areas.
Other states have set the example by which Georgia can get these needed roadways on a pay-as-you-ride basis. Since the Pennsylvania Turnpike opened in 1940, toll roads have spread into state after state until now eighteen states have such roads in progress or in the planning and construction stage. About 500 miles of toll roads are now operating in the Nation, 350 miles are under construction in various states and 1200 miles have been authorized or are in the planning stage.
Virginia has just authorized a Turnpike Authority. A commission is studying the matter in West Virginia and North Carolina is investigating its feasibility. The Pennsylvania Turnpike runs 260 miles across the State from Philadelphia to Pittsburgh. Another 67 miles between Pittsburgh and the Ohio border is under construction. Ohio plans to build a similar express road from the Pennsylvania Turnpike western terminus to the Indiana line, a distance of about 250 miles.
There is a strong movement in Indiana for extension of the same road through that State, thus making possible an express highway from Newark, New Jersey, across the country to Chicago, Illinois.
When the New York Turnpike is completed, the toll road network will reach from New York City to Buffalo, New York, and to Erie, Pennsylvania.

MONDAY, JANUARY 14, 1952

1043

Colorado is building one from Denver to Boulder. Oklahoma is going ahead with a route from Tulsa to Oklahoma City.
Maine, New Hampshire, Connecticut and New York also have toll roads in operation. West Virginia has proposed a toll road running North and South the length of the State.
Where these express highways are now in use, operators of motor vehicles, both passenger cars and trucks, have found that the savings in upkeep and depreciation alone more than paid the necessary tolls. Also, a good portion of the revenue is paid by out-of-state traffic.
As soon as the cost of construction has been amortized, the road becomes free and a part of the existing highway system. While we have built during this administration 6,000 miles of roads, we will not be able with existing revenues to build through highways for high-speed traffic as rapidly as they are needed.
A measure authorizing a Turnpike Authority for Georgia is now pending and ready for passage in the House. Since the introduction of that particular bill, many more of these authorities have been authorized in other states, and substantial additional experience has been gained from actual operation. For that reason, we have prepared a substitute Turnpike Authority Bill which will be offered for your consideration.
It should be emphasized that any toll road built under the Authority will be administered by it separate and distinct from the State Highway Department, The effect will be entirely cumulative and will not result in the abandonment or neglect of any existing highways. Nor will it diminish the State road building program in any manner whatsoever. It will continue in full operation.
I also want to point out to the General Assembly that creation of such a Turnpike Authority in this State will not result in express-type highways being built in every direction all over the State. Since they must be paid for solely by the traffic which passes over them, these throughways will be of a very restricted nature and confined only to those areas where the traffic density is thick enough to repay their cost. They will have the beneficial effect of funneling traffic into the State, the consequence of which will be increased traffic on our existing highways.
Securities issued by the Turnpike Authority to finance land acquisition and construction will not, under any circumstances, constitute a debt or obligation of the State.
Georgia cannot afford to wait any longer in authorizing the beginning of a Turnpike Authority. Having given the matter close study, I respectfully recommend early enactment of this important legislation.
Now, I would like to discuss with you an important constitutional amendment which will be necessary to implement our School Building Authority properly. Under the present appropriation bill, we have an annual item of $5,000,000 earmarked as capital outlay for new school building construction and repairs to existing buildings. It has been estimated by the State Department of Education that this amount will provide $70,000,000 in new construction. A survey by the State School

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JOURNAL OF THE HOUSE,
Building Authority shows that $170,000,000 is needed to equalize school plant facilities for both races.
Chairman Fred Hand, of the School Building Authority, has proposed that the annual outlay for school plants be doubled to $10,000,000 per year and that it be accomplished through the method of a constitutional amendment, specifically appropriating the funds in a fixed amount for this purpose. Upon investigation, I have found that in other states where revenues were pledged in this or a similar manner, to retire bonds or certificates of indebtedness, that the interest rate on them was cut considerably. On the $170,000,000 School Building program, which we have under contemplation, we could, by constitutional allocation of the $10,000,000 each year to repay the School Building Authority bonds, affect a saving in interest alone over the 20-year period, of an estimated $12,000,000. The saving would go for buildings instead of interest payments. The full $170,000,000 building program, as recommended in the survey, can be accomplished in this manner. This, it seems to me, is a most compelling argument in favor of the proposal.
Last year, I requested the General Assembly to extend the State Welfare Act to cover needy totally and permanently disabled Georgians between the ages of 18 and 65 years. The administration measure making possible this type of assistance has passed the Senate and is now pending in the House.
There are an estimated 8,000 totally and permanently disabled persons in the State entitled to these benefits but who are not now receiving them. The money is available in the Welfare Department to finance this new phase of the welfare program this year.
We estimate that $1,300,000 in State funds would provide average payments of $40.00 per month to these 8,000 total and permanent disability cases. When we put up this amount in State funds, we will receive an additional two and one-half million dollars in Federal money, making possible an overall program of approximately $4,000,000 per year for our people who are unable to help themselves.
I urge your sympathetic consideration for this humanitarian legislation.
Now pending in the House is a Senate Bill amending the 1948 voter registration law. The amendment establishes a permanent list of qualified voters from those who were registered and qualified to vote in the 1948 or 1950 General Elections. Those who fall in this category will not be required to re-register under the terms of this amendment. Persons who were registered to vote in the 1948 and 1950 General Elections, but who have subsequently been disqualified, and those who have not registered to vote at all, must register as provided by law. I recommend that this amendment be passed at this adjourned session of the General Assembly.
Speaking of elections, } also want to ask that you abolish the socalled "off-year" general election now provided by statute. Adoption of the new Constitution, which fixed the time for submission of constitutional amendments and the time for electing all State officials, except Solicitors-General, in the regular general election at which members of the General Assembly are elected, has had the effect of render-

MONDAY, JANUARY 14, 1952

1045

ing the so-called "off year" general election a useless and expensive process.
My friends, we have co~ a long way in Georgia in the last three years.
And I hope and pray that we may make similar progress in the next three years.
We have several important matters to decide at this session. On these questions you may agree with me or you may not agree with me but I am sure that we will approach them together in a spirit of harmony and a determination to do what we think is best for the people of Georgia.
It is with a great degree of satisfaction that I look back upon the good results we have achieved by working together in recent sessions of your honorable body.
And, it would be amiss if I failed to express publicly to the people of this State my deep appreciation for the friendliness shown to me and the whole-hearted cooperation given to me by the rank and file of the present Georgia General Assembly.
To the people of Georgia I bring assurance that their State is now in the best condition in every phase of its operation than ever before in our entire history.
Our people now enjoy more benefits from State services than ever before. Also, in the main, they are well-fed, well-clothed, well-housed, are at work at gainful labor on the farms, in the commercial houses, in the factories and industries. Our children are receiving the best education facilities in history. We are moving rapidly toward a highway system that will rank with any other state in the country. We are taking care of our old people, dependent children and needy blind better than ever before. All our State departments are functioning at the highest state of efficiency.
Let's keep the ball of progress rolling. Let us continue to work for all the things that will make Georgia a bigger and better State. Let's join hands and march forward to a high goal which will, with the guidance of Almighty God, bring peace, progress and prosperity to our people now and to the generations yet to come.

Senator Coffin of the 12th moved that the joint session be now dissolved and the motion prevailed.

The Speaker called the House to order.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.

Leave of absence was granted to Dr. Johnston of Worth for several days.

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia, January 15, 1952

The House met, pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Report of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Third reading and passage of uncontested local bills and resolutions.
6. First reading and reference of Senate bills and resolutions.
7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

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

HB 621. By Messrs. Lewis of Hancock and Gowen of Glynn:
A bill to be entitled an Act to amend Section 83-201 of the Code of 1933, which sets forth the manner of obtaining rights of way for persons or corporations engaged in the business of mining and quarrying, and for other purposes.
Referred to the Committee on Mines and Mining.

HB 622. By Messrs. Lewis of Hancock, Jackson of Jones and Best of Clay:
A bill to be entitled an Act to amend an Act relating to suits for the homicide of a wife or mother, so as to make provision for illegitimate children, and for othter purposes.
Referred to the Committee on General Judiciary # 1.

TUESDAY, JANUARY 15, 1952

1047

HB 623. By Messrs. Johnson of Hall, Pittard of Clarke, Bentley of Cobb and others:
A bill to be entitled an Act to provide for two weeks annual Military leave for persons attached to the reserve components of the Armed Forces of the United States or the State of Georgia, and for othe_r purposes.
Referred to the Committee on Veteran Affairs.

HB 624. By Messrs. Lewis of Hancock, Jackson of Jones and Best of Clay:
A bill to be entitled an Act to provide that in all criminal trials in this State, the accused, if he elects to do so, may be sworn as any other witness and shall be examined and cross-examined as any other witness, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 625. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act so as to provide for a Board of Bar Examiners of five instead of three, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 626. By Mr. Gowen of Glynn:
A bill to be entitled an Act to repeal Section 9-110 of the Code to enact a new statute providing the scope of the examination to be given applicants for admission to the bar, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 627. By Messrs. Lewis of Hancock, Jackson of Jones and Best of Clay:
A bill to be entitled an Act to amend an Act relating to suits for the homicide of a child, so as t.o remove the provisions relating to dependency and contribution, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 628. By Messrs. Ray of Warren, Hand and Twitty of Mitchell, Smith of Emanuel, Key of Jasper and Campbell of Oconee:
A bill to be entitled an Act to ratify, approve and confirm the executive orders of the Governor suspending the collection of retailers' and consumers' sales and use taxes on lunches sold and served to pupils and employees of public schools and on religious papers in Georgia owned and operated by religious institutions or denominations, and for other purposes.
Referred to the Committee on State of Republic.

HB 629. By Messrs. Lewis of Hancock, Jackson o{ Jones and Best of Clay: A bill to be entittled anAct to provide that any person accused of crime

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JOURNAL OF THE HOUSE,

or who is arrested for investigation shall not be denied the privilege and benefit of counsel, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 630. By Messrs. Gowen of Glynn and Tarbutton of Washington:
A bill to be entitled an Act to amend an Act entitled "An Act to create the Jekyll Island State Park Authority," and for other purposes.
Referred to the Committee on Banks and Banking.

HB 631. By Messrs. Burgamy of Sumner, Coffin of Schley, Murphy of Haralson and others:
A bill to be entitled an Act to amend an Act relating to the granting of continuances in trial courts when any party or his leading counsel is absent from court by reason of his attendance as a legislator in the General Assembly, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 632. By Messrs. Lewis of Hancock, Jackson of Jones, and Best of Clay:
A bill to be entitled an Act to provide for the admission in evidence of a certified copy of a deed more than thirty years old, where said deed has been recorded for more than thirty years, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 633. By Messrs. Lewis of Hancock, Jackson of Jones and Best of Clay:
A bill to be entitled an Act to amend an Act relating to husband and wife giving evidence against each other in criminal proceedings, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 634. By Messrs. Lewis of Hancock, Jackson of Jones and Best of Clay:
A bill to be entitled an Act to provide for a demand for a trial by any person accused of a capital offense, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 635. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend a Resolution, ratifying the Rules of Procedure, Pleading and Practice in Civil Actions in the Courts of this State, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 636. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act known as the "Municipal Home Rule Law," and for other purposes.
Referred to the Committee on General Judiciary # L

TUESDAY, JANUARY 15, 1952

1049

HB 637. By Mr. Sumner of Worth:
A bill to be entitled an Act to amend an Act known as "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the tax levied by this Act shall not apply to the sale at retail, use, storage or consumption of tangible personal property purchased by nonprofit hospitals for their own use, and for other purposes.
Referred to the Committee on Ways and Means.

HB 638. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act known as the "Municipal Home Rule Law" so as to change the time limitations relating to the submission of charter amendments, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 639. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act prohibiting the use of any vehicle for the purpose of transporting lottery tickets or other articles used in connection with lottery, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 640. By Mr. Overby of Hall:
A bill to be entitled an Act to make uniform the law on fresh pursuit of criminals, and authorizing this State to cooperate with other States therein, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 641. By Mr. Overby of Hall:
A bill to be entitled an Act to amend an Act providing for notaries public, so as to provide that a notary shall be 18 years of age, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 642. By Messrs. Murr and Burgamy of Sumter:
A bill to be entitled an Act to amend an Act entitled "An Act to amend, revise and consolidate acts granting corporate authority to the City of Americus, and for other purposes.
Referred to the Committee on Municipal Government.

HB 643. By Mr. Burgamy of Sumter:
A bill to be entitled an Act to repeal an Act entitled "An Act to amend an Act known as the "Old Age Assistance Act", and for other purposes.
Referred to the Committee on Public Welfare.

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JOURNAL OF THE HOUSE,

HB 644. By Messrs. McCracken of Jefferson, Matthews of Clarke, Rowland of Johnson and others:
A bill to be entitled an Act to authorize the members of the Public Service Commission to receive a contingent expense allowance, and for other purposes.
Referred to the Committee on State of Republic.

HB 645. By Mr. Rowland of Johnson:
A bill to be entitled an Act to amend an Act known as an Act to provide for the creation of the Office of Solicitor General Emeritus, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 646. By Mr. Walker of Crawford:
A bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide an exemption for industrial machinery and industrial machinery repair parts used directly in the fabricating, converting or processing of articles of tangible personal property for resale, and for other purposes.
Referred to the Committee on Ways and Means.

HB 647. By Mr. Walker of Crawford:
A bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide an exemption for building supplies, fixtures, or equipment that enter into, or become a part of, any building or other kind of structure in this State, and for other purposes.
Referred to the Committee on Ways and Means.

HB 648. By Mr. Walker of Crawford:
A bill to be entitled an Act to amend an Act known as Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to provide for an exemption for fresh vegetables, bacon, the back and sides of the hog, salted and dried or smoked, flour, meal, bakery loaf bread, drugs, funeral expenses and the Holy Bible; and for other purposes.
Referred to the Committee on Ways and Means.

HB 649. By Mr. Greer of Lanier:
A bill to be entitled an Act to amend an Act, which Act made appropriations for the operation of the State Government, so as to provide additional funds for the Department of Commerce for the purpose of advertising the State of Georgia, and for other purposes.
Referred to the Committee on Appropriations.
HB 650. By Mr. Greer of Lanier:
A bill to be entitled an Act to amend an Act, which Act regulates or

TUESDAY, JANUARY 15, 1952

1051

prohibits the wearing of a mask or any device concealing the identify of the wearer in certain instances, and for other purposes.
Referred to the Committee on Public Welfare.

HB 651. By Mr. Neville of Bulloch:
A bill to be entitled an Act to amend an Act creating a Teachers' Retirement System for the State of Georgia, and for other purposes.
Referred to the Committee on Education # 2.

HB 652. By Mr. Neville of Bulloch:
A bill to be entitled an Act to amend an Act which provides for qualification of members of County Boards of Education, and for other purposes.
Referred to the Committee on Education # 1.

HB 653. By Mr. Perkins of Carroll:
A bill to be entitled an Act to amend an Act which Act provides for the definition of the word "homestead" as used in figuring ad valorem taxes, and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 654. By Messrs. Perkins and Duncan of Carroll:
A bill to be entitled an Act to amend an Act which provides for the definition of the word "homestead" as used in figl.i.ring ad valorem taxes, so as to provide for an exemption of the homestead of a person of the armed forces who is engaged in the Korean conflict, and for other purposes.
Referred to the Committee on Veterans Affairs.

HB 655. By Mr. Perkins of Carroll:
A bill to be entitled an Act to amend an Act which Act established a Minimum Foundation Program of Education in Georgia, and for other purposes.
Referred to the Committee on Education # 1.

HB 656. By Mr. Twitty of Mitchell:
A bill to be entitled an Act to prescribe the method of contracting for the erection, construction or altering of buildings for the State or County, or any project into which State funds may be allocated, etc., and for other purposes.
Referred to the Committee on State of Republic.
HB 657. My Mr. Green of Rabun:
A bill to be entitled an Act to amend an Act entitled "General Appropriations Act," so as to authorize the expenditure of appropriated funds

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JOURNAL OF THE HOUSE,

for the development of Black Rock Mountain State Park each year, and for other purposes.
Referred to the Committee on Appropriations.

HB. 658. By Mr. Perkins of Carroll:
A bill to be entitled an Act to amend an Act relating to consolidation of common schools by county boards of Education, and for other purposes.
Referred to the Committee on Education # 1.

HB 659. By Mr. Dicus of Muscogee:
A bill to be entitled an Act to amend an Act known as the "Uniform Narcotic Drug Act, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 660. By Messrs. Ray of Warren, Smith of Emanuel, Twitty and Hand of Mitchell:
A bill to be entitled an Act to amend an Act entitled "General Appropriations Act" so as to authorize the expenditure of appripriated funds for the payment of benefits to permanently disabled persons, and for other purposes.
Referred to the Committee on State of Republic.

HB 661. By Mr. Twitty of Mitchell:
A bill to be entitled an Act to authorize the transfer of assets by charitable and non-profit corporations to the State Department of Public Welfare; and for other purposes.
Referred to the Committee on Public Welfare.

HB 662. By Mr. Perkins of Carroll:
A bill to be entitled an Act to provide for the licensing of dogs by the State Game and Fish Commission, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 663. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act known as the Corporation Act, relating to the preemptive rights of shareholders, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 664. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to repeal an Act and known as an Act to authorize Limited Partnerships, and for other purposes.
Referred to the Committee on General Judiciary # 2.

TUESDAY, JANUARY 15, 1952

1053

HB 665. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to provide for the admissibility in evidence of certain writings, records, entries, books and memoranda made in the regular course of business, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 666. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to provide that in all criminal trials of this State, wherein the accused is charged with a felony, the trial Judge, as to such felony charge, shall submit to the Jury only the question of guilt or innocence and the sentence shall be fixed by the Court within the limits fixed by law as to such offense, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 667. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to provide that in all criminal trials in the Courts of this State wherein a contention is made on behalf of the accused that he was mentally incompetent at the time the acts charged against him were committed, the trial Judge shall require the Jury, in case of acquittal on such contention, to so specify in the verdict, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 668. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to amend Title 92 (Public Revenue), Division 1 (Sources of Revenue), Part IX (Income Taxes), Chapter 33 (Payment; Deficiencies; Assessment and Collection) of the Code of Georgia of 1933, as amended, relating to period of limitation upon assessment and collection of income taxes, etc., and for other purposes.
Referred to the Committee on Ways and Means.

HB 669. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to provide that in all criminal trials of this State, the accused, if he desires to present any facts to the Jury, shall be sworn as any other witness and shall be examined and cross-examined as any other witness; and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 670. By Mr. Perkins of Carroll:
A bill to be entitled an Act to repeal an Act known as the "Old Age Assistance Act", by including a section to provide for the responsibility of financially able children to support needy parents applying for old age assistance, and for other purposes.
Referred to the Committee on State of Republic.

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JOURNAL OF THE HOUSE,

HB 671. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to repeal an Act which provides for the creation of cooperative marketing associations for profit and defines and regulates their powers, privileges and responsibilities, etc., and for other purposes.

Referred to the Committee on General Agriculture # 1.

HB 672. By Mr. Tumlin of Bartow:
A bill to be entitled an Act to amend an Act which authorized the Director of the Division of State Parks, Historical Sites and Monuments of the Department of Natural Resources to sublease, upon approval of the Governor, to any county, municipality, public authority or other subdivision of the State, any property which the State of Georgia has leased from the United States Government or any agency thereof, etc., and for other purposes.
Referred to the Committee on Historical Research.

HB 673. By Mr. Adams of Evans:
A bill to be entitled an Act to provide that the incorporation of trust companies, and granting of trust powers to existing corporations, shall be subject to the approval of the Superintendent of Banks, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 674. By Mr. Adams of Evans:
A bill to be entitled an Act to declare and establish the policy and intention of the State of Georgia, and to provide that banks, banking institutions, trust companies doing a banking business, and savings banks, incorporated under the laws of this State shall be subject to taxation on an equal basis with banks and banking associations incorporated under the laws of the United States, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 675. By Mr. Adams of Evans:
A bill to be entitled an Act to amend an Act dealing with the time and place of payment of income taxes, and for other purposes.
Referred to the Committee on Ways and Means.

HB 676. By Messrs. Smith of Emanuel, Ray of Warren, Hand and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act known as the "Rural Telephone Cooperative Act", and for other purposes.
Referred to the Committee on State of Republic.

TUESDAY, JANUARY 15, 1952

1055

HB 677. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren and Edenfield of Emanuel:
A bill to be entitled an Act to amend an Act creating the Department of Public Safety so as to provide that the Warden of the Georgia State Prison at Reidsville, Georgia, shall be assigned a passenger motor vehicle for his use on official business, and for other purposes.
Referred to the Committee on State of Republic.

HB 678. By Messrs. Pittard of Clarke, Tamplin of Morgan, Matthews of Clarke, and others:
A bill to be entitled an Act to provide for the issuance by the State Revenue Commissioner of special license tags to motor vehicle owners who are members of the General Assembly of Georgia, and for other purposes.
Referred to the Committee on State of Republic.

HB 679. By Messrs. Pittard of Clarke, Tamplin of Morgan, Dally of Walton, Ivey of Newton, Wiggins of Stephens and Otwell of Forsyth:
A bill to be entitled an Act to provide a method of distribution of all tickets to all athletic contests between schools within the University System of Georgia, and for other purposes.
Referred to the Committee on University of Georgia.

HB 680. By Mr. Little of Peach:
A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Peach, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 681. By Mr. Kemp of Clayton: A bill to be entitled an Act to provide that the coroner of Clayton County shall be compensated on a salary rather than a fee basis, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 682. By Mr. Hall of Toombs:
A bill to be entitled an Act to amend an Act creating the City Court of Lyons, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 683. By Mr. Rogers of Heard:
A bill to be entitled an Act to amend the Charter of the City of Franklin, so as to change, extend and make uniform the corporate limits of said city, and for other purposes.
Referred to the Committee on Municipal Government.

1056

JOURNAL OF THE HOUSE,

HB 684. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend the charter of the City of Wadley, and for other purposes.
Referred to the Committee on Municipal Government.

HB 685. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to give the Ordinary of Stephens County compensation in addition to the fees which he now receives; to repeal conflicting laws, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 686. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act to create and establish a new charter for the Town of Bartow, and for other purposes.
Referred to the Committee on Municipal Government.

HB 687. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 688. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend the charter of the City of Louisville, and for other purposes.
Referred to the Committee on Municipal Government.

HB 689. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend the charter of the City of Wrens, and for other purposes.
Referred to the Committee on Municipal Government.

HB 690. By Messrs. Bentley and Williams of Cobb:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Austell, and for other purposes.
Referred to the Committee on Municipal Government.

HB 691. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act entitled "An Act to fix the compensation for the members of the Board of Roads and Revenues of Jefferson County, and for other purposes.
Referred to the Committee on Counties and County Matters.

TUESDAY, JANUARY 15, 1952

1057

HB 692. By Mr. Stewart of Habersham:
A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Habersham, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 693. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act entitled "An Act to amend an Act entitled 'An Act creating the City Court of Louisville'," and for other purposes.
Referred to the Committee on Municipal Government.

HB 694. By Messrs. Johnson and Overby 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 the Committee on Counties and County Matters.

HB 695. By Mr. Best of Clay:
A bill to be entitled an Act to provide that in all counties in the State having a population of not less than 5815 and not more than 5845 inhabitants, the Board of Commissioners of Roads and Revenues, in its discretion, may pay to the Sheriffs in such counties a subsistence not to exceed fifty dollars per month, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 696. By Messrs. Cornelius and McKelvey of Polk:
A bill to be entitled an Act to amend an Act entitled "Polk Treasurer's Salary and Bond", and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 697. By Messrs. Cornelius and McKelvey of Polk:
A bill to be entitled an Act to amend an Act entitled an Act to establish a City Court of Polk County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 698. By Messrs. Bentley and Williams of Cobb:
A bill to be entitled an Act to provide for the hours of holding elections in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 699. By Mr. Callier of Talbot:
A bill to be entitled an Act to amend an Act creating a new charter for the Town of Talbotton, and for other purposes.
Referred to the Committee on Municipal Government.

1058

JOURNAL OF THE HOUSE,

HB 700. By Mr. Greene of Crisp:
A bill to be entitled an Act to amend an Act creating a Board of County Commissioners for the County of Crisp, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 701. By Mr. Aycock of Jenkins:
A bill to be entitled an Act to amend an Act establishing the City Court of Millen, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 702. By Mr. Aycock of Jenkins:
A bill to be entitled an Act to amend an Act establishing the Board of Commissioners of Roads and Revenues for the County of Jenkins, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 703. By Mr. Lavender of Elbert:
A bill to be entitled an Act to amend an Act establishing the City Court of Elberton, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 704. By Mr. Scott of Thomas:
A bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the Town of Pavo, and for other purposes.
Referred to the Committee on Municipal Government.

HB 705. By Mr. Scott of Thomas:
A bill to be entitled an Act to amend an Act to establish the City Court of Thomasville, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 706. By Mr. Walker of Telfair:
A bill to be entitled an Act to amend an Act relating to the salary of the Clerk for the Tax Commissioner of the County of Telfair, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 707. By Mr. Walker of Telfair:
A bill to be entitled an Act to amend an Act relating to the salary of the Clerk of the office of Commissioner of Roads and Revenues, and for other purposes.
Referred to the Committee on Counties and County Matters.

TUESDAY, JANUARY 15, 1952

1059

HB 708. By Mr. Walker of Telfair:
A bill to be entitled an Act to provide for the payment of a salary from the Treasury of Telfair County to enable the Ordinary of said County to employ a clerk, as a clerk may be needed, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 157-708a. By Mr. Scott of Thomas:
A resolution to compensate Wayman Dekle for damages received while traveling on Georgia State Highway No. 38, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 158-708b. By Mr. Adams of Upson:
A resolution proposing an amendment to the Constitution to provide for the election by the people of the State School Superintendent and his Assistant; and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

HR 159-708c. By Mr. Adams of Upson:
A resolution proposing a constitutional amendment to revise the method of selecting the members of the State Board of Education, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 160-708d. By Mr. Murphy of Haralson:
A resolution to furnish Haralson County, Georgia Supreme Court Reports and Georgia Court of Appeals Reports, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HR 161-708e. By Mr. Clary of McDuffie:
A resolution conveying 2.3 acres of State lands to the City of Thomson, and for other purposes.
Referred to the Committee on Public Property.

HR l62-708f. By Mr. McCracken of Jefferson:
A resolution to reimburse J. W. Wilcher, Jr. for taxes paid on gasoline that was lost through leakage and which tax was not recovered through the resale of said gasoline, and for other purposes.
Referred to the Committee on State of Republic.

HR 163-708g. By Messrs. Murr and Burgamy of Sumter:
A resolution proposing that the Department of Public Safety be directed to pay out of the funds available to the Department the sum of Four Thousand Dollars to cover hospital bills, etc. in connection with

1060

JOURNAL OF THE HOUSE,

the treatment of the injuries of J. W. Southland, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 164-708h. By Mr. Walker of Crawford:
A resolution proposing to the qualified voters of Georgia an amendment providing for an exemption from all state, county and municipal ad valorem taxes for a period of time not exceeding five years for new manufacturing concerns migrating to this State, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

HR 165-708i. By Mr. Greer of Lanier:
A resolution proposing to the qualified voters of Georgia an amendment relating to the State Board of Education, so as to provide that the State Board of Education shall be the body to set all policy concerning public schools, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

HR 166-708j. By Mr. Boggus of Ben Hill:
A resolution requesting that the State Librarian furnish official reports of the Court of Appeals and of the Supreme Court of Georgia to the County of Ben Hill, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HR 167-708k. By Mr. Wiggins of Stephens:
A resolution to compensate Mrs. E. H. Kelley for damages to her automobile when struck by a vehicle owned by the Department of Public Safety and driven by a member of the Georgia State Patrol, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 168-7081. By Messrs. Alverson of Fulton, Hand and Twitty of Mitchell, Smith of Emanuel and others:
A resolution proposing to the qualified voters an amendment relating to the revision and veto power of the Governor, so as to provide that the Governor shall have thirty days after the adjournment of the General Assembly within which to approve any bill presented to him; and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 169-708m. By Mr. Dicus of Muscogee:
A resolution to compensate J earldyne Garrett for personal injuries caused by State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.

TUESDAY, JANUARY 15, 1952

1061

HR 170-708n. By Mr. Dicus of Muscogee:
A resolution to compensate Rachael Dravtin for damages to automobile, and for other purposes.
Referred to the Committee on Special Appropriations.

HR l71-708o. By Messrs. Perkins and Duncan of Carroll:
A resolution proposing to the qualified voters of Georgia an amendment, providing that the General Assembly may provide a bonus for service men and ex-service men and service women and ex-service women of the armed forces of the United States, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

HR 172-708p. By Mr. Perkins of Carroll:
A resolution proposing to the qualified voters an amendment so as to provide that in the event Carroll County School District is ever divided into more than one school district for any purpose or purposes whatsoever, such district may, with certain qualifications have the privilege of contracting, jointly or severally, for debts and obligations, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

The following Resolution of the House was read and adopted:

HR 173. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, Smith of Emanuel, and McCracken of Jefferson:
WHEREAS, the Honorable Willis Smith of Carroll County was for many years a faithful servant of his people in the General Assembly of Georgia, and more recently an esteemed member of the House of Representatives, and
WHEREAS, the Honorable Willis Smith has been called to his reward by an all-wise Providence and,
WHEREAS, our late colleague will be greatly missed by the members of the House and his other many friends in the State Capitol;
NOW THEREFORE, Be it Resolved by the House of Representatives that the deepest and sincerest sympathy of each member of the House of Representatives be expressed to his family and that a copy of this Resolution be spread upon the minutes of the House and that a copy be sent to his family.
Mr. Mims of Miller arose to a point of personal privilege and addressed the House.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following resolution of the House to wit:

1062

JOURNAL OF THE HOUSE,

HR 154. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A resolution requesting that the Honorable James F. Byrnes, Governor of South Carolina, be invited to address the joint meeting of the General Assembly, February 6, 1952.

Under the regular order of business, the following Resolution of the Senate was again taken up for consideration:

SR 22. By Senator Willingham of the 39th:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VII, Section 1, Paragraph II, Subsection 3 of the Constitution of the State of Georgia, so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, from five (5) mills on each dollar of the value of the property taxable in the State, to one-fourth ( 14) mill on each dollar of the value of the property taxable in the State; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME:
Section l.
That upon the approval of this Resolution in the manner hereinafter provided, Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia be and the same is hereby amended by striking from said sub-section the following: "five ( 5) ", and substituting in lieu thereof the following: "one-fourth ( 14), so that said subsection, as amended, shall read as follows:
"The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth ( 14) mill on each dollar of the value of the property taxable in the State."

Section 2.
Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding 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

TUESDAY, JANUARY 15, 1952

1063

voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballot the words: "For amendment to Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia, so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, for five (5) mills on each dollar of the value of the property taxable in the State, to onefourth ( 1.4) mill on each dollar of the value of the property taxable in the State". All persons opposing the adoption of said amendment shall have written or printed on their ballots the words: "Against amendment to Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia, so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, from five (5) mills on each dollar of the value of the property taxable in the State, to onefourth ( 1,4 ) mill on each dollar of the value of the property taxable in the State". If the people shall ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

Section 3.
That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

The following substitutes were submitted and read: Substitute to SR 22: By Mr. Freeman of Monroe:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia, so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, from five (5) mills on each dollar of the value of the property taxable in the State, to one-fourth ( 1,4) mill on each dollar of the value of the property taxable in the State; provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME:

1064

JOURNAL OF THE HOUSE,
Section 1.
That upon the approval of this Resolution in the manner hereinafter provided, Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia be and the same is hereby amended by striking all said subsection three and adding in lieu thereof a new subsection three, which shall read as follows:
"The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth ( 14 ) mill on each dollar of the value of the property taxable in the State; provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof."
Section 2.
Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding 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 ballot the words: "For amendment to Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia, so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, from five (5) mills on each dollar of the value of the property taxable in the State, to one-fourth ( 1,4) mill on each dollar of the value of the property taxable in the State; provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof." All persons opposing the adoption of said amendment shall have written or printed on their ballots the words: "Against amendment to Article VII, Section I, Paragraph II, Subsection 3 of the Constitution of the State of Georgia, so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in

TUESDAY, JANUARY 15, 1952

1065

time of war, from five (5) mills on each dollar of the value of the property taxable in the State, to one-fourth ( 1,4) mill on each dollar of the value of the property taxable in the State; provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof." If the people shall ratify sue hamendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.

Section 3.
That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

A BILL
Substitute to SR 22. By Mr. Nightingale of Glynn:
An Act to amend Section 92-111 of the Code of Georgia, which section relates to the assessment of an ad valorem tax by the State, so as to provide that there shall be levied and assessed annually an ad valorem tax on the taxable property of the State in the amount of onefourth ( 1,4 ) mill on each dollar of the value thereof; to require the State Department of Revenue to supervise and assist counties and other political subdivisions of the State in connection with ad valorem taxation; to provide that the effective date of this Act shall be January 1, 1953; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1. That Section 92-111 of the Code of Georgia which section was codified from Paragraph 2 of Section 2 of the General Tax Act of 1927, approved August 25, 1927 (Ga. Laws 1927, page 56) and Paragraph 2 of Section 2 of the General Tax Act of 1935, approved March 28, 1935 (Ga. Laws 1935, page 11) both of which paragraphs are identical in language, and which reads as follows:
"92-111. The Governor, by and with the assistance of the Comptroller General, is authorized and empowered to levy and assess annually an ad valorem tax on the taxable property of this State, at such rate as may be sufficient to raise a net amount of $100,000 as a sinking fund to pay off and retire the valid outstanding bonds of the State as they fall due, as required by Article VII, Section XIV, Paragraph I, of the Constitution (2-6201). The tax shall be specially levied and collected, and separate accounts of the same shall be kept by the State Treasurer, and the said amount so re-

1066

JOURNAL OF THE HOUSE,

ceived each year shall be applied to paying off and retiring the valid bonds of the State, maturing in their order continuously. All bonds retired under the provisions of this section shall be canceled and stamped by the Treasurer with the words 'sinking funds', and filed in his office. In addition to the foregoing levy, the Governor, by and with the assistance of the Comptroller General, shall levy and assess such additional rate of tax on the taxable property of this State as may be necessary to meet the appropriations of the General Assembly for each succeeding year. The aggregate ad valorem tax levy in any one year shall not exceed the tax rate limit fixed by the Constitution of this State."
is hereby amended by striking the language of said section in its entirety and substituting in lieu thereof new language as follows:
"92-111 (a) The State Revenue Commissioner is authorized and empowered, and is hereby directed, to levy and assess annually an ad valorem tax on the taxable property of this State, in the amount of one-quarter ( 1.4 ) mill on each dollar of the value of the said property.
"(b) The State Department of Revenue is hereby required to provide supervision and assistance to the several counties and other political subdivision of the State in connection with ad valorem taxation by the counties and other subdivisions of the State.
"(c) This Act shall become effective January 1, 1953.
" (d) All taxes which have accrued to the credit of the State under the provisions of Code Section 92-111 up to the effective date of this Act shall be paid to the State."
Section 2. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.
On the adoption of the substitute offered by Mr. Nightingale of Glynn, the ayes were 43, nays 81.
The substitute was lost. The substitute offered by Mr. Freeman of Monroe was adopted.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to, by substitute.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson
Alverson Aycock Ball Barber of Colquitt Bargeron
Barrett

Battles Baughman Beasley
Bell of DeKalb Bell of Richmond Best Biggers Birdsong Black Boggus
Bolton

Boone Brannen Brazeal Britton
Brooks Burgamy Burkett Byrd Callier Campbell of Walker Carr

TUESDAY, JANUARY 15, 1952

1067

Cates Clark Claxton Clay Coffin Coogle Cornelius Covington Dally Deason Deen Denton Dews Dicus Duncan Durham Edenfield Flynt Freeman Gardner Garrard Gary Gillis Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston lvey Jackson

Jessup Johnson of Hall Jolly Jones of Lumpkin Kelley Kemp Key Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McGarity McGee McKelvey McWhorter Mackay Mangum Mims Mishoe Murr Musgrove Neville Newman Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Ramsey Raulerson Risner Robertson of Coweta Rogers Rollins Rowland

Russell Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Whitworth Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Willis Wood Wooten Wright

Those voting in the negative were Messrs.:

Barber of Jackson Bentley Brantley Campbell of Oconee Greer

Harrell Kidd King Leach McCracken

Nightingale Pittard Ray Register Twitty

Those not voting were Messrs.: Clary, Cranford, Dorsey, Durden, Fears, Gowen, Griffith, Harper, Harris, Johnston, Jones of Bartow, Jordan, Kennedy, Matthews, Mull, Murphy, Nelson, Robertson of Dawson, Smith of Emanuel, Tarpley, Wilkinson, and Mr. Speaker.

1068

JOURNAL OF THE HOUSE,

On the adoption of the resolution, by substitute, the ayes were 168, nays 15.

The resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., tomorrow morning and the motion prevailed.

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

WEDNESDAY, JANUARY 16, 1952

1069

Representative Hall, Atlanta, Georgia, January 16, 1952

The House met, pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, 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 tht first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 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 uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions.
7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

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

HB 709. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel:
A bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act; so as to provide that it shall be the duty of all dealers to make their returns for taxes collected for any month by the fifteenth day of the following month, and for other purposes.
Referred to the Committee on Ways and Means.

HB 710. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, Hall of Floyd and Hawkins of Screven:
A bill to be entitled an Act to amend an Act so as to provide an appro- priation of $5,000,000.00 for each fiscal year for emergency capital

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outlay expenditures in establishing and maintaining a system of common schools, and for other purposes.
Referred to the Committee on Appropriations.

HB 711. By Messrs. Pickett of Pickens, Mims of Miller, Peacock of Dodge and others:
A bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", so as to change the age limit from 16 to 18 in the definition of a "dependent child", and for other purposes.
Referred to the Committee on Public Welfare.
HB 712. By Messrs. Smith of Emanuel and Sheffield of Brooks:
A bill to be entitled an Act to amend an Act entitled "Public Safety Department"; to change the rank and pay of the Supervisor of Safety
Responsibility and the Director of the Georgia Bureau of Investigation, and for other purposes.
Referred to the Committee on State of Republic.
HB 713. By Messrs. Owens of Tift, Best of Clay and Jackson of Jones:
A bill to be entitled an Act to amend an Act, which Act defines and enlarges jurisdiction of the Courts of Ordinary in those counties having no city or county courts, etc., and for other purposes.
Referred to the Committee on Special Judiciary.
HB 714. By Messrs. Owens of Tift, Wiggins of Stephens, Scott of Thomas and many others :
A bill to be entitled an Act to prohibit any person who shall feloniously kill another, or who shall conspire or procure the same to be done, from inheriting or in any way taking the property of the deceased, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 715. By Messrs. Wilkes of Cook and Green of Rabun:
A bill to be entitled an Act to amend an Act to amend an Act providing for prevention of waste and fostering of conservation of crude oil and natural gas and creating an Oil and Gas Commission, etc., and for other purposes.
Referred to the Committee on Conservation.

HB 716. By Messrs. Overby of Hall, Nightingale of Glynn, Murr of Sumter and Johnson of Hall:
A bill to be entitled an Act to amend an Act so as to provide period of bona fide residence before making application to stand the State Bar Examination, and for other purposes.
Referred to the Committee on Judiciary # 2.

WEDNESDAY, JANUARY 16, 1952

1071

HB 717. By Mr. Wheeler of Seminole:
A bill to be entitled an Act to amend an Act relating to Credit Unions, so as to increase the amount each Credit Union shall pay for annual examination by the State Banking Department, etc., and for other purposes.
Referred to the Committee on Banks and Banking.

HB 718. By Mr. Wheeler of Seminole:
A bill to be entitled an Act to amend an Act known as the General Appropriations Act so as to appropriate an additional fifty thousand dollars to the Department of Parks for the purpose of development of a State Park to be located in Seminole County, etc., and for other purposes.
Referred to the Committee on Appropriations.

HB 719. By Messrs. Mims of Miller, Durham of Baker, Hall of Floyd and Leach of Rockdale:
A bill to be entitled an Act to amend an Act known as the Welfare ReOrganization Act; to authorize 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.

HB 720. By Mr. Murr of Sumter:
A bill to be entitled an Act to provide that the Secretary of State shall be responsible for the distribution of the laws and journals of this State instead of the State Librarian, and for other purposes.
Referred to the Committee on Public Library.

HB 721. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to preclude the licensing of a corporation as a resident agent for the soliciting and writing of fire, marine and casualty insurance or fidelity and surety bonds, upon property and risks in this State, and for other purposes.
Referred to the Committee on Insurance.
HB 722. By Messrs. Greer of Lanier and Overby of Hall:
A bill to be entitled an Act to amend an Act pertaining to management, control, salary, duties, etc., of the Director of the Department of Archives and History, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 723. By Messrs. Smith of Emanuel, Aycock of Jenkins, Kitchens of Twiggs and many others:
A bill to be entitled an Act to amend an Act entitled "An Act to Establish a Minimum Foundation Program of Education", so as to provide

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a new formula for the calculation of funds needed by a county school system to defray the expenses of pupil transportation, etc., and for other purposes.
Referred to the Committee on Education # 2.

HB 724. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to be entitled an Act to grant extensions of time for the filing of income tax returns by returning Korean Veterans, and for other purposes.
Referred to the Committee on Ways and Means.

HB 725. By Mr. McGee of Chatham:
A bill to be entitled an Act to add an additional judge of the Superior Court for the Eastern Judicial Circuit of Georgia, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 726. By Messrs. Wiggins of Stephens, Overby of Hall, Lewis of Hancock and Johnson of Hall:
A bill to be entitled an Act to amend an Act entitled "Public Safety Department", so as to provide for additional personnel to be known as Radio Operators, etc., and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 727: By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act 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", and for other purposes.
Referred to the Committee on Pensions.

HB 728. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to amend an Act entitled "An Act to reduce the number of county commissioners of Laurens County from eight to three", and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 729. By Messrs. Lovett and Hadden of Laurens: A bill to be entitled an Act to amend an Act incorporating the Town of Rentz, in Laurens County, and for other purposes.
Referred to the Committee on Municipal Government.

HB 730. By Messrs. Lovett and Hadden of Laurens: A bill to be entitled an Act to amend an Act entitled, "An Act to

WEDNESDAY, JANUARY 16, 1952

1073

create a new charter for the City of Dublin", and for other purposes. Referred to the Committee on Municipal Government.

HB 731. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to place the Clerk of the Superior Court of Laurens County and his deputies on a salary basis, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 732. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in the County of Laurens, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 733. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to amend an Act entitled "An Act to amend an Act creating the City Court of Dublin", and for other purposes.
Referred to the Committee on Municipal Government.

HB 734. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to amend an Act entitled "An Act to amend an Act creating the City Court of Dublin", and for other purposes.
Referred to the Committee on Municipal Government.

HB 735. By Messrs. Lovett and Hadden of Laurens: A bill to be entitled an Act to place the Sheriff of Laurens County and his deputies on a salary basis, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 736. By Mr. Dews of Calhoun:
A bill to be entitled an Act to consolidate the office of Tax Receiver and Tax Collector of Calhoun County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 737. By Mr. Hall of Toombs:
A bill to be entitled an Act to amend an Act incorporating the City of Lyons, and for other purposes.
Referred to the Committee on Municipal Government.

HB 738. By Messrs. McGee and Page of Chatham: A bill to be entitled an Act to amend an Act entitled "An Act to

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amend the Charter of the Mayor and Aldermen of the City of Savannah", and for other purposes.
Referred to the Committee on Municipal Government.

HB 739. By Messrs. Page and McGee of Chatham:
A bill to be entitled an Act to amend the charter of the Mayor and Councilmen of the Town of Garden City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 740. By Messrs. White and Kelly 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, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 741. By Mr. Tamplin of Morgan: A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in and for the County of Morgan. and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 742. By Messrs. Battles and Clark of Decatur:
A bill to be entitled an Act to amend an Act entitled An Act to create a Board of Commiscsioners of Roads and Revenues for the County of Decatur, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 743. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to be entitled an Act to amend an Act entitled an Act to establish a City Court in the City of Columbus for Muscogee County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 744. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to be entitled an Act to amend an Act entitled an Act to establish a City Court in the City of Columbus, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 745. By Mr. Claxton of Camden:
A bill to be entitled an Act to amend the Charter of the City of St. Marys, and for other purposes.
Referred to the Committee on Municipal Government.

WEDNESDAY, JANUARY 16, 1952

1075

HB 746. By Messrs. Holis, Pickard and Dicus of Muscogee:
A bill to be entitled an Act to amend an Act entitled an Act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace, 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 747. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to be entitled an Act to establish the salary of the Clerk of the Superior Court of Muscogee County, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 748. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to be entitled an Act to establish the salary of the Sheriff of Moscogee County, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 749. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to be entitled an Act to amend an Act to abolish the offices of_ tax-receiver and Tax-collector of Muscogee County, Georgia, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 750. By Mr. Hawkins of Screven:
A bill to be entitled an Act to amend an Act establishing the City Court of Sylvania, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 751. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to be entitled an Act to establish the salary of the Ordinary of Muscogee County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 752. By Mr. Hawkins of Screven:
A bill to be entitled an Act to provide that the terms of the Superior Court of Screven County shall be held on the second Monday in the months of January, April, July, and the third Monday in the month of November, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 753. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to be entitled an Act to amend the charter of the City of Columbus, and for other purposes. Referred to the Committee on Municipal Government.

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HB 754. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to be entitled an Act to authorize Muscogee County to supplement the salary of the Judge of the Superior Courts of the Chatthoochee Circuit, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 755. By Mr. Greer of Lanier:
A bill to be entitled an Act to foster Free Enterprise in the Professions and Occupations licensed by examination, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 174-755a. By Messrs. Hand of Mitchell and Smith of Emanuel:
A resolution proposing to the qualified voters an amendment, so as to provide for a State Board of Education composed of one member from each Congressional District in the State to be elected by the voters of each District, and for other purposes.
Referred to the Committee on Education # 2.
HR 175-755b. By Messrs. Abney and Campbell of Walker:
A resolution proposing that the State Highway Department be directed to pay compensation for the damage done to truck of Mr. Louie Raines, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 176-755c. By Mr. Campbell of Oconee:
A resolution appropriating Fifty Five Dollars and Forty Seven Cents to reimburse Mr. W. L. Linenkohl, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 177-755d. By Messrs. Freeman of Monroe, Twitty of Mitchell and Smith of Emanuel:
A resolution authorizing a marble bust of Alexander Hamilton Stephens to be placed in the niche set apart in the State Hall of Fame of Virginia to receive such a memorial and for other purposes.
Referred to the Committee on Appropriations.

HR 178-755e. By Messrs. Hand of Mitchell, Smith of Emanuel, Ray of Warren,
Hall of Toombs and Hawkins of Screven: A resolution proposing an amendment to provide for the appropriation of funds for the capital outlay expenditures in establishing and maintaining a system of common schools, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.
HR 179-755f. By Messrs. Pittard of Clarke and Freeman of Monroe:
A resolution proposing an amendment so as to provide .that the Gen-

WEDNESDAY, JANUARY 16, 1952

1077

era! Assembly may exercise the power of taxation for the purpose of making provision for the payment of pensions to ex-Confederate soldiers and to widows of Confederate soldiers who are unmarried, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

HR 180-755g. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A Resolution proposing an amendment so as to authorize the designation of Judges pro hac vice in the Superior Court of Muscogee County, and for other purposes.
Referred to the Committee on Amendments to Constitution #2.

HR 181-755h. By Mr. Pickett of Pickens:
A Resolution proposing that the State Librarian furnish Pickens County full sets of the official reports of the Court of Appeals and of the Supreme Court of Georgia, and for other purposes.
Referred to the Committee on Public Library.

HR 182-755i. By Messrs. McGee and Page of Chatham:
A Resolution proposing an amendment so as to authorize Chatham County to enact ordinances for the Policing of said county, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 183-755j. By Messrs. Page and McGee of Chatham:
A Resolution providing for the compensation of Harold H. Smoak for damages to his automobile when it was struck by a vehicle owned and operated by the National Guard of Georgia and driven by a member of the National Guard, and for other purposes.
Referred to the Committee on Special Appropriations.

Mr. Alverson of Fulton 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 707. Do Pass. HB 706. Do Pass.
HB 681. Do Pass.
HB 680. Do Pass. HB 682. Do Pass. HB 687. Do Pass.

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HB 685. Do Pass. HB 692. Do Pass. HB 696. Do Pass. HB 700. Do Pass. HB 697. Do Pass. HB 703. Do Pass. HB 694. Do Pass. HB 695. Do Pass. HB 691. Do Pass. HB 705. Do Pass. HB 698. Do Pass. HB 708. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Greer of Lanier County, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Public Welfare 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 661. Do Pass.
Respectfully submitted,
Greer of Lanier,
Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic 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 628. Do Pass. HB 656. Do Pass.
HB 660. Do Pass.
HB 670. Do Pass.

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1079

HB 677. Do Pass. HB 678. Do Not Pass.

Respectfully submitted, McCracken of Jefferson, Chairman.

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

HB 628. By Messrs. Ray of Warren, Hand and Twitty of Mitchell, Smith of Emanuel, Key of Jasper, and Campbell of Oconee:
A bill to be entitled an Act to ratify, approve and confirm the executive orders of the Governor suspending the collection of retailers' and consumers' sales and use taxes on lunches sold and served to pupils and employees of public schools, and for other purposes.

HB 656. By Mr. Twitty of Mitchell:
A bill to be entitled an Act to prescribe the method of contracting for the erection, construction or altering of buildings for the State or County, and for other purposes.

HB 660. By Messrs. Twitty and Hand of Mitchell, Ray of Warren, and Smith of Emanuel:
A bill to be entitled an Act to amend an Act so as to authorize the expenditure of appropriated funds for the payment of benefits to permanently disabled persons, and for other purposes.

HB 661. By Mr. Twitty of Mitchell:
A bill to be entitled an Act to authorize the transfer of assets by charitable and non-profit corporations to the State Department of Public Welfare, and for other purposes.
HB 670. By Messrs. Perkins of Carroll and Rogers of Heard:
A bill to be entitled an Act to repeal an Act providing for the responsibility of financially able children to support needy parents, and for other purposes.
HB 677. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others:
A bill to be entitled an Act to amend an Act so as to provide the assignment of a motor vehicle for official use of the Warden of the Georgia State Prison at Reidsville, and for other purposes.

HB 680. By Mr. Little of Peach:
A bill to be entitled an Act to abolish the offices of tax collector and tax receiver in the County of Peach and to consolidate same, and for other purposes.

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HB 681. By Mr. Kemp of Clayton:
A bill to be entitled an Act to provide that the coroner of Clayton County shall be compensated on a salary rather than a fee basis, and for other purposes.

HB 682. By Mr. Hall of Toombs:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the judge and solicitor of the City Court of Lyons, and for other purposes.

HB 685. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to compensate the Ordinary of Stephens County in addition to the fees he now receives, and for other purposes.

HB 687. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the members of the Board of Commissioners of Roads and Revenues of Stephens County, and for other purposes.

HB 691. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the members of the Board of Roads and Revenues of Jefferson County, and for other purposes.

HB 692. By Mr. Stewart of Habersham:
A bill to be entitled an Act to abolish the offices of Tax Collector and Tax Receiver in Habersham County and to consolidate same, and for other purposes.

HB 694. By Messrs. Johnson and Overby of Hall:
A bill to be entitled an Act to amend an Act so as to change the salaries of the Judge and Solicitor of the City Court in the County of Hall, and for other purposes.

HB 695. By Mr. Best of Clay:
A bill to be entitled an Act to provide that in all counties having a population of not less than 5815 and not more than 5845 the Board of Commissioners of Roads and Revenues may pay to the sheriff subsistence of not more than $50.00 per month, and for other purposes.
HB 696. By Messrs. Cornelius and McKelvey of Polk:
A bill to be entitled an Act to amend an Act so as to provide for the change in the salary of the Treasurer of Polk County, and for other purposes.
HB 697. By Messrs. Cornelius and McKelvey of Polk:
A bill to be entitled an Act to amend an Act so as to provide for

WEDNESDAY, JANUARY 16, 1952

1081

the change in the salary and qualifications of the Judge of the City Court of Polk County, and for other purposes.

HB 698. By Messrs. Bentley and Williams of Cobb:
A bill to be entitled an Act to provide for the hours of holding elections in certain counties, and for other purposes.

HB 700. By Mr. Greene of Crisp:
A bill to be entitled an Act to amend an Act so as to change the territorial provisions of the County Commissioners of Crisp County, and for other purposes.

HB 703. By Mr. Lavender of Elbert:
A bill to be entitled an Act to amend an Act so as to change the salaries of the Judge and Solicitor of the City Court of Elberton, and for other purposes.

HB 705. By Mr. Scott of Thomas:
A bill to be entitled an Act to amend an Act so as to change the salaries of the Judge and Solicitor of the City Court of Thomasville, and for other purposes.

HB 706. By Mr. Walker of Telfair:
A bill to be entitled an Act to amend an Act relating to the salary of the Clerk for the Tax Commissioner of Telfair County, and for other purposes.

HB 707. By Mr. Walker of Telfair:
A bill to be entitled an Act to amend an Act relating to the salary of the Clerk of the office of Commissioner of Roads and Revenues for Telfair County, and for other purposes.

HB 708. By Mr. Walker of Telfair:
A bill to be entitled an Act to provide for the payment of a salary enabling the ordinary of Telfair County to employ a clerk, and for other purposes.

The following resolutions of the House were read and adopted:

HR 184. By Messrs. Hand and Twitty of Mitchell:

A RESOLUTION
Be it resolved by the House, that HR 3, providing for the appointment and compensation of attaches of the House, as amended by HR 143, by Mr. Jackson of Jones, be further amended as follows:
In the fourth paragraph thereof, which is designated "third"by striking the words "four copy readers" and inserting the word



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"five copy readers"; by striking the words "five typists" and inserting the words "six typists"; and by adding the following at the end of Paragraph Four: "Also two Multilith operators at not to exceed ten dollars per day."

HR 185. By Messrs. Greer of Lanier and Twitty of Mitchell:

A RESOLUTION
WHEREAS, during the last two or three sessions of the Legislature there have been various bills and resolutions offering to raise the salary schedule of various officials, including judges, department heads, constitutional officers, and others; and
WHEREAS, there has been no uniform program or policy adopted toward these salary raises; and
WHEREAS, some officials have been raised and bills for other officials have been either tabled or defeated in a somewhat haphazard method;
NOW, THEREFORE, BE IT RESOLVED that the Speaker of the House immediately appoint three members of this body to make a study of the salaries and emoluments of all State officials who have been involved in various legislation affecting these raises and report back to the House by Tuesday, January 22, if possible, with some uniform suggestion that the House might be able to follow in settling these controversies and working out a program for uniform and needed salary adjustments. This resolution is not to be construed as any attempt to force the members of the House to either raise or lower any salaries but merely an effort to arive at some uniform method of handling the various salary and pension requests that are now before the House in order to give the members of the House a comprehensive picture of the requests that are now before it.

Under the provisions of HR 185, the Speaker appointed the following as a Committee:
Messrs. Greer of Lanier, Twitty of Mitchell, and Bentley of Cobb.

The following resolution of the House was read:

HR 186. By Messrs. Burgamy of Sumter, Twitty of Mitchell, and others:

A RESOLUTION
To provide for reimbursement to members of the House of Representatives of the General Assembly of certain expenses; and for other purposes.
WHEREAS, No provision has been made for the reimbursement to members of the House of Representatives of the General Assembly of funds expended for necessary traveling expenses in traveling to and from the meeting of the General Assembly; NOW, THEREFORE, BE IT
RESOLVED by the House of Representatoves that the members

WEDNESDAY, JANUARY 16, 1952

1083

of the House of Representatives shall receive the sum of ten cents per mile for reimbursement of necessary mileage in traveling to and from the meeting of the General Assembly.
The Speaker referred the resolution to the Committee on State of the Republic.

Under the regular order of business, the following bills of the House were again taken up for consideration:

HB 219. By Messrs. Boggus of Ben Hill, Twitty of Mitchell, and others: A bill to be entitled an Act to provide for insuring children attending the public schools of Georgia, and for other purposes.
Mr. Twitty of Mitchell moved that the bill be tabled.
The motion prevailed, and the bill was placed on the table.

HB 597. By Messrs. Burgamy of Sumter, Black of Webster, and Murr of Sumter:
A bill to be entitled an Act to amend Section 74-9902 of the 1933 Code of Georgia, by providing that any father or mother who wilfully abandons his or her child shall be guilty of a felony, and for other purposes.

The following substitute was submitted and read:
By Messrs. Bentley of Cobb, Nightingale of Glynn and Murphy of Haralson:

A BILL
To be entitled an Act to amend Section 74-9902 of the Code of Georgia of 1933, as amended, which section relates to the abandonment of children and the penalty therefor, so as to change the penalty provisions regarding abandonment; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia as follows:
Section 1. Section 74-9902 of the Code of Georgia of 1933, as amended, which section relates to the abandonment of children, and the penalty therefor, is hereby amended by adding after the first sentence thereof the following:
"Provided, however, if any father or mother shall wilfully and voluntarily abandon his or her child, leaving it in a dependent condition, and shall leave this State, he or she, as the case may be, shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary for not less than one nor more than three years, which shall be reduceable to a misdemeanor.",
so that said section when so amended shall read as follows:
"74-9902. If any father or mother shall wilfully and voluntarily abandon his or her child, leaving it in a dependent condi-

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tion, he or she, as the case may be, shall be guilty of a misdemeanor. Provided, however, if any father or mother shall wilfully and voluntarily abandon his or her child, leaving it in a dependent condition, and shall leave this State, he or she, as the case may be, shall be guilty of a felony and shall, upon conviction, be imprisoned in the penitentiary for not less than one nor more than three years, which shall be reduceable to a misdemeanor. The wife and husband shall be competent witnesses, in such cases to testify for or against the other. A child thus abandoned by the father or mother shall be considered to be in a dependent condition when the father or mother charged with the offense does not furnish sufficient food and clothing for the needs of the child. The offense of abandonment shall be and is hereby declared to be a continuing offense. Former acquittal or conviction of said offense shall not be a bar to further prosecution therefor under this section; if it shall be made to appear that said child was in a dependent condition as defined herein for a period of thirty (30) days prior to the commencement of prosecution."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The substitute was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill by substitute, the ayes were 103, nays 7.
The bill, having received the requisite constitutional majority, was passed, by substitute.
Mr. Smith of Fulton requested that the Journal show that he voted against passage of HB 597.
Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:

HB 47. By Messrs. Overby of Hall, Lewis of Hancock, and others:

A bill to be entitled an Act to amend an Act so as to change the subsistence of the members of the State Pardon and Parole 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, Mr. Mims of Miller 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.:

Abney of Catoosa Abney of Walker Adams of Upson Alverson
Ball Barber of Jackson

Bargeron Baughman Beasley Bell of DeKalb Bell of Richmond Bentley

Best Bolton Boone Brannen Brantley Brazeal

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1085

Britton Brooks Burgamy Byrd Callier Campbell of Walker Carr Cates Clark Clary Claxton Coogle Cornelius Covington Cranford Deen Denton Dews Dicus Duncan Durham Flynt Freeman Gardner Gary Gillis Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Guthrie Hadden Hall of Floyd Harrell Harris Hawkins

Hilton Hopkins Huddleston Ivey Jackson Jessup Johnson of Hall Jones of Lumpkin Kemp Key Kidd King Kitchens Langdale Lanier Lewis of Greene Lovett McCracken McGee McKelvey Mackay Matthews Mims Murphy Murr Nelson Neville Nightingale Overby Parker
Peacock Perkins Pickard Pickett Pittard Ramsey

Those voting in the negative were Messrs. :

Ray Risner Robertson of Coweta Robertson of Dawson Rogers Rowland Russell Scott Scoggin Short Simmons Sivell Smiley Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Tarbutton Tarpley Terry Tippens Trapnell Tumlin Twitty Ursrey Vickers Warren Wheeler Whitworth Wiggins Wilkes Willingham Wooten

Adams of Evans Battles Birdsong Burkett Clay Deason Dorsey Durden Edenfield Fears Garrard Graham Green of Cherokee

Groover Hall of Toombs Henderson Herrin Holley Jolly Kelley Knight Lam Leach Musgrove Newman Otwell

Owens Raulerson Register Sumner Tillman Todd Turk Vandiver Waldrop White Williams of Houston Willis Wright

Those not voting were Messrs.: Adams of Brantley, Aycock, Barber of Colquitt, Barrett, Biggers, Black, Boggus, Campbell of Oconee, Coffin, Dally, Gowen, Hale, Harper, Hollis, Hood, Johnston, Jones of Bartow, Jordan, Kennedy,

1086

JOURNAL OF THE HOUSE,

Lavender, Lewis of Hancock, Little, McGarity, McWhorter, Mangum, Mishoe, Mull, Page, Rollins, Sheffield, Smith of Bryan, Tamplin, Walker of Crawford, Walker of Telfair, Weems, Wilkinson, Williams of Cobb, Wood, and Mr. Speaker.

By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 127, nays 39.
The bill, having received the requisite constitutional majority, was passed.
Messrs. Aycock of Jenkins and Lewis of Hancock requested that the Journal show that they voted for the passage of HB 47.
Mr. McCracken of Jefferson moved that the following resolution of the House be taken from the table:

HR 75-321e. By Mr. McCracken of Jefferson:
A resolution to compensate Joseph Keating and Rose Mary Keating's families, and for other purposes.
The motion prevailed.
On the adoption of the resolution the ayes were 91, nays 22.
The resolution, having failed to receive the requisite constitutional majority, was lost.
Mr. McCracken of Jefferson gave notice that at the proper time he would move that tl:e House reconsider its action in failing to adopt the resolution.

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

HB 480. By Mr. Bolton of Spalding:
A bill to be entitled an Act to ratify and make legal all verdicts and judgments heretofore rendered in any divorce case tried by the consent of the parties, and for other purposes.
The report 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 223. By Messrs. Bell, Mackay, and McWhorter of DeKalb:
A bill to be entitled an Act to amend Section 67-2002 of the 1933 Code of Georgia by providing the claim of lien must be filed for record within three months after the completion of the work, and for other purposes.

The following Committee substitute was read and adopted:

A BILL
A Bill to be entitled an Act to amend Section 67-2002 of the Code of Georgia, as codified in the annotated supplement to the Code of

WEDNESDAY, JANUARY 16, 1952

1087

Georgia of 1933, concerning the foreclosure of materialmen's and laborer's liens, by providing that claim of lien must be filed for record within three months after the materials or machinery is furnished; by providing that in the event of the death of the contractor, a lien may be enforced directly against the property improved; and for other purposes.
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that Section 67-2002 of the Code of Georgia, as codified in the annotated supplement to the Code of Georgia of 1933, by and the same is hereby amended as follows:

SECTION 1
By striking from sub-section 2 of said Section the words "The recording" and substituting in lieu thereof the words "The filing for record", and by striking from paragraph three of sub-section three of said seceion the words "when declared and recorded" and substituting in lieu thereof the words "when declared and filed for record", and by adding after the word "abscond" the words "or die" and after the words "civil liabilities" the words "or by reason of his death", so that Section 67-2002 as amended shall read as follows:
"To make good the liens specified in Section 67-2001, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective, viz:
1. A substantial compliance by the party claiming the lien with his contract for building, repairing, or improving, or for materials or machinery furnished or set up, as set forth in said section.
2. The filing for record for his claim of lien within three months after the completion of the work, or within three months after such material or machinery is furnished, in the office of the clerk of the superior court of the county where such property is situated, which claim shall be in substance as follows: 'A, B., a mechanic, contractor, materialman, machinist, manufacturer, or other person (as the case may be), claims a lien on the house, factory, steam mill, machinery, or railroad (as the case may be), and the premises or real estate on which it is erected or built, of C. D. (describing the houses, premises, real estate or railroad), for building repairing, improving or furnishing material (or whatever the claim may be).
3. The commencement of an action for the recovery of the amount of his claim within 12 months from the time the same shall become due.
In the event any contractor procuring material, labor or supplies for building, repairing or improving any real estate, building or other structure shall abscond or die or remove from the State within 12 months from the date such labor, suppleis or materials are furnished him, so that personal jurisdiction can not be obtained on said contractor in a suit for said material, labor or supplies, or if, after the filing of suit against such contractor, no final judgment can be obtained against him for the value of such material, labor or supplies, by reason of the bankruptcy of said contractor and his subsequent discharge from civil liabilities, or by reason of his death, then and in

1088

JOURNAL OF THE HOUSE,

any of said events, the person or persons so furnishing material, labor and supplies shall be relieved of the necessity of obtaining judgment against such contractor as a pre-requisite to enforcing a lien against the property improved by said contractor, and may, subject to the provision of Section 67-2001, enforce said lien directly against the property so improved, in an action against the owner thereof, but with the judgment rendered in any such proceeding to be limited to a judgment in rem against the property improved and to impose no personal liability upon the owner of said property; provided, that in such action for recovery, the owner of the real estate improved, who has paid the agreed price, or any part of same may set up such payment in any action brought, and prove by competent and relevant evidence that such payments were applied as provided by law, and no judgment shall be rendered against the property improved.
As between themselves, the liens provided for in said section shall rank according to date, but all of the liens herein mentioned for repairs building, or furnishing materials, upon the same property, shall, as to each other be of then same date when declared and filed for record within three months after the work is done, or before that time.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 110, nays 3.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 225. By Messrs. Bell, Mackay, and McWhorter of DeKalb:
A bill to be entitled an Act to amend Section 67-1403 of the Code of Georgia of 1933, by providing that conditional bills of sale must be filed for record within thirty days from their date, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 258. By Messrs. Johnson of Hall, Vandiver of Bibb, and others:
A bill to be entitled an Act to amend Section 60-422 and 60-424 of the 1933 Code of Georgia so as to provide that a decree of registration shall operate to free the registered land from further registration, and for other purposes.
The report 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 268. By Messrs. Dicus of Muscogee, Bentley of Cobb, and others:
A bill to be entitled an Act to amend Section 37-1503 of the Code of

WEDNESDAY; JANUARY 16, 1952

1089

Georgia, relating to the grounds for the grant of the interpleader, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On. the passage o:f the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 172. By Mr. Langdale of Lowndes:
A bill to be entitled an Act to authorize the appointment of an administrator de bonis non with will annexed, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was a,greed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, .was passed.,_

HB 330. By Mr. Smith 'of Fulton:

i 'I

''

A bill to be entitled an Act to define accounts receivable, to provide a

method of giving notice of assigll))lents of accounts receivable, and_ for.

other purposes.

'





'fhe report of \the .Committee, w~ic:h was fav;orable to the passage of the

bill, was agreed, to..



-

. ' '' .



On thepas!lage of the bill, the ayes were 106, nays 0.

The.:bill, .having received the requisi~ constitutio~ ma,jo~ity, was passed.

The' tollowing :resolution tif- the House was read and adopted:

HR 187. By Messrs. Bentley and Williams of Cobb:

A RESOLUTION
WHEREAS the a capella Choir of the Georgia State College for Women is one of the best of its kind in the Nation; and
'WHEREAS this Choir has appeared before this Body many times in the past and has furnished splendid entertainment for the members of the General Assembly : .
NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia that the a cappella Choir of the Georgia State College for Women' 'be extended a cordial invitation to give a performance before a joint session of the -House of Representatives and the Senate on----------------------------------------------------
BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Director of said Choir by the Clerk of the House of Representatives and that Honorable Culver Kidd, Representative from Baldwin County, be instructed to extend a personal invitation to the said Choir.

1090

' JOURNAL 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 482. By Messrs. Baughman of Early and Wheeler of Seminole:
A bill to be entitled an Act to amend Section 92-1403 of the Code of Georgia, relating to the tax on the sale or use of motor fuel, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the pasage of the bill, the ayes were 106, nays 0.
'!'he bill, having received the requisite constitutional majority, was passed.

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

,Mr. Speaker:
The Senate has agreed to the House substitute to the following resolution of the Senate to wit:

SR 22.

By Senator Willingham of the 39th:

A resolution proposing to the qualified voters an amendment to Article

VII, Section I, Paragraph II, Subsection 3 of the Constitution of tpe

State of Georgia so as to change the levy of taxes permitted on prop-

erty for any.one year by the General Assembly for all purposes, except

to provide for repelling invasions, suppressing insurrections, or de-

fending the State in time of war, from five (5) mills on each dollar

of the value of the property taxable in the State, to one-fourth ( 14 )

mill on each 'dollar of the value of the property taxable .in the State;

and for other purposes.



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

Mr. Speaker:
The Senate .has adopted by the requisite constitutional majority the following resolutions of the House. to wit:
HR 72-33lb. By Messrs. Johnson and Overby of Hall and others:
A Resolution that the lake formed by the Dam now under construction near Buford, Georgia, be named and henceforth called Lake Lanier in memory of that immortal Sidney Lanier.

HR 142. By Messrs. Hand of Mitchell; Greer of Lanier; Neville of Bulloch; and others:
A Resolution requesting the Insurance Commissioner to conduct an investigation as to rates being charged in the individual counties of this State for crop and hail insurance and determine whether such rates

WEDNESDAY, JANUARY 16, 1952

1091

are excessive, unfair or discriminatory.

HR 155. By Messrs. Hand and Twitty of Mitchell, and others:
A Resolution to provide for the naming of the State Hospital at Augusta, Georgia, as the "Eugene Talmadge Memorial Hospital."

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

HB 207. By Mr. Alverson of Fulton:
A bill to be entitled an Act to amend an Act so as to provide that the provisions of the "Election Primary-Recount Provided Law" shall apply to all municipal elections held in the State of Georgia, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 1.
The bill, having received the requisite constitutional majority, was passed.

Mr. Twitty of Mitchell moved that House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.

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

1092

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, -Georgia. January 17, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been :read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in
any order he deems advisable.

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

HB 756. By Messrs. Rogers of Heard and Perkins of Carroll:
A Bill to be entitled an Act to repeal an Act known as the "Old Age Assistance Act"; to provide for recovery from the estate of a deceased recipient receiving assistance under this Act, etc., and for other purposes.
Referred to the Committee on State of Republic.

HB 757. By Messrs. Matthews of Clarke, Campbell of Oconee, McCracken of Jefferson:
A Bill to be entitled an Act to provide for the size of trucks, tractors, and trailers or combinations thereof and to fix the weight of the load of said vehicles operating upon the public roads and highways of this State, and for other purposes.
Referred to the Committee on Motor Vehicles.

THURSDAY, JANUARY 17, 1952

1093

HB 758. By Mr. Vandiver of Bibb:
A Bill to be entitled an Act to repeal an Act relating to the necessity of grand jury indictments or presentments for certain offenses, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 759. By Mr. Vandiver of Bibb:
A Bill to be entitle.d an Act to amend an Act which defines and prohibits reckless driVing, and 'for other purposes.
Referred to the Committee on Motor Vehicles.

HB 760. By Mr. Vandiver of Bibb:
A Bill to be entitled an Act to amend an Act known as the Uniform N arcotic!i 'Drug Act, and for other purposes.
Referred to the Commmittee on Hygiene and Sanitation.

HB 761. By Messrs. Lavender of Elbert, Matthews of Clarke, Wiggins of Stephens and others :
A Bill to be entitled an Act to authorize and empower the Director of the State Game and Fish Commission -to make and enter into agreements with the proper authorities of the respective states adjoining this State whereby a valid fishing license issued by the State of Georgia will be accepted and honored, and for other purposes.
Referred to the coinmittee on Game and Fish.

HB 762. By Messrs. Hand of' .Mitchell, Ray of Warren, Smith of Emanuel and Key of Jasper:

A Bill to be entitled. an Act to' amend the Income Tax Act; to provide

for the. non-recognition of '?ertain, gain on certain COr:J?Orate liquida-

tions; and for other purposes.







Referred to the Committee on:Ways and Means.

HB 763. By Mr. Rowland of Johnson:
A Bill to be entitled an Act to amend the Workmen's Compensation Law of Georgia, and for other puq)Oses.
Referred to the Committee on Industrial Relations.
HB 764. By Messrs. Campbell of Oconee, Sivell of Harris, Tamplin of Morgan, Dally, of Walton and others:
A Bill to be entitled an Act to amend an Act relating to Milk; to regulate the distribution and sale thereof, and for other purposes.
Referred to the Committee on General Agrciulture. #1.

HB 765. By Messrs. Stocks of Lee, Key of Jasper, Rowland of Johnson and others:

1094

JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act relating to the amount of compensation paid to members of the Board of Education in each county, and for other purposes.
Referred to the Committee on Education #2.

HB 766. By Messrs. Smiley of Liberty, Kidd of Baldwin, Smith of Emanuel, Twitty of Mitchell and Key of Jasper:
A Bill to be entitled an Act to amend an Act known as the Act to codify the school laws of the State of Georgia, and for other purposes.
Referred to the Committee on Education # 1.

HB 767. By Messrs. Twitty of Mitchell, Smith of Emanuel and Gowen of Glynn:
A Bill to be entitled an Act to amend an Act relating to the filing of bills of exceptions in the office of the clerk where the case was tried, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 768. By Mr. Key of Jasper and Ray of Warren:
A Bill to be entitled an Act to amend the Act entitled "Housing Authorities Law", and for other purposes.
Referred to the Committee on State of Republic.
HB 769. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act entitled an Act to prohibit the driving of motor vehicles and school buses upon or over the roads of highways or upon any streets in the incorporated towns and cities, while said school buses are stopped and engaged in taking on and discharging school children therefrom, and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 770. By Messrs. Aycock of Jenkins and Neville of Bulloch:
A Bill to be entitled an Act to amend an Act relating to the time and manner of giving notice by persons desiring to vote by mail and the form of voucher signed by absentee voters, and for other purposes.
Referred to the Committee on State of Republic.

HB 771. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend an Act relating to the granting of default judgments without the intervention of a jury in certain cases where the damages are not unliquidated, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 772. By Mr. Hawkins of Screven: A Bill to be entitled an Act to amend an Act relating to the filing of

THURSDAY, JANUARY 17, 1952

1095

demurrers and pleas, so as to provide for service of demurrers and pleas; and for other purposes.
Referred to the Committee on General Judiciary #1. .

HB 773. By Mr. Bolton of Spalding:
A Bill to be entitled an Act to amend an Act making it a misdemeanor to appear in public places in a drunken condition, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 774. By Messrs. Hollis of Muscogee and Ray of Warren:
A Bill to be entitled an Act to amend an Act relating to the jurisdiction of the United States over certain lands in this State so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and citizens of any ceded territory used by the Department of Defense; and for other purposes.
Referred to the Committee on Special J\ldiciary.

HB 775. By Messrs. Smith of Fulton and Matthews of Clarke:
A Bill to be entitled an Act to provide that it shall be a misdemeanor to sell, catch, or possess with the intent to sell, fresh water game fish in this State, and for other purposes.
Referred to the Committee on Game and Fish.
HB 776. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to amend an Act creating the State Board of Corrections, so as to provide that the mentally diseased inmates of the Georgia State prisons, or other penal institutions, be cared for in a mental ward or facility located at the Georgia State Penitentiary at Reidsville; and for other purposes.
Referred to the Committee on State of Republic.

HB 777. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to regulate boxing, sparring and wrestling exhibitions in Georgia ; and for other purposes.
Referred to the Committee on Game and Fish.

HB 7778. By Messrs. M. Smith of Fulton and Johnson of Hall:
A Bill to be entitled an Act providing for the disposition of property where there is no sufficient evidence that persons have died otherwise than simultaneously, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 779. By Messrs. Smiley of Liberty, Claxton of Camden, Brantley of Upson and Clary of McDuffie:

1096

JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to prohibit the killing of mink or otter by any kind of firearm, and for other purposes.
Referred to the Committee on Game and Fish.

HB 780. By Messrs. Langdale of Lowndes, Greene of Crisp' and Clary of McDuffie:
A Bill to be entitled an Act to amend an Act relating to the power of the Game and Fish Commission, and for other purposes.
Referred to the Committee on Game and Fish,

HB 781. By Mr. Beasley of Mcintosh:

A Bill to be entitled an Act to regulate the use of nets 'for a certain

period in dragging for shrimp in Georgia, wate:rs, and for other pur-

. poses.







Referred to the Committee .on Game a11d Fish.

HB 782. By Mr. Murr of Sumter:'
A Bill to be entitled an Act to amend an Act relating to willful trespass and the punishment therefor, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 783. By Messrs. Murr and Burgamy of Sumter:.
A Bill to be entitled an Act to provide for the payment of attorneys fees in the foreclosure of deeds to secure debts, both realty and i>ersonalty, mortgages, bills of sale, .conditional sales C\)ntr.acts, etc., and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 784. By Messrs. Abney and Campbell of Walker,' Abney of Catoosa and Hale of Dade:
A Bill to be entitled an Act to make the Attorney-General of the State of Georgia, in his official capacity, the legal representative of the beneficiaries of Charitable Trusts and of the interest of the State in their Welfare as parens patriae in all suits involving their interests; and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 785. By Messrs. Abney and Campbell of Walker, Abney of Catoosa and Hale of Dade:
A Bill to be entitled an Act to authorize the trustees of any charitable trust having as its object the relief of aged, impotent, diseased, and poor people by providing hospitals and hospital services, when public necessity requires the hospital facilities to afford the relief authorized by the charitable trust, to contract with any hospital authority established under the laws of Georgia, and for other purposes.

THURSDAY, JANUARY 17, 1952 Referred to the Committee on GeneralJudiciary. #2.

1097

HB 786. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to require certain vehicles to be equipped with ll,lud guards, or fla;ps; and for other purposes.
Referred to the Commi~tee on Motor Vehicl"es.

HB 787. By Messrs.. Warren of Washington, Hadden of Laurens and Overby of Hall:
A Bill to be entitled an Act to amend an Act e~titied "An A~t to estab-
lish a State Board of Education", and for other purposes.
Referred to the Committee on Education # 1.

HB 788. By Messrs. Best of Clay and Twitty of Mitchell: A Bill to be entitled an Act to amend an Act referring to the destruction of useless public records, and for other purposes.
Referred .to the Committee on Historical Re.s(l~rch.
HB 789. By Messrs. Hand of Mitchell, Smith of Emanuel, Key ~f. Jasper, Matthews of Clarke, and 'many others: , . , A Blll t.o be entitled "an Act to amend an Act entitled "University System Building .Authority Ace', ..and for ot~er purposes.
. Referr.ed,to ..the Committee on University System of Georgia.
HB 790. By Messrs. Vandiver, Clay and Wood 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", and for other purposes.
Referred to the Committee on Municipal Government.
HB 791. By Messrs. Vandiver .and Clay of Bibb: A Bill to be entitled an Act to amend an Act which Act relates to the designation of a fiscal year by certain counties; to change the population classification therein set forth, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 792. By Messrs. Vandiver and Clay of Bibb: A Bill to be entitled an Act to amend an Act which relates to the fixing of salaries on a Calendar or Fiscal Year basis, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 793. By Messrs. Willis and Scott of Thomas: A Bill to be entitled an Act to amend an Act incorporating the Town

1098

JOURNAL OF THE HOUSE,

of Coolidge, and for other purposes. Referred to the Committee on Municipal Government.

HB 794. By Mr. Jolly of Franklin:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lavonia, and for other purposes.
Referred to the Committee on Municipal Government.

HB 795. By Mr. Page of Chatham:
A Bill to be entitled an Act to amend an Act amending the Charter of the Mayor and Councilmen of the Town of Garden City, and for other purposes.
Referred to the Committee on Municipal Government.

HB 796. By Mr. Clary of McDuffie:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of McDuffie County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 797. By Messrs. Huddleston of Fayette, Bolton and Harper of Spalding, Adams of Upson, Barrett of Pike and Brantley of Upson:
A Bill to be entitle.d an Act to amend an Act relating to the salary of the official court reporter of the Griffin Judicial Circuit, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 798. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act to establish a new charter for the City of Atlanta; to expand duties of the Municipal Revenue Collector, and for other purposes.
Referred to the Committee on Municipal Government.
HB 799. By Mr. Risner of Hart:
A Bill to be entitled an Act to amend an Act entitled an Act to create the office of Commissioner of Roads and Bridges for Hart County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 800. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act entitle "An Act to reenact the Charter of the City of Macon", and for other purposes.
Referred to the Committee on Municipal Government.

THURSDAY, JANUARY 17, 1952

1099

HB 801. By Messrs. Williams and Bentley of Cobb:
A Bill to be entitled an Act to amend an Act which changed certain c:ounty officers of Cobb County from a fee system to the salary system of compensation; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 802. By Messrs. Page, and McGee of Chatham:
A Bill to be entitled an Act amending the several Acts creating, incorporating, and relating to the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

HB 803. By Messrs. Alverson of Fulton, H. Smith and M. Smith of Fulton:
A Bill to be entitled an Act to provide additional procedure for condemnation of property applicable to municipalities or counties having a population of more than 250,000.
Referred to the Committee on Counties and County Matters.

HB 804. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act entitled an Act to establish a new charter for the City of Atlanta; to provide for parking meters, and for other purposes.
Referred to the Committee on Municipal Government.

HB 805. By Mr. Campbell of Oconee:
A Bill to be entitled an Act to compensate the Clerk of the Superior Court of Oconee County in the amount of fifty dollars per month in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 806. By Mr. Campbell of Oconee:
A Bill to be entitled an Act to amend an Act entitled an Act to amend an Act entitled an Act to abolish the office of County Treasurer of Oconee County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 807. By Mr. Campbell of Oconee:
A Bill to be entitled an Act to compensate the Sheriff of Oconee County in the amount of One Hundred Dollars per month in addition to fees; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 808. By Mr. Campbell of Oconee: A Bill to be entitled an Act to amend an Act creating the Board of

1100

JOURNAL OF THE HOUSE,

Commissioners of Roads and Revenues for the County of Oconee, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 809. By Mr. Campbell of Oconee: A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Ocoh~e County, 'and for other purposes.
Referred to the Committee on Counties arid County Matters.

HB 810. By Mr. Whitworth of Madison:

A Bill to be entitled an Act to amend an Act entitled an Act to amend,

consolidate and supersede the several acts incorporating the City of

Danielsville, and for other purposes.



Referred to the Committee on Municipal Government.

HR 188-810a. By Messrs. Vandiver, Clay and Wood of Bibb:
A Resolution proposing that the State Department of Public Welfare be ordered and directed to pay to Mr. Jack P. Black compensation for damages in collision; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 189-810b. By Messrs. Vandiver and Clay of Bibb, Perkins of Carroll, and others:
A Resolution proposing to the qualified voters an a~endment relating to the election of Solicitors General so as to provide for the election of Solicitors General of the .electors of each respective judicial circuits; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.

HR 190-810c. By Messrs. Vandiver and Clay of Bibb, Perkins of Carroll, and others:
A Resolution proposing to the qualified voters. of Georgia an amendment relating to the ~lection of judges of the Superior (::ourts so as to provide that such judges shall be elected by; the ,voters of their respective judicial circuits, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 191-810d. By Mr. Kitchens of Twiggs:
A Resolution directing the Department of Public Safety to compensate Mrs. W. J. Gallemore and Judge J. R. Wimberly in the amounts of $148.80 and $73.50 respectively for damage to their automobiles caused by a State Patrol Car, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 192-810e. By Mr. Smith of Emanuel:

THURSDAY, JANUARY 17, 1952

1101

A Resolution relieving the :Director and officials of the Department of Public Safety from any existing and future liability in or arising from a theft by one Preston Holden, and for other purposes.
Referred to the Committee on State of Republic.

HR 193-810f. By Mr. Stewart of Habersham:
A Resolution proposing that .the State Librarian be authorized to furnish the Superior Court of Habersham County missing volumes of the Georgia Reports and Georgia A~peals Reports, and for other purposes.
Referred to the Committee. on Special Judiciary.

HR 194-810g. By Mr. Kidd of Baldwin:
A Resolution to investigate the possibility of requiring third and fourth year Medical students to spend two months interning at the Milledgeville State Hospital; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 195-810h. By Mr. Kidd of Baldwin:
A Resolution to authorize an inspection tour of the Saint Elizabeth Hospital in Washington, D. C., and the Pilgrim State Hospital in Long Island, Ne~ York, to observe their operations; and for other purposes.
Referred to the Committee on Georgia State Sanitarium.

HR 196-810i. By Messrs. Boggus of Ben Hill, Rogers of Heard, McCracken of Jefferson, Ray of Warren, Twitty of Mitchell and Mims of Miller:
A Resolution proposing an amendment so as to authorize and require the various school boards of the counties, cities and independent systems employing school buses to cause poliCies of insurance to be issued according to laws now or hereafter. enacted by the General Assembly insuring the school children riding therein to and from School against bodily injury or death' at any time therefrom resulting from an accident or collision in which said buses are involved; and for other purposes.
Referred to the Committee on Amendments to Constitution #2.

HR 197-810j. By Messrs; Page and McGee of Chatham:
A Resolution appropriating the sum of $81.47 out of the State treasury to pay for damage to truck of Empire Ralilio and Specialty Company, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 198-810k. By Messrs. Williams and Bentley of Cobb:
A Resolution proposing that the proper authority be authorized to pay out of the Military Fund the sum of $222.69 to George A. Cabe for reimbursement; and for other purposes.

1102

JOURNAL OF THE HOUSE,

Referred to the Committee on Special Appropriations.

HR 199-8101. By Mr. Baughman of Early:
A Resolution proposing that an appropriated sum be paid out of the Treasury of the State to Bennie Sims, to cover damages to his car, medical expenses, funeral expenses, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 200-810m. By Mr. Adams of Upson:
A Resolution to compensate Mrs. S. T. Willis and her four children for injuries received in an automobile accident, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 210-810n. By Mr. Leach of Rockdale:
A Resolution proposing an amendment so as to provide for the appointment of the County School Superintendent of Rockdale County by the County Board of Education of said county, and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 202-810o. By Mr. Stewart of Habersham:
A Resolution to amend the rules of the House: By adding at the end of Rule 72 the following: "Provided, however that immediately preceding the final vote on any general bill or resolution, the Speaker shall call for, and the members of the House shall observe, one minute of reverent silence, and for other purposes.
Referred to the Committee on Rules.

HR 203-SlOp. By Mr. Boone of Wilkinson:
A Resolution proposing that the road laid from the Health Center in the City of Irwinton to Wriley, Georgia be named and designated as the "Jack Brown Road!" and for other purposes.
Referred to the Committee on Public Highways # 1.
HR 204-SlOq. By Mr. Boone of Wilkinson:
A Resolution proposing that the new bridge at Mcintyre be named and designated as the "Walden Bridge"; and for other purposes.
Referred to the Committee on Public Highways #2.

HR 205-SlOr. By Mr. Boone of Wilkinson: A Resolution proposing that the new bridge across Commissioner Creek be designated as the "Boone Bridge"; and for other purposes.
Referred to the Committee on Public Highways # 1.
HR 206-SlOs. By Mr. Boone of Wilkinson:

THURSDAY; JANUARY 17., 1952

1103

A Resolution proposing that the new bridge over Turkey. Creek, near Allentown, Georgia be named and designated as the "Brack Bridge", and for other purposes.
Referred to the Committee on Public Highways # 1.

HR 207-810t. By Mr. Boone of Wilkinson:
A Resolution proposing that the new bridge over Commissioner Creek on the .Pennington Highway be named and designated as the "McCook Bridge", and for other purposes.
Referred to the Committee on Public Highways #2.

HR 208-810u. By Mr. Boone of Wilkin8on:
A Resolution proposing that a portion of highway running from McIntyre, Georgia to its intersection with U. S. Highway No. 29 be named and designated as "Todd Road"; and for other purposes.
Referred to the Committee on Publi~ Highways # 2.

Mr. Alverson of Fulton 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 considera-
tion 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 749. Do Pass. HB 746. Do Pass. HB 750. Do Pass. HB 751. Do Pass. HB 736. Do Pass. HB 752. Do Pass. HB 731. Do Pass. HB 748. Do Pass. HB 740. Do Pass. HB 735. Do Pass. HB 742. Do Pass. HB 743. Do Pass. HB 754. Do Pass. HB 741. Do Pass. HB 728. Do Pass. HB 747. Do Pass.

1104

JOURNAL OF THE HOUSE,

HB 744. Do Pass. HB 701. Do Pass. HB 702. Do Pass. SB 189. Do Not Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General Judiciary #2, submitted the following report:
Mr. Speaker: Your Committee on GeneralJudiciary #2 has had under consideration the
following Bill and Resolutions of the House and has instructed me as Chaii:man, to report the same back to the House with the following recommendations:
HR 160-708d. Do Pass. HR 166-708 j. Do Pass. HB 631. Do Pass.
Respectf1lllf submitted, :Hollis of. Muscogee, .chairman.

Mr. Smith of Bryan 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 House and has instructed me as Chairman, to report the

same back to the House with the following recommendations t



HB 659. Do Pass, as Amended.

Respectfully submitted,

Smith of Bryan,

Chairman.

Mr. Barber of Colquitt 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

THURSDAY, JANUARY 17, 1952

1105

following Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 693. Do Pass, as Amended. HB 737. Do Pass. HB 729. Do Pass. HB 730. Do Pass. HB 734. Do Pass.
Respectfully submitted, Barber of Colquitt, Vice-Chairman.

Mr. McCracken of Jefferson County, 'chairman of the Committee on State of the Republic, submitted the following report~

Mr. Speaker:

Your Committee on StatE(ol'the 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 676. Do Pass.-

HB 712. Do Pass.

HR 162-708b. Do Pa~.

'Respectfully submitted,

::' McCracken of Jefferson,

,[

''i

Chairman.

The Speaker announced the following committee assignments:
State of Georgia Hous;! of Representatives
Atlanta, Ga. Fred Hand, Speaker
January 16, '1952 Honorable Joe Boone, Clerk House of Representatives Atlanta, Georgia Dear Mr. Boone:
I am appointing Honorable Robert L. Russell, Jr., to serve on the following committees in the House of Representatives:

1106

JOURNAL OF 'THE HOUSE,
General Judiciary #1
Amendments to the Constitution # 1
University System of Georgia
"I
Education # 2
Veterans Affairs Appropriations Excuse of Members Absent Without Leave Historical Research Public Library Privileges and Elections General Agriculture #2 With every good wish,
Sincerely yours, . Fred Han!l, Speaker:
FH/epn
State of Georgia House of Representatives
Atlanta:, Ga. Fred Hand, Speaker
January 16, 1952 Honorable Joe Boone, Clerk House of Representatives Atlanta, Georgia Dear Mr. Boone:
I am appointing Honorable C. C. Perkins to serve on the following committees in the House of Representatives:
University System of Georgia. Veterans Affairs
General Agriculture # 2 Education # 2 Public Highways # 2
Game and Fish General Judiciary #1
Amendments to the Constitution # 2

THURSDAY, JANUARY 17, 1952
Legislative and Congressional Re-Apportionment Pensions With every good wish,
Sincerely yours, Fred Hand, Speaker. FH/epn

1107

By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
HB 631. By Messrs. Coffin of Schley, Burgamy of Sumter, and others: A bill to be entitled an Act to amend Section 81-1402 of the Code of Georgia of 1933 relating to the granting of continuances in trial courts when any party or his leading counsel is absent from court by reason of his attendance as a legislator in the General Assembly, and for other purposes.
HB 659. By Messrs. Dicus of Muscogee, Alverson of Fulton, and others: A bill to be entitled an Act to amend an Act so as to change the penalty provisions of the Uniform Narcotic Drug Act, and for other purposes.
HB 676. By Messrs. Smith of Emanuel, Ray of Warren, and others: A bill to be entitled an Act to amend an Act so as to change the population figure in the Rural Telephone Cooperative Act, and for other purposes.
HB 693. By McMcCracken of Jefferson: A bill to be entitled an Act to amend an Act creating the City Court of Louisville for the County of Jefferson, and for other- purposes.
HB 701. By Mr. Aycock of Jenkins: A bill to be entitled an Act to amend an Act so as to increase the compensation of the judge and solicitor of the City Court of Millen, and for other purposes.
HB 702. By Mr. Aycock of Jenkins: A bill to be entitled an Act to amend an Act so as to provide for monthly compensation of members of the board of commissioners of roads and revenues of Jenkins County, and for other purposes.
HB 712. By Messrs. Smith of Emanuel and Sheffield of Brooks: A bill to be entitled an Act to amend an Act relating to' the Public Safety Department, and for other purposes.

1108

JOURNAL OF THE HOUSE,

HB 728. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to provide that the county commissioners of Laurens County shall be elected by road districts, and for other purposes.

HB 729. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to change the rate of property tax in Rentz, and for other purposes.

HB 730. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to change the corporate limits of Dublin, and for other purposes.

HB 731. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to place the clerk of the Court of Laurens County and his deputies on a salary basis, and for other purposes.

HB 734. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to provide that the Sheriff of Laurens County, when acting as Ex-Officio Sheriff of the City Court of Dublin, shall not receive any additional compensation, and for other purposes.

HB 735. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to place the Sheriff of Laurens County and his deputies on a salary basis, and for other purposes.
HB 736. By M~. Dews of Calhoun:
A bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Calhoun .County, and for other purposes.

HB 737. By Mr. Hall of Toombs:
A bill to be entitled an Act to amend an Act so as to provide for the election of a Mayor and Council for Lyons, and for other purposes.

HB 740. By Messrs. Kelley and'White of Gwinnett:
A bill to be entitled an Act to amend an Act relating to the salary of the Treasurer of Gwinnett County, and for other purposes.

HB 741. By Mr. Tamplin of Morgan:
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues in Morgan County, and for other purposes.
HB 742. By Messrs. Battles and Clark of Decatur:
A bill to be entitled an Act to amend an Act creating a Board of

THURSDAY, JANUARY 17, 1952

1109

Commissioners of Roans and Revenues in Decatur County, and for other purposes.,

HB 743. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled an:Act to amend an Act establishing a City Court in Columbus, and for other purposes..

HB 744. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled ari Act to .amend an Act establishing a City Court in Columbus, and for other purpos.es.

HB 746. By Messrs. HolUs, :Pickard, ~~~ Djcus of Muscogee:
A bill to be entitled an Act to amend an Act establishing a Municipal Court in Columbus, and for other purposes.

HB 747. By Messrs. Hollis, Pjckard, and Dicus of Muscogee_:.
A bill to be entitled an Act til establish' the salary of the Clerk' bf the Superior Court of Muscogee County, and for other purposes.

HB 748. By Messrs; Hollis~. P,iclmrd, and. D~cus of Muscogee:.
an A biil to be 'entitled Act .to establish the .salary ~f .the ::;heriff of
Muscogee Gount'y; ~afid 'for other' purpo~es.

HB 749. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled an Act~ amend an Act ~rea.ting the office of count~ tax co~missioner of Muscogee County, and for other purposes.

HB 750. By Mr. Hawkins 'o:f Screven: '

A bill to be entitled an Act to amend an Act establishing the City Court

of Sylvania, and for other purposes.



'

HB 751. By Messrs. Hollis, Pickard/ and Dicus of Muscogee:

'

,

'

-~ ' :

A bill to be entitled an Act to establish the salary. of the Ordinary of

Muscogee County, and for other purposes.

HB 752. By Mr. Hawkins of Screven:

.)

. ..

..

. :-

A llill t0 be entitled an Act to pro.v1de for the terms of the superior

court of 'Screven County, and for other purposes.

HB 754. By Messrs. Hollis, Pickard, and Dicus .of Muscogee:
A bill to be entitled an act to authorize Muscogee County to supplement the salary of the judge of the superior courts of the Chattahoochee Circuit, and for other .purposes.

HR 160-708d. By Mr. Murphy of Haralson:

1110

JOURNAL OF THE HOUSE,
A resolution requesting the State Librarian to furnish law books to the clerk of the superior court of Haralson County, and for other purposes.

HR 162-708f. By Mr. McCracken of Jefferson:
A resolution requesting reimbursement to J. W. Wilcher, Jr. for taxes paid on gasoline that was lost through leakage, and for other purposes.

HR 166-708j. By Mr. Boggus of Ben Hill:
A resolution requesting the state librarian to furnish law books to Ben Hill County, and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolution of the Senate to wit:
SB 226. By Senator Rawls of the lOth and Senator Dunn of the 8th:
A bill to change the name of the Albany Judicial Circuit to the Camilla Judicial Circuit; to create a new judicial circuit to be called the Albany Judicial Circuit to be composed of the County of Dougherty; provide for a judge and solicitor general for said circuit; to fix the terms of court; and for other purposes.
SB 287. By Senator Edenfield of the 2nd:
A bill to provide a salary of $75 per month for the Ordinary of McIntosh County in addition to fees, and for other purposes.
SB 241. By Senator Farrar of the 42nd:
A bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Chattooga County so as to provide the Commissioners shall receive $50.00 per month subsistence in lieu of per diem of services rendered, and for other purposes.
SB 245. By Senator Millican of the 52nd:
A bill to repeal an Act approved February 21, 1951 (Ga. Laws 1951 pp. 8033-3050) which establishes a joint Atlanta-Fulton County Planning Board and a joint Atlanta-Fulton County Board of Zoning Appeals, and to continue in effect planning and zoning ordinances and regulations, and for toher purposes.
SB 246. By Senator Millican of the 52nd:
A bill providing that municipalities having more than 250,000 population may have public hearings before committees and continue existing zoning regulations, and for other purposes.

THURSDAY, JANUARY 17, 1952

1111

SR 47. By Senator Stephens of the 50th:
1 A resolution proposing an amendment. to Article 7, Section 2, Paragraph 1, sub-paragraph 5, to. provide pensions for widows for Confederate soldiers married prior to Januar.y 1,19~0, and for other purposes.

By unanimous consent, the following Bills of the House were taken up .for consideration, read the third time and plac~ \lpon. their passage:
H:B 680~ By Mr. tittle of Peach:
A bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Peach County, and for other purposes~ The report .of the .c~mmittee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, the ayes were 103, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB {)8~. By Mr. Kemp of Clayton: A bill to be entitled an Act to provide that the coroner of Clayton County shall be compensated on a salary rather than a fee basis, and ff>r other .purposes.
The report' 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, nayso.
The bill, having received the requisite constitutional majority, was passed.
HB 682. By Mr. Hall of Toombs: A bill to be entitled an Act to amend an Act so as to increase the compensation of the judge and solicitor of the City Court of Lyons, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 685. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to give the ordinary of Stephens County compensation in addition to the fees he now receives, and for other purposes.
The report 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.

1112

JOURNAL OF THE HOUSE,

HB 687. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the members of the board of commissioners of Roads and Revenues in Stephens .County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the biil, tlie ayes were i'O't; ~ays 0.
The bill, having received the requisite constitutional maj{)rity, was passed.

HB

691.

By

Mr.

McCracken of

J

e

f

fe .'

r

s. o'

n

:

A bill to be entitled an Act to amend an Act so as to change the com-

pensation of the members of the boal'd of Roads and Revenues of Jeffer-

son 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 constirutioi'lal majority, was passed.:

HB 692. By Mr. Stewart of Habersham~
A bill to be entitled an Act to consolidate the offices of tax collector and tax receiver in Habersham County, and'for othet purposes.

The following ame11dment w.as read and adopted.:

"

Mr. Stewart of Habersham County moves to a:t,nend HB &92 by:

1. Adding to the caption immediately preceding the repealer clause, the following:

"To provide for the giving of notice showing the amount of tax due

and total assessment"



2. Adding a new section, Section 10, which shall read as follows:
"The Tax Commissioner shall not later than ,November 1, of each year, give ample written notice to each taxpayer, informing th~
latter of the amount of taxes due and the total assessment."

The report of the Committee, which was favonible to the passage of the bill, was agreed to, as amended.

On the passage of the bill, as amended, the ayes were 109, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

HB 694. By Messrs. Johnson and Overby of Hall:
A bill to be entitled an Act to amend an Act so as to change the salaries of the judge and solicitor of the city court in Hall County, and for other purposes.
The report of the Committee, which was favorable to the passage of the

THURSDAY, JANUARY 17, 1952

llf3

bill, was agreed to. On the passage of the bill, the ayes were 110, nays 0. The bill, having received the requisite constitutional majorty, was passed.

HB 695. By Mr. Best of Clay:
A bill to be entitled an Act to provide for the payment of ~ subsis~nce
to sheriffs of counties having a population of not less than 5815 and not more than 5845, and for other purposes;

The report 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 696. By Messrs. Cornelius and McKelvey; of Polk:

A bill to be entitled an Act to amend an .Act so as to provide for the ~nge in the salary-of .the txeasurer of' Polk 'County, and for other

purl?oses~

.

..

The report of the Committee, which was favorable to the passa-ge of :the

bill, was agreed to.

f

On the passage, of the bill, the ayes ~ere 112, n.ays 0.

..

.

.

.

. .... =

The bill, having received the requisite constitutional majority, was passed.

HB 697. ~y ~essrs. Cornelius and .McKelvey of Polk:
A bill to be entitled an Act to amend an Act so as to p:rovide for the change in the salary and qualification& of the judge of the city court of Pol~ County, and for othe:r; P.~rposes._
The report 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 698. By Messrs. Bentley and Williams of Cobb:
A bill to be entitled an Act to provide for the hours of holding elections in certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage Of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 700. By Mr. Greene of Crisp:
A bill to be entitled an Act to amend an Act creating a Board of County Commissioners for Crisp County, and for other purposes.

u.a

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 majorty, was passed.

HB 703. By Mr. Lavender of Elbert:
A bill to be entitled an Act to amend an act establishing the city court of Elberton, in Elbert County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 705. By Mr. Scott of Thomas:
A bill to be entitled an Act to amend an Act establishing the city court of Thomasville, in the County of Thomas, and for other purposes.
The report 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 706. By Mr. Walker of Telfair:
A bill to be entitled an Act to amend an Act so as to provide for a change in the salary of the clerk for the tax commissioner 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 707. By Mr. Walker of Telfair:
A bill to be entitled an Act to amend an Act so as to provide for a change in the salary of the clerk of 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 708. By Mr. Walker of Telfair:
A bill to be entitled an Act to provide for the payment of a salary enabling the ordinary of Telfair County to employ a clerk, and for other

THURSDAY, JANUARY 17, 1952

1115

purposes.
The report 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. McCracken of Jefferson moved that the House reconsider its action in failing to adopt the following resolution of the House:
HR 75-33le. By Mr. McCracken of Jefferson:
A resolution requesting compensation to dependents of Joseph and Rose Mary Keating, and for other Jlllrposes.
The motion to reconsider prevailed, and the resolution was placed at the foot of the calendar following HB 677.

By unanimous consent, the following resolution and bills of the Senate were read the first time and referred to the committees:
SR 47. By Senator Stephens of the 50th: A resolution proposing an amendment to provide pensions for widows for Confederate soldiers married prior to January 1, 1920, and for other purposes.
Referred to the. Committee on Amendments to Constitution # 1.
SB 226. By Senators Rawls of the lOth and Dunn of the 8th: A bill to be entitled an Act to change the name of the Albany Judicial Circuit to the Camilla Judicial Circuit, and for other purposes.
Referred to the Committee on State of Republic.
SB 237. By Senator Edenfield of the 2nd: A bill to be entitled an Act to provide that the Ordinary of Mcintosh County shall receive $75.00 per month in addition to fees, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 241. By Senator Farrar of the 42nd: A bill to be entitled an Act to amend the Act creating the Board of Commissioners of Roads and Revenues of Chattooga County, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 245. By Senator Millican of the 52nd: A bill to be entitled an Act to repeal an Act to establish a joint Atlanta-

1116

JOURNAL OF THE HOUSE,

Fulton County Planning Board and Board of Zoning Appeals, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 246. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend the general zoning law, so as to provide that municipalities having more than 250,000 population may have public hearings before committees and continuing existing zoning regulations, and for other pl!lrposes.
Referred to the Committee on Counties and County Matters.

Mr. Smith of Emanuel asked unanimous consent that the following Bill of the House be recommitted to the Committee on State of Republic for the purpose of' a public hearing:
HB 670. By Mr. Perkins of Carroll:
A bill to be entitled an Act to repeal an Act to amend the ''Old Age Assistance Act", and for other purposes.
The unanimous consent request was granted and the bill was recommitted.

Under the regular order of business, the following bills and resolution of the House were taken up for consideration and read the third time:
HB 660. By Messrs. Ray of Warren, Smith of Emanuel, and others:
A bill tQ be entitled an Act to amend an Ac~ so as to authorize the expenditure of appropriated funds for the payment of benefits to permanently disabled persons; and for other purposes. Th~ report of the Committee, ~hich was favorable to the passa~e of the bill, was agreed to.
On the passage of the bill, the ayes W~i!re 115, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB. 661. By Mr. Twitty of Mit~hell:
A bill to be entitled an Ac~ to authorize the transfer of assets by charitable and non-profit corporations to the State Department of Public Welfare, and for other purposes.
The report 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 677. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and others:
A bill to be entitled an Act to amend an Act so as to provide for the

TRURSDAY, JANUARY 17, 19.52

1117

assignment of a motor vehicle to .the warden of the Georgia State Prison at Reidsville,. and for other purposes.
The report of the Committee, which was favorable to the p~s~~ge of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 6.
The bill, having received the requisite constitutional majority, was passed.

HB 628.. By Messrs. Hand and Twitty of. Mitchell, Ray of Warren and others:

A bill to be entitled an Act to ratify, approve and confirm the executive orders. of the Governor su~pe~.:ling tl:1e collection of retailers' and con' .sumers' sales and use :taxes on Junches sold to school children, and for other purposes.

The .re.p0~t of the Committee, which was f~vorable 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.

HR 85-383a. By Messrs. Kidd and Parker of Baldwin:

A resolution authorizing the Governor tq sell or otherwise dispose of certain property on the old.State Prison Farm at Milledgeville, and for
oth~r pu~poses.

The report of the Committee, which was favorable to the adoption of the

resolution, was agreed to.



On the adoption of the resolution, the ayes were 109, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

Mr. Miiris of Miller requested that the Journal show that he 'voted against

adoption of HR 85-383a.



The following resolution of the House was read and adopted:
HR 209. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, Smith of Emanuel, and McCracken .of.Jefferson:
A JOINT RESOLUTION
WHEREAS, the Constitution of the United States provides that treaties made under the authority of the United States shall, along with the Constitution and Laws of the United States, be the supreme law of the land, anything in the Constitution or laws of any State to the contrary notwithstanding; and,
WHEREAS, the treaty-making power is, with increasing frequency, being resorted to for the purpose of empowering Congress to enact, by way of implementing treaties, laws which Congress would otherwise be without power to enact; and

1118

JOURNAL OF THE HOUSE,

WHEREAS, the effect of this provision of the Constitution of the United States is to enable the President, with the consent of two-thirds of the Senate, to change the Constitution of the United States and enlarge the powers of the Congress by conferring upon the Congress power to enact laws to implement and enforce such treaties; and
WHEREAS, the practice, if continued, could well result in complete destruction of the States and in gross invasions of the rights of the citizens of the United States; and
WHEREAS, such a condition is extremely dangerous and undesirable;
NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia that the Congress of the United States be hereby requested to call a convention for the purpose of proposing an amendment to Article 6, Clause 2 of the Constitution of the United States relating to the treaty-making power and that it be amended in the following respects:
1. To provide that a treaty shall not become the supreme law of the land upon ratification except to the extent that it shall thereafter be made so by act of Congress ;
2. To provide that in legislating to give effect to treaties Congress shall make no law not otherwise authorized by the Constitution; and
3. To provide that the basic structure of the United States Government as now embodied in the Constitution, the express limitations of the Constitution on the powers of Congress, the guarantees of rights and freedoms contained in the Constitution and the Bill of Rights, and the powers reserved to the states and to the people, shall not be in anywise altered by any treaty or executive agreement nor otherwise than by constitutional amendment.
BE IT FURTHER RESOLVED, Thatthe Congress of the United States be, and it hereby is, requested to provide as the mode of ratification that said amendment shall be valid to all intents and purposes, as part of the Constitution of the United States, when ratified by the legislatures of three-fourths of the several states; and
BE IT FURTHER RESOLVED, That a duly attested copy of this resolution be immediately transmitted to the secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States and to each member of the Congress from this State.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock, A. M., Monday, January 21, 1952, and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, A. M., Monday, January 21, 1952.

MONDAY, "JANUARY n; 1952

1119

Representative Hall, Atlanta, Georgia, .'January 21st, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions.
6. First reading and reference of Senate bills and resolutions.
7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

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

HB 811. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act to Amend an Act relating to the revocation of wills by the subsequent marriage of the testator or the birth of a child to him, so as to provide that a subsequent divorce shall also revoke a will; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 812. By Messrs. Durden of Dougherty and Gardner of Dougherty: A Bill to be entitled an Act to amend an Act relating to the recording

1120

JOURNAL OF THE HOUSE,

deeds not attested by an official witness so as to provide that deeds attested by only one witness who is an official witness shall be entitled to record; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 813. By Mr. Tarpley of Union:
A Bill to be entitled an Act to repeal an Act which provides punishments for persons convicted of murder; and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 814. By Mr. Overby of Hall:
A Bill to be entitled an Act to amend an Act defining reckless driving, so as to provide for the examination of school bus drivers, and for other purposes.
Referred to the Committee on Education #2.

HB 815. By Mr. Overby of Ha'l:
A Bi!l to be entitled an Act to amend an Act relating to driving and traffic regulations, so as to provide specifications for school buses purchased in the State, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 816. By Messrs. Covington of Floyd, Dicus of Muscogee, l\L Smith of Fulton, Scoggin of Floyd and others:
A Bill to be entitled an Act to amend an Act wh!ch' provides an issuance period of five days for certain marriage licenses, etc., and for other purposes.
Referred to the <;:ommittee on General Judiciary # ~
HB 817. By. Messrs. Parker .of .Baldwin, Boone cf Wi kinson, Jackson of Jones and others:
A Bill to be entitled an Act to amend an Act to establish an employees' retirement system, and for other purposes.
Referred to the Committee on Georgia State Sanitorium.

HB 818. By Mr. Covington of Floyd:
A Bill to be entitled an Act to amend an Act which relates to the dormancy of judgments, so as to provide for the 1ecording of executions with all entries thereon; and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 819. By Messrs. Deason of Stewart and Dicus of Muscogee:
A Bill to be entitled an Act to amend an Act relating to the disposition of the proceeds of the sale of lands, so as to authorize the court to award attorney's fees; and for other purposes.

MONDAY, JANUARY 21, 1952
Referred to the Committee on General Judiciary # 1.

1121

HB 820. By Messrs. Durden of Dougherty and Hopkins of Charlton:
A Bill to be entitled an Act to amend an Act entitled "Toll Road from Florida Line to St. Marys", and for other purposes.
Referred to the Committee on State of Republic.

HB 821. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to create a lien in favor of every clinic and hospital, public or private, and every hospital authority organized and maintaining a hospital under the laws of this State for the amount of the reasonable charges of such hospital, for the treatment and care of any person for personal injuries, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 822. By Mr. Tarpley of Union:
A Bill to be entitled an Act to provide for holding two additional terms of the Superior Court of Union County for the purpose of trying non-jury matters, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 823. By Mr. Duncan of Carroll:
A Bill to be entitled an Act to extend the corporate city limits of the City of Carrollton, and for other purposes.
Referred to the Committee on Municipal Government.

HB 824. By Messrs. Scoggin, Covington and Hall of Floyd:
A Bill to be entitled an Act to amend an Act entitled An Act providing for a supplement to the annual salary now provided by law for the Judge of the Superior Court of the Rome Judicial Circuit; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 825. By Messrs. Rollins and Biggers of Meriwether:
A Bill to be entitled an Act to amend an Act which incorporated the City of Manchester in the counties of Meriwether and Talbot, and for other purposes.
Referred to the Committee on Municipal Government.

HB 826. By Messrs. Covington, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to amend an Act relating to the Coroner's fees, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 827. By Mr. Robertson of Dawson:

1122

JOURNAL OF THE HOUSE,

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 the Committee on Counties and County Matters.

HB 828. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act incorporating the City of Quitman, and for other purposes.
Referred to the Committee on Municipal Government.

HB 829. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act incorporating the City of Quitman, and for other purposes.
Referred to the Committee on Municipal Government.

HB 830. By Mr. Sheffield of Brooks:
A Bill to be entitled an Act to amend an Act incorporating the City of Quitman, and for other purposes.
Referred to the Committee on Municipal Government.

HR 210-830a. By Mr. Boone of Wilkinson:
A Resolution proposing that the projected bridge across Sandy Creek on the highway from Allentown to Toomsboro be named and designated "Hall Bridge", and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 211-830b. By Messrs. Cates and Bargeron of Burke:
A Resolution proposing that the State Highway Board be authorized to pay J. W. Borom $80.55 as damages and reimbursement; and for other purposes.
Referred to the Committee on Special Appropriations.

HR 212-830c. By Messrs. Carr and Britton of Whitfield:
A Resolution authorized to reimburse Charles Burch the sum of One Hundred and Fifty Dollars for forfeited bond, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 213-830d. By Mr. Aycock of Jenkins:
A Resolution to compensate Mr. H. G. Sherrod of Millen, Georgia, for injuries to himself and wife, and for damages to his truck when hit by a car driven by a member of the Georgia State Patrol, and for other purposes.
Referred to the Committee on Special Appropriations.

MONDAY, JANUARY 21, 1952

1123

HR 214-830e. By Mr. Aycock of Jenkins:
A Resolution proposing that the Department of Public Welfare be directed to pay to Mrs. Maxie Hooks the sum of $6,000.00 as compensation for her loss; and for other purposes.
Referred to the Committee on Public Welfare.

HR 215-830f. By Messrs. Perkins and Duncan of Carroll:
A Resolution proposing an amendment so as to provide for the division of Carroll County into school districts, etc., and for other purposes.
Referred to the Committee on Amendments To Constitution # 1.

HR 216-830g. By Messrs. Williams of Houston and Vandiver of Bibb:
A Resolution proposing that the State Librarian be directed to furnish to the Superior Court of Houston County the missing volumes of Georgia Reports of the Supreme Court and Court of Appeals, and for other purposes.
Referred to the Committee on Public Library.

HR 217-830h. By Messrs. Vandiver, Clay and Wood of Bibb:
A Resolution proposing an amendment so as to authorize the City of Macon, Bibb County, to issue revenue anticipation certificates to produce funds for making improvements, additions, and betterments to its existing hospital facilities and to secure the payment of such certificates and interest thereon, etc., and for other purpo;ses.
Referred to the Committee on Amendment to Constitution #2.

HB 831. By Mr. Peacock of Dodge:

A Bill to be entitled an Act to amend an Act by increasing .the salary

of the Commissioner of Roads and Revenue of Dodge Comity, and

for other purposes.



Referred to the Committee on Counties and County Matters.

HB 832. By Mr. Peacock of Dodge:

A Bill to be entitled an Act to amend an Act by changing the com-

pensation from $150.00 per month to ten per cent of the amount of

taxes collected; to provide that the sheriff's Fi. Fa. costs shall be paid

into the County Treasury, and for other purposes.



Referred to the Committee on Counties and County Matters.

HB 833. By Mr. Peacock of Dodge:
A Bill to be entitled an Act to supplement the compensation now received by the Ordinary of Dodge County, and for other purposes.
Referred to the Committee on Counties and County Matters.

The following communication was received:

1124

JOURNAL OF THE HOUSE,

STATE OF SOUTH CAROLINA Office of the Governor Columbia

January 18, 1952

James F. Byrnes Governor

Alex McCullough Research Secretary Miss Cassie Connor
Secretary

Honorable S. Marvin Griffin President of the Senate Honorable Fred Hand Speaker of the House of Representatives State Capitol Atlanta, Georgia

Gentlemen:

I am in receipt of a Joint Resolution inviting me to address a joint meeting of the General Assembly of Georgia on February 6 at 12
o'clock M. It gives me pleasure to accept the invitation.

Respectfully yours,

JFB:eh

James F. Byrnes

CC: Honorable George D. Stewart Secretary of the Senate Honorable Joe Boone Clerk of the House of Representatives

Mr. Alverson of Fulton 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 considera-
tion 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 796. Do Pass. HB 799. Do Pass. HB 792. Do Pass. HB 808. Do Pass. HB 807. Do Pass. HB 791. Do Pass.
HB 801. Do Pass. HB 809. Do Pass.

MONDAY, JANUARY 21, 1952

1125

HB 806. Do Pass. HB 805. Do Pass. HB 732. Do Pass. HB 620. Do Pass. HB 803. Do Pass. SB 241. Do Pass. SB 237. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Langdale of Lowndes 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 779. Do Pass.
HB 780. Do Pass.
HB 781. Do Pass.
HB 761. Do Pass. Respectfully submitted, Langdale of Lowndes, Chairman.

Mr. M. Smith of Fulton County, Chairman of the Committee on Insurance, submitted the following report:

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

HB 721. Do Pass.

Respectfully submitted, M. Smith of Fulton, Chairman.

1126

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 620. By Mr. Mims of Miller:
A bill to be entitied an Act to amend an Act so as to increase the compensation of the Chairman of the Board of Commissionei-s of Roads and Revenues of Miller County, and for other purposes.

HB 721. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to preclude the licensing of a corporation as a resident agent for the soliciting and writing of fire, marine, and casualty insurance, or fidelity and surety bonds, and for other purposes.

HB 732. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Laurens County into the office of County Tax Commissioner, and for other purposes.

HB 761. By Messrs. Lavender of Elbert, Matthews of Clarke, and others:
A bill to be entitled an Act to authorize the reciprocal honoring of fishing licenses between the State of Georgia and adjoining states in connection with fishing in certain lakes, and for other purposes.

HB 779. By Messrs. Beasley of Mcintosh, Smiley of Liberty, and others:
A bill to be entitled an Act to prohibit the killing of mink or otter by any kind of firearm, and for other purposes.

HB 780. By Messrs. Langdale of Lowndes, Greene of Crisp, and Clary of McDuffie:
A bill to be entitled an Act to amend Section 45-146 of the Annotated Supplement of the 1933 Code of Georgia relating to the power of the Game and Fish Commission to fix bag limits and open and closed seasons, and for other purposes.
HB 781. By Mr. Beasley of Mcintosh:
A bill to be entitled an act to regulate the use of nets for a certain period in dragging for shrimp in Georgia waters, and for other purposes.

HB 791. By Messrs. Clay and Vandiver of Bibb:
A bill to be entitled an Act to amend an Act so as to change the population classification therein set forth, and for other purposes.
HB 792. By Messrs. Clay and Vandiver of Bibb:
A bill to be entitled an Act to amend an Act so as to change the population classification therein set forth, and for other purposes.

MONDAY, JANUARY 21, 1952

1127

HB 79fi. By Mr. Clary of McDuffie:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the Commissioner of Roads and Revenues of McDuffie County and his clerk, and for other purposes.

HB 799. By Mr. Risner of Hart:
A bill to be entitled an Act to amend an Act so as to change the term of office of the Commissioner of Roads and Revenues of Hart County, and for other purposes.

HB 801. By Messrs. Bentley and Williams of Cobb:
A bill to be entitled an Act to amend an Act so as to provide that deputy sheriffs of Cobb County shall have a salary of $4,200.00, and for other purposes.

HB 803. By Messrs. Alverson, Smith, and Smith of Fulton:
A bill to be entitled an Act to provide additional procedure for condemnation of property applicable to municipalities or counties having a population of more than 250,000, and for other purposes.

HB 805. By Mr. Campbell of Oconee:
A bill to be entitled an Act to compensate the Clerk of the Superior Court of Oconee County in the amount of fifty dollars per month in addition to fees, and for other purposes.

HB 806. By Mr. Campbell of Oconee:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the Treasurer of Oconee County, and for other purposes.

HB 807. By Mr. Campbell of Oconee:
A bill to be entitled an Act to compensate the Sheriff of Oconee County in the amount of one hundred dollars per month in addition to fees, and for other purposes.

HB 808. By Mr. Campbell of Oconee:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the chairman and members of the Board of Commissioners of Roads and Revenues of Oconee County, and for other purposes.
HB 809. By Mr. Campbell of Oconee:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the Tax Commissioner of Oconee County, and for other purposes.

SB 237. By Senator Edenfield of the 2nd: A bill to be entitled an Act to provide that the Ordinary of Mcintosh

1128

JOURNAL OF THE HOUSE,

County shall receive $75.00 per month in addition to fees, and for other purposes.

SB 241. By Senator Farrar of the 42nd:
A bill to be entitled an Act to amend an Act so as to provide that the Commissioners of Roads and Revenues of Chattooga County shall receive $50.00 per month subsistence in lieu of per diem, and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 224. By Senator Carlisle of the 7th: A bill to amend the laws relating to speed limits by providing day time speed limit of 60 miles for cars weighing less than ten thousand pounds and 50 miles night time; and on trucks on ten to sixteen thousand pounds fixing the speed limit at 40 miles; and for other purposes.
SB 225. By Senator Carlisle of the 7th: A bill to change the penalty for abandonment of child from a misdemeanor to a felony and provide imprisonment for not less than one nor more than five years; and for other purposes.
SB 261. By Senator Hawes of the 30th:, A bill to amend Section 83-201 of the Code to provide the manner of obtaining rights of way by persons or corporations engaged in the business of mining and quarrying; and for other purposes.
HR 60. By Mr. Tarpley of Union:
A resolution proposing an amendment so as to provide for the division of Union County into school districts, and for other purposes.
HB 298. By Mr. Garrard of Wilkes: A bill to be entitled an Act to authorize the fixing of the compensation of the physicians and attorneys at law who serve on a Commission of Lunacy, and for other purposes.

By unanimous consent, the following bills and resolutions of the House were taken up for consideration and read the third time:
HB 693. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act so as to provide for a change in the salaries of the Judge and Solicitor of the City Court of

MONDAY, JANUARY 21, 1952

1129

Louisville, and for other purposes.

The following committee amendment to HB 693 was read and adopted:

The Committee on Municipal Government amends HB 693 as follows:

By adding a new section to be numbered appropriately and to read as follows:
Be it further enacted that in addition to the salary fixed above for the Solicitor of said court that in condemnation cases he shall be paid a fee of $25.00 which shall be paid out of the fund received from the sale of the condemned property. The county shall in no manner be responsible for the payment of said fee of $25.00 herein provided.
The report of the Committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 701. By Mr. Aycock of Jenkins:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the Judge and Solicitor of 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 702. By Mr. Aycock of Jenkins:
A bill to be entitled an Act to amend an Act so as to provide for monthly compensation of the members of the Board of Commissioners of Roads and Revenues of Jenkins County, and for other purposes.
The report of the Committee, which was favorable to the passage of the till, 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 728. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to provide that the County Commissioners of Laurens County shall be elected by road districts in the county primary as well as in the general election, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.

1130

JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed.

HB 729. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to provide that the rate of taxation in Laurens County shall not exceed 1%% of the value of the 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

liB 730. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Dublin, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 731. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to place 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 734. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to provide that the Sheriff of Laurens County, when acting as ex-officio sheriff of the City Court of Dublin, shall not receive any additional compensation, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 735. By Messrs. Hadden and Lovett of Laurens: A bill to be entitled an Act to place the Sheriff 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.

MONDAY, JANUARY 21, 1952

1131

On the passage of the bill, the ayes were 111, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 736. By Mr. Dews of Calhoun:
A bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Calhoun County into the office of Tax Commissioner, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 737. By Mr. Hall of Toombs:
A bill to be entitled an Act to amend an Act so as to provide for the election of Mayor and Council of the City of Lyons, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
Ori the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 740. By Messrs. Kelley and White of Gwinnett:
A bill to be entitled an Act to amend an Act so as to provide for a change in the salary of the Treasurer of Gwinnett 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 741. By Mr. Tamplin of Morgan:
A bill to be entitled an Act to amend an Act so as to provide for a change in the compensation of the members of the Board of Commissioners of Roads and Revenues of Morgan County and the clerk 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 742. By Messrs. Battles and Clark of Decatur:
A bill to be entitled an Act to amend an Act so as to provide for changing the regular meetings of the Board of Commissioners of Roads and

1132

JOURNAL OF THE HOUSE,

Revenues of Decatur County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 743. By Messrs. Hollis, Picard, and Dicus of Muscogee:
A bill to be entitled an Act to amend an Act so as to provide for an increase in the jurisdiction of the City Court of Columbus, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 744. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled an Act to amend an act so as to fix the salary of the Judge of the City Court of Columbus, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 746. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled an Act to amend an Act so as to provide for an increase in the salaries of the Judge, Clerk, and Marshal of the Municipal Court of Columbus, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 747. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled an Act to establish the salary of the Clerk of the Superior Court 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 748. By Messrs. Hollis, Pickard, and Dicus of Muscogee: A bill to be entitled an Act to establish the salary of the Sheriff of

MONDAY, JANUARY 21, 1952

1133

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 121, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 749. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled an Act to amend an Act so as to change the compensation of the Tax Commissioner 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 750. By Mr. Hawkins of Screven:
A bill to be entitled an Act to amend an Act so as to change the terms of the City Court of Sylvania, and for other purposes.
The report 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.

liB 751. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled an Act to establish the salary of the Ordinary 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 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 752. By Mr. Hawkins of Screven: A bill to be entitled an Act to provide for the terms of the Superior Court of Screven County, and for other purposes.
The following amendment to HB 752 was read and adopted:
Mr. Hawkins of Screven moves to amend HB 752 by adding a new section to be known as Section 1a as follows:
"The effective date of this act shall be July 1, 1952." And by amending the caption as follows: in the 5th line, insert the following: "to fix the effective date."

1134

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

HB 754. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled an Act to supplement the salary of the Judge of the Superior Courts of the Chattahoochee 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 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 160-708d. By Mr. Murphy of Haralson:
A resolution requesting the State Librarian to furnish the Clerk of the Superior Court of Haralson County certain law books, 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 127, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 166-708j. By Mr. Boggus of Ben Hill:
A rEsolution requesting the State Librarian to furnish the Clerk of the Superior Court of Ben Hill County certain law books, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 128, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
SB 26'1. By Senator Hawes of the 30th: A bill to be entitled an Act to amend an Act which sets forth the manner of obtaining rights of way for persons or corporations engaged in the business of mining and quarrying, and for other purposes.
Referred to the Committee on General Judiciary #1.

MONDAY, jANUARY 21, 1952

1135

SB 225. By Senator Carlisle of the 7th:
A bill to be entitled an Act to amend an Act providing for the penalty for abandonment of child, and for other purposes.
Referred to the Committee on General Judiciary #2.

SB 224. By Senator Carlisle of the 7th:
A bill to be entitled an Act to amend an Act providing for driving and traffic regulations; so as to change the speed limit for certain motor vehicles, and for other purposes.
Referred to the Committee on Motor Vehicles.

The following resolution was read:

HR 218. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and H. Smith and M. Smith of Fulton:
A RESOLUTION
Memorializing Congress to call a convention for the purpose of considering an amendment to the Constitution of the United States relative to taxes on incomes, inheritance and gifts.
WHEREAS, the National Government, through the excessive use of the tax power, has greatly encroached upon the tax revenue sources of the several states; and,
WHEREAS, the very existence of our dual system of government is dependent upon strong and economically sound state government; and,
WHEREAS, the continued pre-emption of available tax sources by the Federal Government will seriously impair the tax structure of the several states thus tending to further centralize the government on a national basis;
THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY: OF GEORGIA that the Legislature of the State of Georgia respectfully petition the Congress of the United States to call a convention for the purpose of proposing the following article .as an amendment to the Constitution of the United States:
"ARTICLE--------------------------------
"Section 1. The sixteenth article of amendment to the Constitution of the United States is hereby. repealed.
"Secticn 2. The Congress shall have power to levy and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration; provided that in no case shall the maximum rate of tax exceed 25 per cent.
"Section 3. The maximum rate of any tax, duty or excise, which Congress may lay and collect with respect to the devolution or transfer of property, or any interest therein, upon or in contemplation of or intended to take effect in effect in possession or in enjoyment

1136

JOURNAL OF THE HOUSE,
at or after death, or by way of gift, shall in no case exceed 25 per cent.
"Section 4. The limitations upon the rates of said taxes contained in Sections 2 and 3 shall not apply during hostilities while the United States is in a state of war declared by Congress and shall be subject to the further qualification that in the event of a grave national emergency requiring such action to avoid national disaster, the Congress by a vote of three-fourths of each house may for a period not exceeding one year increase beyond the limits above prescribed the maximum rate of any such tax upon income subsequently accruing or received or with respect to subsequent devolutions or transfers of property, with like power to repeat such action as often as such emergency may require.
"Section 5. Sections 1 and 2 shall take effect at midnight on the 31st day of December following the ratification of this article. Nothing contained in th:s article shall affect the power of the United States after said date to collect any tax on incomes for any period ending on or prior to said 31st day of December laid in accordance with the terms of any law then in effect.
"Section 6. Section 3 shall take effect at midnight on the last day of the sixth month following the ratification of this article. Nothing contained in this article shall affect the power of the United States to collect any tax on any devolution or transfer occurring prior to the taking effect of Section 3, laid in accordance with the terms of any law then in effect."
BE IT FURTHER RESOLVED, That the Congress of the United States, be, and it hereby is, requested to provide as the mode or ratification that said amendment shall be valid to all intents and purposes, as part of the Constitution of the Uni\ed States, when ratified by the Legislatures of three-fourths of the several states.
BE IT FURTHER RESOLVED, That a duly attested copy of this resolution be immediately transmitted to the Secretary of the Senate of the United States, the Clerk of the House of Representatives of the United States and to each member of the Congress from the State of Georgia.

The following amendment to HR 218 was read and adopted:
Mr. Neville of Bulloch moves to amend HR 218 by adding a sentence as follows: "Provided, that such limitation shall be on incomes of $50,000.00 per year, or less."
On the adoption of the resolution, as amended, Mr. Greer of Lanier 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 Brantley Adams of Evans Aycock Ball Barber of Colquitt

Barber of Jackson Battles
Beasley Best Boggus

Boone Brantley
Brazeal Burkett Clary

MONDAY, JANUARY 21, 1952

1137

Clay Coffin Covington De en Denton Dews Dicus Duncan Durham Garrard Gary Gillis Gowen Graham Greene of Crisp Groover Hall of Toombs Harrel Hawkins Hilton Hollis Jackson Jones of Lumpkin Jordan

Kennedy Key Kidd King Kitchens Langdale Lavender McWhorter Matthews Mims Mishoe Nelson Neville Owens Parker Perkins Pickard Pittard Ramsey Ray Rowland Scott Scoggin Short

Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stevens of Marion Stewart Stocks Tamplin Tarbutton Tillman Trapnell Twitty Ursrey Vandiver Vickers Walker of Telfair Warren Wheeler White Williams of Cobb Williams of Houston Willingham Wood

Those voting in the negative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Upson Alverson Bargeron Baughman Bell of DeKalb Bell of Richmond Bentley Birdsong Black Bolton Britton Brooks Burgamy Campbell of Oconee Carr Cates Clark Claxton Cornelius Ct-anford Dally Dorsey Fears

Green of Irwin Green of Rabun Greer Griffith Guthrie Hale Hall of Floyd Henderson Holley Johnson of Hall Jolly Kelley Kemp Knight Lam Leach Lewis of Greene Little McKelvey Mackay Murphy
Murr Musgrove Newman Nightingale

Otwell Peacock Pickett Raulerson Register Robertson of Coweta Robertson of Dawson Russell Simmons Stephens of Towns Sumner Tarpley Tippens Todd Tumlin Turk Waldrop Walker of Crawford Weems Whitworth Wiggins Wilkes Wilkinson Wooten

Those not voting were Messrs.: Barrett, Biggers, Brannen, Byrd, Callier, Campbell of Walker, Coogle, Deason, Durden, Edenfield, Flynt, Freeman, Gardner, Green of Cherokee, Hadden, Harper, Harris, Herrin, Hood, Hopkins,

1138

JOURNAL OF TilE HOUSE,

Huddleston, Ivey, Jessup, Johnston, Jones of Bartow, Lanier, Lewis of Hancock, Lovett, McCracken, McGarity, McGee, Mangum, Mull, Overby, Page, Risner, Rogers, Rollins, Sheffield, Sivell, Terry, Willis, Wright, and Mr. Speaker.
The roll call was verified.
On the adoption of the resolution, as amended, the ayes were 87, nays 74.
The resolution was adopted, as amended.
Mr. McGee of Chatham requested that the Journal show that he voted against adoption of HR 218.

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

HB 659. By Messrs. Dicus of Muscogee, M. Smith, H. Smith, and Alverson of Fulton, and Gardner of Dougherty:

A bill to be entitled an Act to amend an Act so as to change the penalty provisions of the Uniform Narcotic Drug Act, and for other purposes.

The following amendments to HB 659 were read and adopted:
The Committee moves to amend HB 659 to add the word "unauthorized" between the words "any" and "persons" on the second and third lines of para. graph two of section one of said bill.

Mr. M. Smith of Fulton moves to amend Section 21 of HB 659 by adding the following paragraph: "Marijuana or "reefer" cigarettes shall come within the provisions of this act.
Mr. M. Smith of Fulton moves to amend HB 659 by changing the figure 4 in Section 21 to 10, so that when amended it sha] read as follows: "not less than 10 years nor more than 20 years."

An amendment offered by Mr. Hale of Dade was read and lost.

An amendment cffered by Mr. Adams of Upson was read and 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 123, nays 1.

The bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Greer of Lanier asked unanimous consent that the following resolutions of the House be withdrawn from the Committee on Amendments to Constitution No. 2 and recommitted to the Committee on Education No. 2:

HR 158-708b. By Mr. Adams of Upson:

A resolution proposing an amendment to the Constitution to provide

for the election by the people of the State School Superintendent and

his assistant, and for other purposes.



MONDAY, JANUARY 21, 1952

1139

HR 165-708i. By Mr. Greer of Lanier:
A resolution proposing to the qualified voters of Georgia an amendment providing for an exemption from all state, county and municipal ad valorem taxes for a period of time not exceeding five years for new manufacturing concerns migrating to this State, and for other purposes.
The unanimous consent request was granted and the resolutions were withdrawn from the Committee on Amendments to Constitution No. 2 and recommitted to the Committee on Educaion No. 2.

Mr. Freeman of Monroe asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Amendments to Constitution No. 1, read the second time and recommitted to the Committee on Amendments to Constitution No. 1.
HR 178-755e. By Messrs. Hand of Mitchell, Smith of Emanuel, and others: A resolution proposing an amendment to provide for the appropriation of funds for the capital outlay of expenditures in establishing and maintaining a system of common schools, and for other purposes.
The unanimous consent request was granted, the resolution was read the second time, and recommitted.

Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
HB 631. By Messrs. Coffin of Schley, Burgamy of Sumter, and others: A bill to be entitled an Act to amend Section 81-1402 of the Code of Georgia of 1933, and for other purposes.
The report 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 676. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Ray of Warren:
A bill to be entitled an act to amend an act so as to change the population figures in the definition of "rural area," and for other purposes. The report 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. Gowen of Glynn asked unanimous consent that the following bill of the House be withdrawn from the Committee on Mines and Mining and recommitted to the Committee on General Judiciary No. 1:

1140

JOURNAL OF THE HOUSE,

HB 621. By Messrs. Lewis of Hancock and Gowen of Glynn:
A bill to be entitled an Act to amend Section 83-201 of the Code of 1933, which sets forth the manner of obtaining rights of way for persons or corporations engaged in the business of mining and quarrying, and for other purposes.
The unanimous consent request was granted.

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 266. By Messrs. Johnston and Sumner of Worth, Green of Irwin, and others:
A bill to be entitled an Act to amend an Act relating to Superior Court Judges, Emeritus, and for other purposes.
The following committee substitute was read:
A BILL
To be entitled an Act to amend an Act approved March 9, 1945 (Georgia Laws 1945, pp. 362-366) and entitled "An Act to provide for the creation of the office of judge of the superior court, emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation of incumbents; to create the superior court judges retirement fund of Georgia; to provide for trustees thereof; to provide for the payments into and disbursements from; and for other purposes;" as amended by an Act approved February 1, 1946 (Georgia Laws 1946, pp. 228-230), an Act approved February 16, 1950 (Georgia Laws 1950, pp. 283-287), and an Act approved February 17, 1950 (Georgia Laws 1950, p. 341), by adding the tenure of solicitor general of this State and tenure of judge and solicitor of a city court from which appeals may be taken directly to Court of Appeals of Georgia, in certain instances, to tenure as judge of superior court.
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 an Act approved March 9, 1945 (Georgia Laws 1945, pp. 363-366) and entitled "An Act to provide for the creation of the office of judge of the superior court, emeritus; to prescribe eligibility for incumbents; to provide the terms, duties and compensation of incumbents; to creat the superior court judges retirement fund of Georgia; to provide for trustees thereof; to provide for the payments into and disbursements from; and for other purposes," as amended by an Act approved February 1, 1946 (Georgia Laws 1946, pp. 228-230), an Act approved February 16, 1950 (Georgia Laws 1950, pp. 283-287), and an Act approved February 17, 1950 (Georgia Laws 1950, p. 341), be and the same is hereby amended by adding to the fourteenth line of Section 2 of said Act as printed on page 284, Georgia Laws 1950, after the word emeritus," the following language: "and likewise, any judge of the superior court of the State of Georgia, who shall have attained the age of seventy (70) and who is still in service as such

MONDAY, JANUARY 21, 1952

1141

officer, and shall have been in service for thirty (30) years in the aggregate, as judge of the superior court of the State of Georgia, and in any one of, or combination of, the following capacities: as solicitor general of this State, as judge of, or solicitor of, a city court from which appeals can be taken directly to the Court of Appeals of Georgia, shall be eligible for appointment to the office of judge of the superior courts, emeritus," so that said section as amended shall read as follows:
"Section 2. Any judge of the superior court of the State of Georgia, who shall have attained the age of seventy (70) years and shall have been in service as a judge of the superior court of this State for twenty (20) years, or who shall have been in service for thirty (30) years as a judge of a city court from which appeals can be taken directly to the Court of Appeals of this State and as judge of the superior court; provided that at least twelve (12) years shall have been served as judge of the superior court, or who has already been in service for twenty (20) years as a judge of the superior court of this State at the date of the aproval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, shall be eligible to appointment to judge of the superior courts, emeritus; and likewise, any judge of the superior court of the State of Georgia, who shall have attained the age of seventy (70) years, and who is still in service as such officer, and shall have been in service for thirty (30) years in the aggregate, as judge of the superior court of the State of Georgia, and in any one of, or combination of, the following capacities: as solicitor general of this State, as judge of, or solicitor of, a city court from which appeals can be taken directly to the Court of Appeals of Georgia, shall be eligible for appointment to the office of judge of the superior courts, emeritus."
Section 2.
That said Act is further amended by adding to the twenty-fifth line of Section 10 of said Act as printed on page 285 (Georgia Laws, 1950) after the word "emeritus" the following language: "Except
that any judge who shall, by virtue of the amendment relating to t
judge who prior to his tenure as judge of superior court served as solicitor general of this State, as judge of or solicitor of a city court from which appeals can be taken directly to the Court of Appeals of Georgia, be made eligible for appointment as a judge of the superior courts, emeritus, and who shall not have made payments to the superior court judges retirement fund of Georgia at the time of the passage of said amendment, shall be required to pay into said fund the amount fixed by the Act for each of the years that said judge has served as a superior court judge and for each year thereafter up to and including the year that said judge may be appointed as judge of the superior courts, emeritus," so that said section, as amended, shall read as follows:
"Section 10. All judges of the superior court shall be permitted to pay into said fund the amount of five per cent of the salaries paid to said judge by the State of Georgia and any of said judges who makes payment to this fund shall be eligible to retire from office as judge emeritus at a salary of two-thirds of the salary paid to said judge by the State of Georgia provided he

1142

JOURNAL OF THE HOUSE,
meets the following two conditions: (a) He has reached the age of seventy years, and (b) he has for a period of twenty years, made payments to said fund at the rate herein specified. However, all judges who are over fifty years of age shall be eligible to retire when they have attained the age of seventy years at twothirds the salary paid by the State to said judges, provided said judges have served for twenty years and shall have made payments to said fund at the rate therein specified until they reach the age of seventy years, said payments to commence from the effective date of this act. Provided that any judge who shall, by virtue of this amendment of this Act, be made eligible for appointment as a judge of the superior courts, emeritus, and who shall not have made payments to the superior court judges retirement fund of Georgia at the time of the passage of said amendment shall be required to pay into said fund the amount fixed by the Act only for the year in which said amendment is passed and for each year thereafter up to and including the year that said judge may be appointed as judge of the superior courts,. emeritus. Except that any judge who shall, by virtue of the amendment relating to a judge who prior to his tenure as judge of superior court served as solicitor general of this State, as judge of or solicitor of a city court from which appeals can be taken directly to the Court of Appeals of Georgia, be made eligible for appointment as a judge of the superior courts, emeritus, and who shall not have made payments to the superior court judges retirement fund of Georgia at the time of the passage of said amendment, shall be required to pay into said fund the amount fixed by the Act for each of the years that said judge has served as a superior court judge and for each year thereafter up to and including the year that said judge may be appointed as judge of the superior courts, emeritus."
Section 3.
That said Act is further amended by adding to the sixteenth line of Section 11 of said Act, as printed on page 286, Georgia Laws 1950, after the word "retirement," the following language: "Any judge of the superior court of the State of Georgia, who shall have attained the age of seventy years, and who is still in service as such officer, and shall have been in service for thirty (30) years in the aggregate, as judge of the superior court of the State of Georgia, and in any one of, or combination of, the following capacities: as solicitor general of this State, as a judge of, or solicitor of, a city court from which appeals can be taken directly to the Court of Appeals of Georgia, shall be eligible to retire at his pleasure and shall be eligible to receive twothirds of the salary allowed to them by the State of Georgia and any county thereof under the provisions of the law prescribing salaries for superior court judges existing at the time of his retirement," so that said section as amended shall read as follows:
"Section 11. All judges of the superior courts who have attained the age of seventy years and have served twenty years as a judge of the superior courts, or who shall have been in service for thirty (30) years as a judge of the city court from which appeals can be taken direct to the Court of Appeals of this State and that as judge of the superior court, provided that at least twelve (12) years shall have been served as judge of the superior

MONDAY, JANUARY 21, 1952

1143

court, or who have already been in service for twenty (20) years as a judge of the superior courts of this State at the date of the approval of said Act, on March 9, 1945, and who is still in service as such officer, regardless of age, shall be eligible to retire at their pleasure and shall be eligible to receive two-thirds of the salary allowed to them by the State of Georgia and any county thereof under the provisions of the law prescribing salaries for superior court judges existing at the time of their retirement. Likewise any judge of the superior court of the State of Georgia, who shall have attained the age of seventy years, and who is still in service as such officer, and shall have been in service for thirty (30) years in the aggregate, as judge of the superior court of the
State of Georgia, and in any one of, or combination of, the following capacities: as solicitor general of this State, as judge of, or solicitor of, a city court from which appeals can be taken directly to the Court of Appeals of Georgia, and shall be eligible to retire at his pleasure and shall be eligible to receive two-thirds of the salary allowed to him by the State of Georgia and any county thereof under the provisions of the law prescribing salaries for superior court judges existing at the time of his retirement."

Section 4.
That said Act is further amended by inserting between the word "age" and the word "in" in the twelfth line of Section 12 of said Act as printed on pages 286 and 287, Georgia Laws 1950, the following language: "or who shall have attained the age of seventy years, and who is still in service as such officer, and shall have been in service for thirty (30) years in the aggregate, as judge of the superior court of the State of Georgia, and in any one of, or combination of, the following capacities: as solicitor general of this State, as judge of, or solicitor of, a city court from which appeals can be taken directly to the Court of Appeals of Georgia," so that said section, as amended, shall read as follows:
he "Section 12. No judge shall be eligible for benefits under
this Act unless shall have served twenty years as a superior court judge and shall have attained the age of seventy years, or who shall have been in service for thirty (30) years as a judge of the city court from which appeals can be taken direct to the Court of Appeals of this State and as judge of the superior court, provided that at least twelve (12) years shali have been served as judge of the superior court or unless he has already been in service for twenty (20) years as a judge of the superior courts of this State at the date of the approval of said Act, on March 9, 1945, and is still in service as such officer, regardless of age; or who shall have attained the age of seventy years, and who is still in service as such officer, and shall have been in service for thirty (30) years in the aggregate, as judge of the superior court of the State of Georgia and in any one of, or combination of, the following capacities; as solicitor general of this State, as judge of, or solicitor of, a city court from which appeals can be taken directly to the Court of Appeals of Georgia. In computing twenty_ years, the entire year in which a judge becomes seventy years of age shall be computed as part of said twenty years."

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JOURNAL OF THE HOUSE,

Section 5.
That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
The following amendments to the committee substitute to HB 26'6 were read and adopted:
Mr. Freeman of Monroe moves to amend HB 266 by adding at the end of Section 2 the following provision: Any superior court judge in order to qualify under the provisions of this bill who has previously served as a solicitor-general shall have contributed to the solicitor general retirement fund from the date of the enactment of the solicitor general retirement fund or from the time said judge became a solicitor-general, whichever is the later date.
Mr. Kemp of Clayton moves to amend Section 2 of HB 266 by adding the following language at the end of said section: Provided such judge has served at least 5 years as judge of the superior court.
The committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill by substitute, as amended, the ayes were 108, nays 8.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, the clerk was directed to correct certain typographical errors in the amendments to HB 659.

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 508. By Messrs. Dews of Calhoun and Pittard of Clarke:
A bill to be entitled an Act to amend Section 46-101 of the 1933 Code of Georgia so as to provide that share croppers' wages shall be exempt from garnishment until after judgment, and for other purposes.
The report 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.

Mr. Covington of Floyd asked unanimous consent that the following bill of the House be withdrawn from the Committee on General Judiciary No. 1 and recommitted to the Committee on Special Judiciary:
HB 816. By Messrs. Covington of Floyd, Dicus of Muscogee, and others:
A bill to be entitled an Act to amend an Act which provides an issuance period of five days for certain marriage licenses, and for other purposes.

MONDAY, JANUARY 21, 1952

1145

The unanimous consent request was granted. The following resolution was read and adopted:

BR 219. By Messrs. Smith of Emanuel, Hand and Twitty of Mitchell, and others:
A RESOLUTION
WHEREAS God in his infinite wisdom has called to his reword Hon. J. Randolph Coleman of Swainsboro, brother in law of our distinguished colleague, Honorable H. C. Edenfield,
NOW, THEREFORE, BE IT RESOLVED that the deepest sympathy of this House be expressed our colleague in his hour of bereavement, and
BE IT FURTHER RESOLVED that a copy of this resolution be sent to our colleague, Honorable H. C. Edenfield and his family.

A leave of absence for three days was granted Mr. Edenfield of Emanuel.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock tomorrow morning, and the motion prevailed.

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

1146

JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia, January 22, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

By unanimous consent, the call of the roll was dispensed with.
Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.

The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

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

HB 834. By Messrs. Rollins and Biggers of Meriwether and Kemp of Clayton: A Bill to be entitled an Act to amend an Act relating to apportionment of the House of Representatives, and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.
HB 835. By Messrs. Key of Jasper and Sumner of Worth: A Bill to be entitled an Act to amend an Act which provides penalties

TUESDAY, JANUARY 22, 1952

1147

for violation of the rules and regulations made by the State Board of Health, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 836. By Messrs. Adams and Brantley of Upson:
A Bill to be entitled an Act to amend an Act establishing the Minimum Foundation Program, and for other purposes.
Referred to the Committee on Education #2.

HB 837. By Mr. Adams of Upson:
A Bill to be entitled an .Act to amend an Act known as the Old Age Assistance Act, and for other purposes.
Referred to Committee on State of Republic.
HB 838. By Messrs. Burgamy and Murr of Sumter:
A Bill to be entitled an Act to declare that the execution within this State by any person, firm or corporation of a contract, which includes any clause which stipulates that the time for bringing suit on such a contract shall be less than that provided by law, shall be a misdemeanor, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 839. By Mr. Gowen of Glynn:
A Bill to be entitled an Act to amend an Act to create the Georgia Historical Commission, and for other purposes.
Referred to the Committee on Historical Research.

HB 840. By Mr. Gowen of Glynn:
A Bill to be entitled an Act to amend an Act known as the General Appropriations Act by appropriating to the Georgia Historical Commission the sum of $250,000.00, and for other purposes.
Referred to the Committee on Appropriations.

HB 841. By Messrs. Wooten of Randolph, Rogers of Heard, Freeman of Monroe, and others:
A Bill to be entitled an Act to amend an Act which limited the participation by the counties in the expense of administering public welfare laws of this State and payment of Benefits provided for thereby, and for other purposes.
Referred to the Committee on State of Republic.

HB 842. By Messrs. Vandiver of Bibb and McGee of Chatham:
A Bill to be entitled an Act forbidding employers to charge individuals a fee for a medical examination, as a condition of employment, subject to certain restrictions; and for other purposes.

1148

JOURNAL OF THE HOUSE,

Referred to the Committee on Industrial Relations.

HB 843. By Messrs. Wood and Clay of Bibb, Durham of Baker, Williams of Houston and others:
A Bill to be entitled an Act to provide that it shall be unlawful for vehicles loaded with poles, logs, or pulpwood, to operate on the public streets, rural roads, and highways of this State without a minimum of two iron logging chains, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 844. By Mr. Boggus 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 the Committee on Municipal Government.

HB 845. By Mr. Terry of Murray:
A Bill to be entitled an Act to amend an Act creating the Commissioner of Roads and Revenue of Murray County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 846. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act to incorporate the City of Jonesboro, and for other purposes.
Referred to the Committee on Municipal Government.

HB 847. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act to incorporate the Town of Forest Park, and for other purposes.
Referred to the Committee on Municipal Government.
HB 848. By Messrs. Abney and Campbell of Walker, Langdale of Lowndes, Matthews of Clarke and Britton of Whitfield:
A Bill to be entitled an Act to amend an Act relating to the fees paid to coroners by providing that in certain counties the coroner shall be paid a salary cf $600.00 per year, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 849. By Mr. Whitworth of Madison:
A Bill to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Madison, and for other purposes. Referred to the Committee on Counties and County Matters.
HB 850. By Messrs. Sumner and Johnston of Worth:

TUESDAY, JANUARY 22, 1952

1149

A Bill to be entitled an Act to amend an Act to create a new charter for the City of Sylvester, and for other purposes.
Referred to the Committee on Municipal Government.

HB 851. By Mr. McGarity of Henry:
A Bill to be entitled an Act to amend an Act which authorized the appointment of an assistant Clerk of the Board of Commissioners of Roads and Revenues in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 852. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to provide for the protection of health and safety of the several counties of this State, to authorize the Commissioners of Roads and Revenues of counties of a certain population to prescribe building codes, and for other purposes.
Referred to the Committee on State of Republic.
HB 853. By Mr. Green of Irwin:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 854. By Mr. Greer of Lanier:
A Bill to be entitled an Act to provide for the Ordinary of the County of Lanier, under certain conditions, a supplemental monthly income of not more than $50.00 per month in addition to fees and other compensations; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 855. By Mr. Smiley of Liberty:
A Bill to be entitled an Act to creat a new charter for the City of Hinesville, and for other purposes. Referred to the Committee on Municipal Government.
HB 856. By Messrs. Bell and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act so as to provide that in certain counties, the Commissioner of Roads and Revenues or other governing authority shall pay the actual cost of feeding prisoners in lieu of paying fees to the Sheriff or his appointed Jailor for dieting such prisoners; and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 857. By Messrs. Bell and Mackay of DeKalb: A Bill to be entitled an Act to amend an Act creating and establishing

1150

JOURNAL OF THE HOUSE,

the Civil Court of DeKalb County, to provide for the compensation of the Judge and other officers, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 858. By Mr. Wiggins of Stephens:
A Bill to be entitled an Act to amend an Act incorporating the Town of Martin in Stephens County, and for other purposes.
Referred to the Committee on Municipal Government.

HB 859. By Messrs. Bell and Mackay of DeKalb:
A Bill to be entitled an Act to require jury commissioners in counties having a population of not less than 120,000 and not more than 145,000, in all future registers of the traverse jury list to place all tickets containing the names of traverse jurors in one box for the use of Superior Courts in said counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 860. By Mr. Wiggins cf Stephens:
A Bill to be entit:ed an Act to amend an Act incorporating the City of Toccoa, and for other purposes.
Referred to the Committee on Municipal Government.

HB 861. By Messrs. Bell and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act to create and to establish the City Court of Decatur, and for other purposes.
RefeiTed to the Committee on Counties and County Matters.
HR 220-861a. By Mr. Ramsey of Effingham:
A Resolution proposing an amendment to the Constitution of the State of Georgia so as to provide that the County Board of Education of Effingham County shall divide said county into political subdivisions for the purpose of issuing bonds to punhase school sites, and for other purposes.
Referred to Committee on Amendments to Constitution # 2.
HR 221-86'1b. By Mr. Tippins of Wilcox:
A Resolution proposing that the Georgia Forestry Department be authorized to pay T. A. Holliday compensation for his loss through the negligence of said Department, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 222-861c. By Mr. Adams of Upson:
A Resolution proposing an amendment to the Constitution of Georgia so as to provide for a State Board of Education composed of one member from each Congressional District, and for other purposes.

TUESDAY, JANUARY 22, 1952

1151

Referred to the Committee on Education # 2.

HR 223-861d. By Messrs. Bell, Graham and Holley of Richmond:
A Resolution authorizing and directing the State Librarian to furnish to the Superior Court of Richmond County, certain volumes of Georgia Reports and Georgia Appeal Reports, and for other purposes.
Referred to the Committee on State of Republic.

HR 224-86le. By Messrs. Bell, Graham and Holley of Richmond:
A Resolution to provide for the reimbursement to Wellington C. Cain for damages sustained when struck by a State-owned vehicle, and for other purposes.
Referred to the Committee on State of Republic.

HR 225-861f. By Messrs. Bell, Holley and Graham of Richmond:
A Resolution to provide for compensation to Henry Mack as a result of damages to his automobile by shots fired by the Georgia State Highway Patrol when trying to stop a fleeing felon; and for other purposes.
Referred to the Committee on State of Republic.

HR 226-861g. By Messrs. Bolton and Harper of Spalding:
A Resolution to provide compensation for damages to automobile of Mrs. J. W. Low, by reason of dangerous and defective condition of a county line bridge on State Highway No. 92, and for other purposes.
Referred to the Committee on Special Appropriations.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SR 82. By Senator Willingham of the 39th:
A Resolution proposing an amendment to Article II, Section I of the Constitution so as to provide for a levy of five mills tax for fire prevention districts in Cobb County, and to provide no homestead exemption shall apply for such levy.
SB 78. By Senator Williams of the 19th:
A bill to provide that all corporations or other entities. engaged in operating cemeteries shall be under the supervision of the State Cemetery Board; to establish a Cemetery. Board, to regulate the business of operation of cemeteries; and for other purposes.
SB 145. By Senator Edenfield of the 2nd:

1152

JOURNAL OF THE HOUSE,

A bill to amend Code Section 45-301 of the Code of Georgia enumerating game birds and animals, by adding certain other birds and animals as game birds and animals; and for other purposes.

SB 146. By Senator Edenfield of the 2nd:
A bill to areend Code Section 45-249 of the Georgia Code supplement relating to the manner of filing application to obtain hunting and fishing license, by providing that no license shall be issued except on the oral or written application of the person seeking to obtain the license; and for other purposes.

SB 198. By Senators Coleman of the 18th and Harden of the 45th:
A bill to provide for the development and administration of vocational educational programs for this State; and for other purposes.

SB 232. By Senators Rawls of the lOth and Connell of the 6th:
A bill to amend the Act known as "Aid of the Blind Act" (Georgia Laws 1937) page 568, by amending Section 1 to provide a definition of optometrist; to amend Section 5 to provide for designating of optometrist to examine applicants and recipients of aid to blind; to provide income not to exceed $50.00 per month shall be disregarded in determining need of an applicant; and for other purposes.

SB 233. By Senators Rawls of the lOth and Connell of the 6th:
A bill to repeal an Act approved March 18, 1943, (Ga. Laws 1943, pp. 535-536) which provides for a state wide general election in addition to those elections now provided under existing laws; and for other purposes.

SB 234. By Senators Rawls of the lOth and Connell of the 6th:
A bill to amend an Act placing employees of the Department of Entomology under the Merit System approved February 15, 1950 so as to include the Director of said Department under the Merit System; and for other purposes.

f:B 235. By Senators Rawls of the lOth and Conne:l of the 6th:
A bill to amend an Act including employees of the State Department of Mines and Mining and Geology approved February 17, 1950 under the Merit System so as to include the Director of said Department; and for other purposes.

SB 247. By Senator Millican of the 52nd:
A bill to amend the Act known as the "Uniform Narcotics Act" (Georgia Laws 1935, pp. 418) so as to make it a felony when the drugs are furnished to a minor; and for other purposes.

SB 248. By Senator Williams of the 49th:
A bill to amend the Teachers' Retirement System of Georgia; to provide that music teachers in certain classifications shall be entitled

TUESDAY, JANUARY 22, 1952

1153

to the benefits of said law; and for other purposes.

SB 254. By Senator Coleman of the 18th:
A bill to propose an amendment to Article XI, Section I, Paragraph VI of the Constitution to authorize Richmond County and the City of Augusta to regulate the public health through the Richmond County Department cf Health; and for other purposes.

SB 258. By Senator Farrar of the 42nd:
A bill to repeal an Act approved March 9, 1945 (Georgia Laws 1945, p. 1087), providing for a second primary where no candidate receives a majority of votes cast in the primary, in counties with a population of not less than 18,525 and not more than 18,540 by the 1940 Census; and for other purposes.

SB 268. By Senator Millican of the 52nd:
A brl to establish for Fulton County a County Planning Commission and Board of Zoning Appeals; and for other purposes.

SB 270. By Senator Millican of the 52nd:
A bill to authorize the Tax Commissioner of Fulton County to appoint a chief deputy; to provide for the term of appointment; to provide in event of vacancy in the office of tax commissioner the chief deputy shall fill out the unexpired term.

HR 57. By Mr. Greene of Crisp:
A Resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide for the division of Crisp County into School Districts; to provide for the election of members of the County Board of Education from such school districts; to provide the terms of office of such members; and for other purposes.
HR 101. By Messrs. Bell, Graham and Holley of Richmond:
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 body of Richmond County the right to construct or repair streets and sidewalks and to lay curbing, water and sewer mains; and for other purposes.

The Senate has read and adopted the following resolutions of the House:
HR 187. By Messrs. Bentley and Williams of Cobb: A Resolution inviting the a capella Choir of Georgia State College for Women to give a performance before the General Assembly; and for other purposes.
HR 209. By Messrs. Hand and Twitty of Mitchell, and others:

1154

JOURNAL OF THE HOUSE,

A Resolution that the Congress of the United States be requested to call a convention for the purpose of proposing an amendment to Article 6, Clause 2, of the Constitution of the United States relating to Treaty Making powers.

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 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 623. Do Pass. HB 515. Do Pass. HB 514. Do Pass. HB 653. Do Pass. HB 654. Do Pass. HB 462. Do Not Pass. SR 26. Do Not Pass.
Respectfully submitted, Bargeron of Burke, Chairman.

Mr. Ray of Warren 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 675. Do Pass, by Substitute. HB 52. Do Not Pass. HB 709. Do Pass, as Amended. HB 573. Do Pass.
Respectfully submitted, Ray of Warren, Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General

TUESDAY, JANUARY 22, 1952

1155

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 621. Do Pa~s.
Respectfully submitted,
Gowen of Glynn,
Chairman.

Mr. Sheffield of Brooks County, Chairman of the Committee on Public Highways No. 2, submitted the following report:
Mr. Speaker: Your Committee on Public Highways No. 2 has had under consideration
the following bill and resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 207-810t. Do Pass. HR 204-810q. Do Pass. HR 208-810w. Do Pass. HB 596. Do Pass.
Respectfully submitted, Sheffield of Brooks, Chairman.

Mr. Gillis of Treutlen County, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker: Your Committee on Motor Vehicles 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 254. Do Pass. HB 606. Do Pass. HB 757. Do Pass, as Amended. HB 815. Do Pass.
Respectfully submitted, Gillis of Treutlen, Chairman.

1156

JOURNAL OF THE HOUSE,

Mr. Tarbutton of Washington 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 House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HE 630. Do Pass, by Substitute.

HE 673. Do Pass.

HE 717. Do Pass.

HE 67 4. Do Pass.

Respectfully submitted, Tarbutton of Washington, Chairman.

Mr. Adams of Evans 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 bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HE 723. Do Pass. Respectfully submitted, Adams of Evans, Chairman.

Mr. Nightingale of Glynn County, Chairman of the Committee on Amendments to the Constitution No. 2, submitted the following report:

Mr. Speaker:

Your Committee on Amendments to the Constitution No. 2 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 180-755g. Do Pass.

HR 217-830h. Do Pass.

HR 201-810n. Do Pass.

HR 171-708o. Do Not Pass.

Respectfully submitted, Nightingale of Glynn, Chairman.

TUESDAY, JANUARY 22, 1952

1157

Mr. Alverson of Fulton 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 considera-
tion 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 822. Do Pass. HB 824. Do Pass. HB 826. Do Pass. HB 827. Do Pass. HR 210-830a. Do Pass HB 831. Do Pass. HB 832. Do Pass. HB 833. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Henderson of Atkinson County, Chairman of the Committee on Public Property, submitted the following report:
Mr. Speaker: Your Committee on Public Property has had under consideration the fol-
lowing resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 161-708e. Do Pass. Respectfully submitted, Henderson of Atkinson, Chairman.
Mr. Barber of Colquitt 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 699. Do Pass. HB 683. Do Pass.

1158

JOURNAL OF THE HOUSE,

HB 753. HB 828. HB 829.

Do Pass. Do Pass. Do Pass.

Respectfully submitted, Barber of Colquitt, Chairman.

Mr. Greer of Lanier County, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker: Your Committee on Public Welfare 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 650. Do Pass. HB 611. Do Pass. HB 315. Do Not Pass.
Respectfully submitted, Greer of Lanier, Chairman.

Mr. Campbell of Oconee 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 the same back to the House with the following recommendations:
HB 764. Do Pass, as Amended. Respectfully submitted, Campbell of Oconee, Chairman.

By unanimous consent, the following bills and resolutions of the House, favorably reported, were read the second time:
HB 254. By Messrs. Abney of Walker, Hall of Floyd, and others:
A bill to be entitled an Act to provide for the registration of motor vehicles with the county tax collector or tax commissioner, and for other purposes.

TUESDAY, JANUARY 22, 1952

1159

HB 514. By Messrs. Cranford and Robertson of Coweta:
A bill to be entitled an Act to amend Section 49-605 of the 1933 Code of Georgia so as to provide for the transfer of incompetent or insane veterans who are inmates of the Milledgeville State Hospital to any institution operated by the United States Government, and for other purposes.

HB 515. By Messrs. Cranford and Robertson of Coweta:
A bill to be entitled an Act to amend Section 49-813 of the 1933 Code of Georgia relating to the commitment of incompetent or insane veterans to a United States Veterans Bureau Hospital, and for other purposes.

HB 573. By Messrs. Langdale of Lowndes, Overby of Hall, and Twitty of Mitchell:
A bill to be entitled an Act to provide certain deductions for income tax purposes for men and women serving in the Armed Forces of the United States, and for other purposes.

HB 596. By Messrs. Covington of Floyd and Cranford of Coweta:
A bill to be entitled an Act to repeal Section 95-2001 of the Code of Georgia relating to the erection of signs and advertisements within the right of way limits of public roads, and for other purposes.

HB 606. By Mr. Burgamy of Sumter:
A bill to be entitled an Act to amend an Act so as to change the speed limit on the highways of this State, and for other purposes.
HB 611. By Mr. Walker of Crawford:
A bill to be entitled an Act to place a tax upon bachelors and old maids, and for other purposes.
HB 621. By Messrs. Lewis of Hancock and Gowen of Glynn:
A bill to be entitled an Act to amend Section 83-201 of the Code of 1933 of Georgia relating to the manner of obtaining rights of way for persons or corporations engaged in the business of mining, and for other purposes.
HB 623. By Messrs. Johnson of Hall, Pittard of Clarke, and others:
A bill to be entitled an act to provide for two weeks annual leave for persons attached to the reserve components of the Armed Forces of the United States or the State of Georgia, and for other purposes.
HB 630. By Messrs. Gowen of Glynn and Tarbutton of Washington:
A bill to be entitled an act to amend an act creating the Jekyll Island State Park Authority, and for other purposes.
HB 650. By Mr. Greer of Lanier:

1160

JOURNAL OF THE HOUSE,

A bill to be entitled an act to amend an act so as to empower the Georgia State Patrol to enforce the law prohibiting the wearing of masks, and for other purposes.

HB 653. By Mr. Perkins of Carroll:
A bill to be entitled an act to amend Section 92-233 of the Annotated Supplement of 1933 Code of Georgia relating to the definition of the word "homestead" as used in figuring ad valorem taxes, and for other purposes.

HB 654. By Messrs. Duncan and Perkins of Carroll:
A bill to be entitled an act to amend Section 92-233 of the Annotated
Supplement of the 1933 Code of Georgia relating to the definition of
the word "homestead" as used in figuring ad valorem taxes, and for other purposes.

HB 673. By Mr. Adams of Evans:
A bill to be entitled an act to provide that the incorporation of trust companies shall be subject to the approval of the Superintendent of Banks, and for other purposes.

HB 674. By Mr. Adams of Evans:
A bill to be entitled an act to establish the policy of the State of Georgia in regard to the taxation of banks and banking institutions, and for other purposes.

HB 675. By Mr. Adams of Evans:
A bill to be entitled an act to amend Section 92-3301 of the Code of Georgia relating to the time and place of payment of income taxes, and for other purposes.

HB 683. By Mr. Rogers of Heard:
A bill to be entitled an act to amend the charter of the City of Franklin so as to extend the corporate limits, and for other purposes.

HB 6'99. By Mr. Callier of Talbot:
A bill to be entitled an act to amend an act so as to change the corporate name of the Town of Talbotton, and for other purposes.

HB 709. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:
A bill to be entitled an act to amend an act so as to provide for the filing of Sales and Use Tax returns by the fifteenth of the month following the month in which collected, and for other purposes.

HB 717. By Mr. Wheeler of Seminole: A bill to be entitled an act to amend Title 25, Chapter 25-1, Civil Code

TUESDAY, JANUARY 22, 1952 of 1933 relating to credit unions, and for other purposes.

1161

HB 723. By Messrs. Smith of Emanuel, Aycock of Jenkins, and others:
A bill to be entitled an act to amend an act relating to the establishment of Minimum Foundation Program of Education, and for other purposes.

HB 753. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled an act to amend the charter of the City of Columbus so as to provide for a method of appeal from the mayor's court to the city court, and for other purposes.

HB 757. By Messrs. Campbell of Oconee, McCracken of Jefferson, and others:
A bill to be entitled an act to provide for the specifications to which trucks, tractors, and trailers operating on public roads and highways in this state must conform, and for other purposes.

HB 764. By Messrs. Campbell of Oconee, Tamplin of Morgan, and others: A bill to be entitled an act to amend an act regulating the sale and distribution of milk and milk products, and for other purposes.
HB 815. By Mr. Overby of Hall: A bill to be entitled an act to amend an act so as to provide specifications for school buses purchased in the State, and for other purposes.
HB 822. By Mr. Tarpley of Union: A bill to be entitled an act to provide for holding two additional terms of the superior court of Union County for the purpose of trying nonjury matters, and for other purposes.
HB 824. By Messrs. Covington, Hall, and Scoggin of Floyd: A bill to be entitled an act to amend an act so as to provide for increasing the amount supplementing the annual salary of the judge of the superior court of the Rome Judicial Circuit, and for other purposes.
HB 826. By Messrs. Covington, Hall, and Scoggin of Floyd: A bill to be entitled an act to amend Section 21-105 of the Code of Georgia, so as to increase coroner's fees in counties in certain classifications, and for other purposes.
HB 827. By Mr. Robertson of Dawson: A bill to be entitled an Act to repeal an Act creating a Board of Commi~sioners of Roads and Revenues for Dawson County, and for other purposes.
HB 828. By Mr. Sheffield of Brooks:

1162

JOURNAL OF THE HOUSE,
A bill to be entitled an Act to amend an Act so as to provide that the Board of Commissioners of the City of Quitman shall have power to establish a natural gas system, and for other purposes.

HB 829. By Mr. Sheffield of Brooks:
A bill to be entitled an Act to amend an Act so as to provide power to the Board of Commissioners of the City of Quitman to close streets and sidewalks, and for other purposes.

HB 831. By Mr. Peacock of Dodge:
A bill to be entitled an Act to amend an Act so as to change the salaries of the Commissioner of Roads and Revenues of Dodge County and his clerk, and for other purposes.

HB 832. By Mr. Peacock of Dodge:
A bill to be entitled an Act to amend an Act so as to change the compensation of deputy sheriffs in Dodge County, and for other purposes.

HB 833. By Mr. Peacock of Dodge:
A bill to be entitled an Act to supplement the compensation now received by the Ordinary of Dodge County, and for other purposes.

HR 161-708e. By Mr Clary of McDuffie:
A resolution conveying 2.3 acres of State lands to the City of Thomson, and for other purposes.
HR 180-755g. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia so as to authorize the designatiQn of judges pro hac vice in the superior court of Muscogee County, and for other purposes.
HR 201-810n. By Mr. Leach of Rockdale:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of Georgia so as to provide for the appointment of the county school superintendent of Rockdale County by the County Board of Education, and for other purposes.
HR 204-810q. By Mr. Boone of Wilkinson:
A resolution proposing that the new bridge at Mcintyre be named and designated as the "Walden Bridge", and for other purposes.
HR 207-810t. By Mr. Boone of Wilkinson:
A resolution proposing that the new bridge over Commissioner Creek on the Pennington Highway be named and designated as the "McCook Bridge", and for other purposes.

TUESDAY, JANUARY 22, 1952

1163

HR 208-810u. By Mr. Boone of Wilkinson:
A resolution proposing that a portion of the highway running from Mcintyre to its intersection with the U. S. Highway No. 29 be named and designated as "Todd Road", and for other purposes.

HR 210-830a. By Mr. Boone of Wilkinson:
A resolution proposing that the projected bridge across Sandy Creek on the highway from Allentown to Toomsboro be named and designated "Hall Bridge", and for other purposes.

HR 217-830h. By Messrs. Vandiver, Clay, and Wood of Bibb:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution of G.eorgia so as to authorize the City of Macon to issue revenue anticipation certificates to produce funds for making improvemennts to its existing hospital facilities, and for other purposes.

By unanimous consent, the following bills of the House and Senate were taken up for consideration and read the third time:
HB 620. By Mr. Mims of Miller:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the Chairman of the Board of Commissioners of Roads and Revenues of Miller 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 732. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to consolidate the offices of Tax Collector and Tax Receiver of Laurens County into 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 796. By Mr. Clary of McDuffie:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the Commissioner of Roads and Revenues of McDuffie County, and of his clerk, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 105, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 799. By Mr. Risner of Hart:
A bill to be entitled an Act to amend an Act so as to increase the term of office of the Commissioner of Roads and Bridges of 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 805. By Mr. Campbell of Oconee:
A bill to be entitled an Act to supplement the compensation of the Clerk of the Superior Court of Oconee County in the amount of fifty dollars per month, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 806. By Mr. Campbell of Oconee:
A bill to be entitled an act to amend an act so as to increase the compensation of the Treasurer of Oconee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 807. By Mr. Campbell of Oconee:
A bill to be entitled an act to supplement the compensation of the sheriff of Oconee County in the amount of one hundred dollars 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 808. By Mr. Campbell of Oconee: A bill to be entitled an Act to amend an Act so as to increase compensation of the chairman and the members of the Board of Commissioners of roads and revenues of Oconee County, and for other purposes.

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1165

The report 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 809. By Mr. Campbell of Oconee:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the Tax Commissioner of Oconee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 801. By Messrs. Bentley and Williams of Cobb:
A bill to be entitled an Act to amend an Act so as to provide that deputy sheriffs of Cobb County shall have a salary of $4,200.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 791. By Messrs. Vandiver, Clay, and Wood of Bibb:
A bill to be entitled an Act to amend an Act so as to change the population classification therein, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 792. By Messrs. Vandiver, Clay, and Wood of Bibb:
A bill to be entitled an Act to amend an act relating to the fixing of salaries on a calendar or fiscal year basis, so as to change the population classification therein, and for other purposes.
The report of the committee, which was favorable to the passage of the bU, 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 803. By Messrs. Alverson, M. Smith, and H. Smith of Fulton: A bill to be entitled an Act to provide additional procedure for con-

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demnation of property applicable to municipalities or counties having a population of more than 250,000, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 237. By Senator Edenfield of the 2nd:
A bill to be entitled an Act to provide that the Ordinary of Mcintosh County shall receive $75.00 per month in addition to fees, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 241. By Senator Farrar of the 42nd:
A bill to be entitled an Act to amend an Act so as to provide that members of the Board of Commissioners of Roads and Revenues of Chattooga County shall receive $50.00 per month subsistence in lieu of per diem, and for other purposes.
The report of the committee, which was favorable to the passage of the bm, 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 following bills and resolutions of the Senate were read the first time and referred to the committees:
SB 270. By Senator Millican of the 52nd: A Bill to be entitled an Act applicable to counties having a population of more than 300,000 relating to a Chief Deputy Tax Commissioner, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 268. By Senator Millican of the 52nd: A Bill to be entitled an Act to create and establish a County Planning Commission and Board of Zoning Appeals in counties of 300,000, or more and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 258. By Senator Farrar of the 42nd:
A Bill to be entitled an Act to repeal an Act providing for a second pri-

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1167

mary in certain Counties, and requiring that the nominee of any political party must receive a majority of the votes cast in the primary, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 254. By Senator Coleman of the 18th:
A Bill to be entitled an Act to authorize Richmond County and the City Council of Augusta to regulate the public health of said city and county through "The Richmond County Department of Health", and for other purposes.
Referred to the Committee on State of Republic.

SB 248. By Senator Williams of the 49th:
A Bill to be entitled an Act to amend an Act creating a Teachers Retirement System for the State of Georgia, and for other purposes.
Referred to the Committee on Education # 1.

SB 247. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act known as the "Uniform Narcotic Act", and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 235. By Senator Rawls of the lOth and Connell of the 6th:
A Bill to be entitled an Act to amend an Act which extended the provisions of the Merit System Act to include the employees of the State Department of Mines, Mining and Geology, and for other purposes.
Referred to the Committee on State of Republic.

SB 234. By Senator Rawls of the lOth, and Connell of the 6th:
A Bill to be entitled an Act to amend an Act which extended the provisions of the Merit System Act to include the employees of the State Department of Entomology, and for other purposes.
Referred to the Committee on State of Republic.

SB 233. By Senator Rawls of the lOth, and Connell of the 6th:
A Bill to be entitled an Act to repeal an Act to create and establish a State-wide general election in addition to those elections now provided for under existing laws, and for other purposes.
Referred to the Committee on State of Republic.
SB 232. By Senators Rawls of the lOth, and Connell of the 6th:
A Bill to be entitled an Act to amend an Act known as "Aid to the Blind Act", and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

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SB 198. By Senators Coleman of the 18th, and Harden of the 45th:
A Bill to be entitled an Act to provide for the development and administration of vocational educational programs for this State, and for other purposes.
Referred to the Committee on Education # 1.

SB 146. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to amend an Act relating to the manner of filing application to obtain hunting and fishing licenses, and for other purposes.
Referred to the Committee on Game and Fish.

SB 145. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to amend an Act enumerating game birds and animals, and for other purposes.
Referred to the Committee on Game and Fish.

SB 78. By Senator Williams of the 19th:
A Bill to be entitled an Act to create a Cemetery Board to be known as the Georgia Cemetery Board, and for other purposes.
Referred to the Committee on State of Republic.

SR 82. By Senator Willingham of the 39th:
A Resolution proposing an amendment so as to provide for a tax or assessment levy of up to five mills for fire prevention districts in Cobb County and to provide that no homestead exemption shall apply for such levy, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

Mr. Bell of Richmond asked unanimous consent that the following bill of the House be recommitted to the Committee on General Judiciary #2.
HB 11. By Mr. Bell of Richmond:
A bill to be entitled an Act to amend an Act so as to require that marriage be performed as required by statutory law so that no person can enter into a marriage under the common law, and for other purposes.
The unanimous consent request was granted, and the bill was recommitted to the Committee on General Judiciary # 2.

Under the regular order of business, the following bill of the House was taken up for consideration:
HB 29. By Messrs. Hand and Twitty of Mitchell, Gowen of Glynn, and others:

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A bill to be entitled an Act to facilitate vehicular traffic in the State of Georgia by providing for the construction, maintenance, repair and operation of turnpike projects, and for other purposes.

The following substitute to HB 29 was read:

By Mr. Twitty of Mitche'l:
A bill to be entitled an Act to facilitate vehicular traffic in the State of Georgia by providing for the construction, maintenance, repair and operation of turnpike projects; creating the Georgia Turnpike Authority and defining its powers and duties; providing for financing such projects by the issuance of turnpike revenue bonds of the Authority, payable solely from the tolls, other revenues and proceeds of such bonds; providing for the acquisition of property or rights therein by purchase or condemnation; providing for the collection of tolls and other revenues to pay the cost of construction, maintenance, repair and operation of such projects and to pay such bonds and the interest thereon; providing for payment by the State Highway Department for preliminary engineering and traffic studies and reports out of available funds to be reimbursed out of proceeds from the sale of revenue bor.ds; providing for the construction, repair and maintenance of feeder roads; providing for the severability of the provisions of this Act; providing for the repeal of all laws and parts of laws in conflict with this Act, and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is herby enacted by authority of the same:
Section 1.
(Turnpike Projects). In order to facilitate vehicular traffic and remove the present handicaps and hazards on the congested highways in the State, and to provide for the construction of modern express highways embodying every known safety device including center divisions, ample shoulder widths, longsight distance, multiple lanes in each direction and grade separations at all intersections with other highways and railroads, the Georgia Turnpike Authority (Hereinafter created) is hereby authorized and empowered to construct, maintain, repair and operate turnpike projects (as hereinafter defined) at such locations as may be established under the provisions of this Act, and to issue turnpike revenue bonds of the Authority, payable solely from tolls and revenues, to finance such projects.
Section 2.
(Credit of State not pledged). Turnpike revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt or liability of the State or of any political subdivision thereof or a pledge of the faith and credit of the State or of any such political subdivisions, but such bonds shall be payable solely from the funds pledged for their payment as authorized herein, unless such bonds are refunded by refunding bonds issued under the provisions of this Act which refunding bonds shall be payable solely from funds pledged or available for their payment as authorized herein. All such turnpike revenue bonds shall contain on the face thereof a statement to the effect that the Authority is obligated to pay the principal of such bonds and the interest

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thereon only from the tolls, other revenues and proceeds of such bonds, and that neither the State nor any political subdivision thereof is obligated to pay the same or the interest thereon and that neither the faith and credit nor the taxing power of the State or any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds.
All expenses incurred in carrying out the provisiOns of this Act shall be payable solely from funds provided under the provisions of this Act and nothing in this Act contained shall be construed to authorize the Authority to incur indebtedness or liability on behalf of or payable by the State or any political subdivision thereof.
Section 3.
(Georgia Turnpike Authority). There is hereby established a body corporate and politic, with corporate succession, to be known as the "Georgia Turnpike Authority". The Authority is hereby constituted an instrumentality exercising public and essential governmental functions, and the exercise by the Authority of the powers conferred by this Act in the construction, operation and maintenance of turnpike projects shall be deemed and held to be an essential governmental function of the State.
The Georgia Turnpike Authority shall consist of three members, each of whom shall be a resident of the State, who shall have been a qualified elector herein for a period of at least one year next preceding his appointment. Each member of the Authority shall be appointed by the Governor, with the advice and consent of the Senate, for a term of five years and shall serve until his successor is appointed and has qualified, except that of the first appointments hereunder, one shall be for a term of two years and one for a term of three years, and one for a term of five years, and they shall serve until their respective successors are appointed and have qualified. The term of each of the first appointees hereunder shall be designated by the Governor. Such original appointments, if made while the legislature is not in session, shall be considered as interim appointments with full power in the appointees to act, and interim appointments may be made from time to time during recess of the legislature. Each member of the Authority may be removed from office by the Governor, for cause, after a public hearing. Each member of the Authority before entering upon his duties shall take and subscribe an oath to perform the duties of his office faithfully, impartially and justly to the best of his ability. A record of such oaths shall be filed in the office of the Secretary of State.
Any vacancies in the membership of the Authority occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.
The Governor shall designate one of the members of the Authority as chairman thereof and another member as vice-chairman thereof. The chairman and vice-chairman of the Authority so designated shall serve as such at the pleasure of the Governor and until their respective successors have been designated. The Authority shall elect a secretary and treasurer who need not be a member. Two members of the Authority shall constitute a quorum and the vote of two members shall

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be necessary for any action taken by the Authority. No vacancy in the membership of the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority.
Before the issuance of any turnpike revenue bonds under the provisions of this act, each member of the Authority shall execute a surety bond in the penal sum of twenty-five thousand dollars ( $25,000.00), and the secretary and treasurer shall execute a surety bond in the penal sum of fifty thousand dollars ($50,000.00), each such surety bond to be conditioned upon the faithful performance of the duties of the office of such member or secretary and treasurer, as the case may be, to be executed by a surety company authorized to transact business in the State of Georgia as surety and to be approved by the Attorney-General and filed in the office of the Governor. The cost of procuring such bonds shall be a proper expense of the Authority. Each appoint member of the Authority shall be reimbursed by the Authority for his actual expenses necessarily in the performance of his duties; and the cost of procuring the fidelity bonds, and the reimbursement of actual expenses of the members shall be paid solely from funds provided under the authority of this Act.
Section 4.
(Definitions). As used in this act, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
(a) The word "Authority" shall mean the Georgia Turnpike Authority, created by section three of this act, or, if said Authority shall be abolished, the board, body or commission succeeding to the principal functions thereof or to whom the powers given by this act to the Authority shall be given by law.
((b) The word "project" or the words "turnpike project" shall mean any express highway, superhighway or motorway at such locations and between such termini as may be established under the provisions of this act, and constructed or to be constructed under the provisions of this act by the Authority, and shall include, but not be limited to all bridges, tunnels, overpasses, underpasses, interchanges, entrances places, approaches, toll houses, service areas, service stations, service facilities, communications facilities, and administration, storage and other buildings which the Authority may deem necessary for the operation of such project, together with all property, rights, easements and interests which may be acquired by the Authority for the construction or the operation of such projects.
(c) The word "bonds" or the words "turnpike revenue bonds" shall mean bonds of the Authority authorized under the provisions of this act.
(d) The words "public highways" shall include all public highways, roads and streets in the State, whether maintained by the State or by any county, city, town, village, or other political subdivision.
(e) The word "owner" shall include all individuals, copartnerships, associations, private or municipal corporations and all political subdivisions of the State having any title or interest in any property, rights, easements and interests authorized to be acquired by this act.

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Section 5.
(General grant of powers). The Authority shall be a body corporate and politic and shall have perpetual succession and shall have the following powers:
(a) To adopt by-laws for the regulation of its affairs and the conduct of its business;
(b) To adopt an official seal and alter the same at pleasure;
(c) To maintain an office at such place or places within the State as it may designate;
(d) To sue and be sued in its own name;
(e) To construct, maintain, repair and operate turnpike projects, and to fix and determine the termini and exact location and details between termini of turnpike projects, provided however that the location of the termini and the general location between termini of turnpike projects shall be subject to the approval of the Governor and of the State Highway Board.
(f) To issue turnpike revenue bonds of the Authority, for any of its corporate purposes, payable solely from the tolls, other revenue and proceeds of such bonds, and to refund its bonds, all as provided in this act;
(g) To fix and revise from time to time and charge and collect to1ls for transit over each turnpike proJect constructed by it;
(h) To establish rules and regulations for the use of any project;
(i) To acquire, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties under th!s act;
(j) (Acquisition by purchase or by power of eminent domain). To acquire in the name of the Authority by purchase or otherwise, on such term and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, any land and other property it may determine is reasonably necessary for any turnpike project or the relocation or reconstruction of any highway by the Authority under the provisions of this Act or for the construction of any feeder road as defined in this Act, and any and all rights, title and interest in such land and other property, including public lands, parks, playgrounds, reservations, highways or parkways, owned by or in which any county, city, town, village, or other political subdivision of the State of Georgia has any right, title or interest, or parts, thereof or rights therein and any fee simple, absolute or any lesser interest in private property, and any fee simple, absolute interest in, easements upon, or the benefit of restrictions upon, abutting property to preserve and protect turnpike projects.
In the event the Authority and any owner of land or property through negotiations are unable to agree upon the amount of compensation to be paid for such land or property, the Authority may thereupon proceed in the exercise of the power of eminent domain.
The Authority shall first determine by resolution or resolutions

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that the acquisition of the land is necessary and convenient for the construction, maintenance or operation of a turnpike project, and said resolution shall set forth the names and addresses, if known, of all persons having any interest in the land or property and a description of each parcel of land or property to be appropriated, together with a plat or plats thereof.
Upon the exercise of the power of eminent domain, the compensation to be paid thereunder and the procedure with respect thereto shall be ascertained and paid in any of the manners provided by Title 36, "Eminent Domain," of the Code of Georgia Annotated, and amendments thereof, or as provided by other laws, insofar as the respective provisions and sections of Title 36 and the provisions of other laws are applicable and not inconsistent with the provisions contained in this Act. The Authority shall be considered as an interested and proper party in all of the applicable parts and seceians of said Title 36 of the Code of Georgia Annotated and amendments thereof, and in all other applicable laws.
If the Authority so elects with respect to any one or more parcels of land or property, the three successors may be appointed and selected in the manner prescribed by Chapter 36-3 and Chapter 36-4 of the Code.
If the Authority elects to proceed, either in term time or vacation of the Superior Court having jurisdiction, with respect to any one or more parcels of land or property, by filing a petition with the Superior Court as provided in Chapter 36-11 of the Code, then the Judge of the Superior Court shall appoint the three appraisers, and in selecting the appraisers the Judge of the Superior Court, though not bound thereby, may give consideration to the names of prospective appraisers suggested by the Authority on the one hand and by the respective owner or owners on the other hand, but the Court shall have the power to exercise its own discretion in the election of the three appraisers, irrespective of names suggested by the interested parties or either of them.
The Authority, if it so elects, may join in separate subdivisions in one petition the descriptions of any number of tracts or parcels of land or property to be condemned and the names of any number of owners or other parties who may have an interest therein and all such land or property included in said petition may be condemned, provided however that separate awards shall be made for each tract or parcel of of land or property, and provided further that each of said tracts or parcels of land or property lies wholly in or has a part thereof within the same County.
The assessors' hearings and findings and award as to each parcel of land or property shall be made and filed and recorded in the office of the Clerk of the Superior Court in accordance with the provisions of Title 36 of the Code, provided, however, that the findings and award of the assess~rs shall be filed and recorded with the Clerk of the Superior Court within twenty days after their appointment. The Authority shall pay or reimburse the assessors for their necessary costs and expenses incurred in the performance of their duties. The Judge of the Superior Court is empowered to fix the amount of compensation for the respective assessors for their services, and the Authority shall pay such compensation to the respective assessors.

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In the event that the majority of such three assessors, fail to agree on the amount of an award and fail to file and record such findings and award within said twenty days, then the court shall promptly appoint one or more substitute assessors, to the end and intent that an assessors' award may be filed and recorded without undue delay.
The Authority and the respective owner or owners of land or property, as provided in Title 36 of the Code, shall each have the right of appeal from the assessors' award to the Superior Court, with the right of trial by a jury, and the right to motion for a new trial, and the further right to bills of exceptions and appeal from the Superior Court.
The assessors' award in the first instance, and the entry of judgment by the Superior Court upon the jury award in the second instance, and final judgment after appeal from the Superior Court in the third instance, successively, as the case may be, shall be deemed to constitute amounts of just and adequate compensation for the private property taken or to be taken.
The Authority shall have the right, at any time after the assessors' findings and award as to any parcel of land or property shall have been filed and recorded in the office of the Clerk of the Superior Court, to tender the amount of the assessors' award to the owner or owners thereof, and if such tender is refused, then the Authority may pay the amount of such award to the Clerk of the Superior Court for the use of such owner or owners, whereupon without the necessity of any further proceedings and regardless of any appeals by any of the parties the Authority shall have the right to enter upon and take possession of such land or property, covered by such findings and award of the assessors, and to make use of such land or property for the construction of the project.
If an appeal by any of tht! parties should be filed to the Superior Court from the assessors' award, and if the Authority should elect not to tender the amount of the assessors' award to the respective owner or owners before the entry of judgment by the Superior Court upon the jury's award, then at any time after the entry of judgment by the Superior Court upon the jury's award, the Authority shall have the right to tender the amount of such judgment of the Superior Court to the respective owner or owners, and if such tender is refused, then the Authority may pay the amount of such judgment to the Clerk of the Superior Court for the use of such owner or owners, whereupon without the necessity of any further proceedings and regardless of any further appeal by any of the parties the Authority shall have the right to enter upon and take possession of such land or property, covered by such judgment of the Superior Court based on the jury's award, and to make use of such land or property for the construction of the project.
In any event the entering of an appeal from the assessors' award or from the judgment of the Superior Court based on the jury's award, either by the Authority or by any owner or owners of land or poperty, shall not hinder or delay the Authority's right to enter upon and take possession of such land or property and begin the construction work of the project, provided the Authority shall first pay or tender to such owner or owners the amount of the award or of the judgment as the case may be, and in case of the refusal of such owner or owners to

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accept the same, deposit the amount of such award or of such judgment, as the case may be with the Clerk of the Superior Court for the benefit of such owner or owners.
The tender, payment, or acceptance of the amount of the assessors' award or of the amount of the judgment of the Superior Court based on the jury's award shall not prevent either the Authority or any owner or owners from prosecuting any appeal. If the amount awarded by the assessors is less than that found by the final judgment, the Authority shall be found to pay the sum so finally adjudged, taking credit for such amount, if any, theretofore paid by the Authority either to the owner or owners or into Court for the use of the owner or owners, and the Authority shall also pay interest at the rate of six percent per annum on the difference between the amount of the final judgment and the amount theretofore paid, such interest to be calculated from the date that such prior payment was made; and if the amount of final judgment should be less than that awarded by the assessors, the said respective owner or owners of land or property shall be bound to refund without interest any excess paid to or received by such owner or owners, and a judgment for such excess, with interest from the entry of such judgment, shall be rendered in favor of the Authority against such owner or owners, to be collected by levy as in other cases.
Upon payment by the Authority of the amount of the assessors' award and upon payment by the Authority of any additional amount found to be due as determined by a final Judgment in case of appeal, whether paid directly to the owner or owners or into Court for the use of such owner or owners as aforementioned, the Authority shall become vested with fee simple title to the respective parcel of land or property or with such rights or interest therein as the Authority shall have sought to obtain in the exercise of its power of eminent domain, and without any right of reverter of the land or property to such owner or owners, their heirs, personal representatives or assigns, if the Authority, its successors or assigns in the future should cease to continue with the use of such land for turnpike purposes. Prior, however, to the time of the vesting in the Authority of title or other rights or interest in land or property, the Authority shall have the right, as hereinbefore provided upon making the applicable payment to the owner or owners or into Court for the use of the owners or owners, to enter and possess such land or property for the purposes of the turnpike projeet.
Deeds to land or property from the owner or owners thereof to the Authority shall be filed and recorded in the office of the appropriate clerk of the Superior Court. Decrees of the Court and descriptions of proprety and other appropriate proceedings shall be recorded and performed as set forth in Sect. 36-1116 of the Code.
Costs in all Court proceedings shall be assessed, allocated or apportioned by the Court.
The Authority may abandon the proceedings for the appropriation of any parcel of land or property at any time prior to payment to the owner or owners thereof or prior to the deposit by the Authority into Court of the amount of the assessors' award or the amount of the judgment rendered by the Court based on the jury's award, as the

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case may be, and in the event the Authority should so abandon such proceedings, the Authority shall pay the amount of the costs of such owner or owners and shall also pay reasonable fees to the attorney of such owner or owners, such attorney's fees to be fixed by the Court. However, with respect to any parcel of land or property as to which the Authority has paid to the owner or owners or into Court the amount of the assessors' award of the amount of judgment rendered by the Court based on the jury's award, as the case may be, the Authority thereafter shall not abandon such condemnation proceeding with respect to such parcel of land or property notwithstanding any appeal with respect thereto, except and unless the parties may otherwise agree.
(k) To designate the locations, and establish, limit and control such points of ingress to and engress from each turnpike project as may be necessary or d~sirable in the judgment of the Authority to insure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated.
(1) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act;
(m) To appoint such additional officers, who need not be members of the Authority, as the Authority deems advisable, and to employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment; to fix their compensation and to promote and discharge such officers, employees and agents; all without regard to any other general or special laws.
(n) To receive and accept from any Federal agency, subject to the approval of the Governor, grants for or in aid of the construction of any turnpike project, and to receive and accept aid or contributions, except appropriations by the Legislature, from any source, of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made; and
(o) To do all acts and things necessary or convenient to carry out the powers expressly granted in this act.
Section 6.
(Incidental powers). The Authority shall have power to construct grade separations at intersections of any turnpike project with public highways and to change and adjust the lines and grades of such highways so as to accommodate the same to the design of such grade separation. The cost of such grade separations and any damage incurred in changing and adjusting the lines and grades of such highways shall be ascertained and paid by the Authority as a part of the cost of such turnpike project.
If the Authority shall find it necessary to change the location of any portion of any public highway, it shall cause the same to be reconstructed at such location as the Authority shall deem most favorable and of substantially the same type and in as good condition as

TUESDAY, JANUARY 22, 1952

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the original highway. The cost of such reconstruction and any damage incurred in changing the location of any such highway shall be ascertained and paid by the Authority as a part of the cost of such turnpike project.
Any public highway affected by the construction of any turnpike project may be vacated or relocated by the Authority in the manner now provided by the law for the vacation or relocation of public roads, and any damages awarded on account thereof shall be paid by the Authority as a part of the cost of such projects.
In addition to the foregoing powers the Authority and its authorized agents and employees may enter upon any lands, waters and premises in the State for the purpose of making surveys, soundings, drillings and examinations as it may deem necessary or convenient for the purposes of this act, and such entry shall not be deemed a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may be then pending. The Authority shall make reimbursement for any actual damages resulting to such lands, waters and premises as a result of such actiivties.
The Authority shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and renewal of tracts, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein cal!ed "public utility facilities") of any public utility in, on along, over or under any turnpike project. Whenever the Authority shall determine that it is necessary that any such public utility facilities which now are, or hereafter may be, located in, on, along, over or under any turnpike project shall be relocated in such turnpike project, or should be removed from such turnpike project, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the Authority; provided, however, that the cost and expenses of such relocation of removal, including the cost of installing such facilities in a new location, or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish such relocation or removal, shall be ascertained and paid by the Authority as a part of the cost of such turnpike project. In case of any such relocation or removal of facilities, as aforesaid, the public utility owning or operating the same, its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations.
For the purpose of this act, a feeder road is defined to be any road which in the opinion of the Authority is needed to create or facilitate access to a turnpike project upon which a toll is charged for transit.
The Authority is authorized to construct, repair and maintain any feeder road which in the opinion of the said turnpike Authority will increase the use of a turnpike project to which the said road is a feeder.
The Authority is authorized to take over for maintenance and

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repair any existing road which is needed as a feeder road, but before exercising such power, the consent of the local authorities, then exercising jurisdiction over the said existing road, must be obtained. The Authority is authorized to realign any such existing road and to build additional sections of road over new alignment in connection with such existing road or roads.
In any case where a feeder road is constructed over new alignment, the Authority is granted the same powers concerning the constructing thereof as is granted in connection with the construction of the turnpike project by the terms of this act. Any feeder road, eighty per centum ( 80 '7o) or more of which is built over new alignment, shall for the purpose of this act be deemed to be a "new feeder road."
In any case where the Authority has constructed a "new feeder road", the Authority shall have the obligation to maintain and repair such new feeder road until such time as the turnpike project, in connection with which the said "new feeder road" shall have been constructed, shall be turned over to the State Highway Department pursuant to the provisions of this act.
The Authority is authorized to turn back to local authorities any road or portions of road taken from such local authorities in connection with the establishing of a feeder road. No road or portion of road constructed upon a new alignment shall be turned back until the turnpike project shall have been turned over to the State Highway Department, except where a new alignment has been constructed in substitution of existing alignment.
No toll shall be charged for transit between points on any feeder road or on any "new feeder road."
Section 7.
(Bonds). The Authority is hereby authorized to provide by resolution, at one time or from time to time, for the issuance of bonds of the Authority for any of its corporate purposes, including the refunding of its bonds. The principal of and the interest on any issue of such bonds shall be payable solely from and may be secured by a pledge of tolls and other revenues of all or any part of the turnpike project financed in whole or in part with the proceeds of such issue or with the proceeds of bonds refunded or to be refunded by such issue; provided, that the proceeds of any such bonds may be used or pledged for the payment or security of the principal of or interest on bonds and for the establishment of any or all reserves for such payment or security or for other proper purposes as the Authority may authorize in the resolution authorizing the issuance of bonds or in the trust agreement securing the same. If the proceeds of the bonds of any issue, by reason of increase costs in construction or for any other reason, shall be less than is actually necessary to meet the cost of the project or projects for which such bonds shall have been issued, additional bonds may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution authorizing the issuance of such bonds or in the trust agreement securing the same, such additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority over the bonds first issued. If the proceeds of the bonds of any issue

TUESDAY, JANUARY 22, 1952

1179

shall exceed the cost of the project or projects for which the same shall have been issued the surplus shall be deposited to the credit of the sinking fund for such bonds. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall mature at such time or times not exceeding thirty-five years from their date or dates, as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority prior to the issuance of the bonds. The Authority shall determine the form for the bonds including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the State. The bonds shall be signed by the chairman of the Authority or shall bear his facsimile signature and the official seal of the Authority or a facsimile thereof shall be impressed, imprinted, engraved or otherwise reproduced thereon. The official seal or facsimile thereof shall be attested by the secretary and treasurer of the Authority, or by such other officer or agent as the Authority shall appoint and authorize, and any coupons attached to such bonds shall bear the facsimile signature of the chairman of the Authority. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All bonds issued under the provisions of this act shall have and are hereby declared to have all the qualities and incident of negotiable instruments under the negotiable instruments law of the State. The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provisions may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The Authority may sell such bonds at such price as it may determine to be for the best interests of the Authority. Neither the members of the Authority nor any person executing the bonds shall be personally liable on the bonds or be accountable by reason of the issuance thereof except in accordance with the provisions of this act.
The proceeds of the bonds of each issue shall be disbursed in such manner and under such restrictions, if any, as the Authority may provide in the resolution authorizing the issuance of such bonds or in the trust agreement hereinafter mentioned securing the same.
Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts of temporary bonds, with or without coupons, exchangeable for definitive bonds when such shall have been executed and are available for delivery. The Authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau or agency of the State, and without any other proceedings or the happenings of any other conditions or things than those proceedings, conditions or things which are specifically required by this act.
The State of Georgia does pledge to agree with the holders of the

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bonds issued pursuant to the authority to contained in this act, that the State will not limit or restrict the rights hereby vested in the Authority to maintain, construct, reconstruct, and operate any project as defined in this act, or to establish and collect such charges and tolls as may be convenient or necessary to produce sufficient revenue to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds authorized by this act or in any way impair the rights or remedies of the holders of such bonds until the bonds, together with the interest thereon, are fully paid and discharged.
Section 8.
(Trust Agreement). In the discretion of the Authority any bonds issued under the provisions of this act may be secured by a trust agreement by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust agreement or the resolution providing for the issuance of such bonds (subject to the provisions of section seven of this act) may pleadge or assign tolls or other revenues to which Authority's right then exists or may thereafter come into existence, and the moneys derived therefrom, and the proceeds of such bonds, but shall not convey or mortgage any turnpike or any part thereof. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation and insurance of the turnpike project or projects, the rates of tolls and revenues to be charged, the payment, security or redemption of bonds, and the custody, safeguarding and application of all moneys, and provisions for the employment of consulting engineers in connection with the construction or operation of such turnpike project or projects. It shall be lawful for any bank or trust company incorporated under the laws of the State which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Authority. Any such trust agreement or resolution may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual rights of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expensE:s incurred in carrying out the provisions of such trust agreement may be treated as a part of the cost of the operation of the turnpike project or projects.
Any pledge of tolls or other revenues or other moneys made by the Authority shall be valid and binding from the time when the pledge is made; the tolls or other revenues or other moneys so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Authority, irrespective of whether such parties

TUESDAY, JANUARY 22, 1952

1181

have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the Authority.
Section 9.
(Revenues). The Authority is hereby authorized to fix, revise, charge and collect tolls for the use of each turnpike project and the different parts or sections thereof, and to contract with any person, partnership, association or corporation desiring the use of any part thereof, including the right-of-way adjoining the paved portion, for placing thereon telephone, telegraph, electric light or power lines, gas stations, garages, stores, hotels, and restaurants, or for any other purpose except for tracks for railroads or railway use, and to fix the terms, conditions, rents and rates of charges for such use; provided, that a sufficient number of gas stations may be authorized to be established in each service area along any such highway to permit reasonable competition by private business in the public interest. Such tolls shall be so fixed and adjusted as to carry out and perform the terms and provisions of any contract with or for the benefit of bondholders. Such tolls shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the State. The use and disposition of tolls and revenues shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement securing the same.
Section 10.
(Trust funds). All moneys received pursuant to the authority of this act, whether as proceeds from the sale of bonds or as revenue, shall be deemed to be trust funds, to be held and applied solely as provided in the act. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this act and such resolution or trust agreement may provide.
Section 11.
(Remedies). Any holder of bonds issued under the provisions of this act or of any of the coupons appertaining thereto, and the trustee under any trust agreement, may, by civil action or proceeding, protect and enforce any and all rights under the laws of the State or granted hereunder or under such trust agreement or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this act or by such trust agreement or resolution to be performed by the Authority or by any officer thereof, including the fixing, charging and collecting of tolls.
Section 12.
(Exemption from taxation). The exerhises of the powers granted by this act will be in all respects for the benefit of the people of the State, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance or turnpike projects by the Authority will constitute

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the performance of essential governmental functions, the Authority shall not be required to pay any taxes or assessments upon any turnpike project or any property acquired or used by the Authority under the provisions of this act or upon the income therefrom, and any turnpike project and any property acquired or used by the Authority under the provisions of this act and the income therefrom, and the bonds issued under the provisions of this act, their transfer and the income therefrom (including any profit made on the sale, thereof) shall be exempt from taxation.
Section 13.
(Bonds eligible for investment). Bonds issued by the authority under the provisions of this Act are hereby made securities in which the State and all political sub-divisions of this State, their officers, boards, commissions, departments or other agencies, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who now are or may be hereafter be authorized to invest in bonds or other obligations of the State, may properly and legally invest any funds, including capital belonging to them or within their control; and said bonds or other securities or obligations are hereby made securities which may properly and legally be deposited with and received by any State or municipal officers or agency of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authcrized by law.
Section 14.
(Miscellaneous). Each turnpike project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the Authority. Each such project shall also be policed and operated by such force of police, talltakers and other operating employees as the Authority may in its discretion employ.
All counties, cities, towns, villages, and other political subdivisions and all public departments, agencies and commicsions of the State of Georgia notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant or convey to the Authority at its request upon such terms and conditions as the proper authorities of such counties, cities, towns, villages, and political subdivisions and departments, agencies or commissions of the State may deem reasonable and fair and without the necessity for any advertisement, order of court of other action or formality, other than the regular and formal action of the authorities concerned, any real property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including public roads and other real property already devoted to public use.
On or before the thirtieth of January in each year the Authority shall make an annual report of its activities for the preceding calendar year to the Governor and to the Legislature. Each such report shall set forth a complete operating and financial statement covering the operations during the year. The Authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of

TUESDAY, JANUARY 22, 1952

1183

the cost of construction or of operation of the project. Any member, agent or employee of the Authority who is inter-
ested, either directly or indirectly, in any contract of another with the authority, or in the sale of any property, either real or personal, to the Authority, shall be guilty of a misdemeanor and upon conviction punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both.
Section 15.
(Refunding bonds). The Authority is hereby authorized to provide by resolution for the issuance of refunding bonds of the Authority for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this Act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable the Authority, for the additional purpose of constructing improvements, extensions, or enlargements of the turnpike project or projects in connection with which the bonds to be refunded shall have been issued. The Authority is further authorized to provide by resolution for the issuance of its bonds for the combined purpose of (a) refunding any bonds then outstanding which shall have been issued, under the provisions of this Act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and (b) paying all or any part of the cost of any additional project or projects. The issuance of such bonris, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the Authority in respect of the same, shall be governed by the provisions of this Act in so far as the same may be applicable.
Section 16.
(Cessation of tolls). When all bonds issued under the provisiOns of this Act to finance any turnpike project or projects and the interest thereon shall have been paid or a sufficient amount for the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, such project or projects if then in good condition and repair to the satisfaction of the State Highway Department, shall become part of the State Highway system and shall thereafter be maintained by the State Highway Department free of tolls; provided, however, that the Authority may thereafter charge tolls for the use of any such project and pledge such tolls to the payment of bonds issued under the provisions of this Act in connection with another turnpike project or projects, but any such pledge of toll:: of a turnpike project to the payment of bonds issued in connection with another project or projects shall not be effectual until the principal of and the interest on bonds issued in connection with the first mentioned project shall have been paid or provision made for their payment.
Section 17.
(Preliminary and other expenses). The State Highway Department is hereby authorized in its discretion to expand out of any funds available for the purpose such moneys as may be necessary for the study of any turnpike project or projects and to use its engineering and other forces, including other consulting engineers and other traffic engineers, for the purpose of effecting such study and to pay for such

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additional engineering and traffic and other expert studies as it may deems expedient, and all such expenses incurred by the Department shall be paid by the Department and charged to the appropriate turnpike project or projects, and the Depal'tment shall keep proper records and accounts showing each amount so charged. Upon the sale of turnpike revenue bonds for any turnpike project or projects, the funds so expended by the State Highway Department in connection with such project or projects shall be reimbursed by the Authority to the State Highway Department from the prcceeds of such bonds.
Any obligation or expense hereafter incurred by the State Highway Department with the approval of the Authority for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the construction of a project shall be regarded as a part of the cost of such project and shall be reimbursed to the State Highway Department out of the proceeds of bonds herein authorized.
Section 18.
(Additional method). The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing provided, however, that the issuance of turnpike revenue bonds or refunding bonds under the provisions of this Act need not comply with the requirements of any other law applicable to the issuance of bonds.
Section 19.
(Liberal construction). This act, being nececsary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purpose thereof.
Section 20.
(Severabiiity). If any provision of this Act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are declared to be severable.
Section 21.
All other general or special laws, or parts thereof, inconsistent herewith are hereby declared to be inapplicable to the provisions of this act; and all laws and parts oi laws in conflict with the provisions of this Act are hereby repealed.
Section 22.
This Act shall be known as and may be cited as the "Georgia Turnpike Authority Act."
Mr. Twitty of Mitchell moves to amend Substitute to HB 29 by striking paragraph (e) of Section 5, and inserting in lieu thereof the following:
"(e) To construct, maintain, repair and operate turnpike projects, and to fix and determine the termini and exact location and details between the termini of turnpike projects; provided, however,

TUESDAY, JANUARY 22, 1952

1185

any other provisions of this Act to the contrary notwithstanding, no turnpike project, or projects, shall be constructed or located at any place in this State other than between the County of Fulton and the boundary line between the States of Georgia and Tennessee. Provided further, that the location of the termini and the general location between termini of turnpike projects shall be subject to the approval of the Governor and of the State Highway Board."

Mr. Owens of Tift moved that the House consider the bill paragraph by paragraph, and the motion was lost.

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

On the motion to adjourn, Mr. Owens of Tift moved the ayes and nays and the call was not sustained.

The motion to adjourn prevailed.

The Speaker announced the House adjourned until 10 :00 o'clock tomorrow morning and HB 29 went over until that time under the order of unfinished business.

1186

JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, January 23rd, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chapiain.
By unanimous consent, the call of the roll was dispensed with.

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions. 3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

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

HB 862. By Dr. Smith of Bryan:
A Bill to be entitled an Act to repeal an Act which effected the complete revision of all and singular laws of this State in any way dealing with the subjects of registration and qualification of voters known as "The Voters Registration Law," and for other purposes.
Referred to the Committee on State of Republic.

WEDNESDAY, JANUARY 23, 1952

1187

HB 863. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and Smith of Emanuel: A Bill to be entitled an Act to provide for the levying, assessing, and collecting of an income tax on net income, and for other purposes.
Referred to the Committee on Ways and Means.

HB 864. By Messrs. Clark of Decatur, Durham of Baker, Mims of Miller and others:
A Bill to be entitled an Act to amend an Act relating .to using abusive or obscene language and the penalty therefor, and for other purposes.
Referred to the Committee on Special Judiciary.

HB 86'5. By Messrs. Clark of Decatur, Durham of Baker, Mims of Miller and Battles of Decatur:
A Bill to be entitled an Act to provide that any person who shall communicate to any virturous female, by writing or printing any obscene or vulgar language or improper proposals, shall be guilty of a felony, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 866. By Messrs. Dews of Calhoun, Ivey of Newton, Brannen of Dooly and Nelson of Pulaski:
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, brandy, rum, whiskey, or any other distilled alcoholic beverage; and for other purposes.
Referred to the Committee on Temperance.

HB 867. By Mr. Walker of Crawford:
A Bill to be entitled an Act to amend an Act providing for driving and traffic regulations, so as to change the speed limit for certain motor vehicles, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 868. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to amend an Act to provide for the giving of security by owners and operators of motor vehicles, so as to make certain changes in the provisions relating to insurance for U-Drive-It operators; and for other purposes.
Referred to the Committee on Insurance.
HB 869. By Messrs. Gardner of Dougherty, Dicus of Muscogee, Aycock of Jenkins and others :
A Bill to be entitled an Act to regulate the making and filing of all plats and maps in each County of the State, and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to the Committee on General Judiciary #2.

HB 870. By Messrs. Lewis of Hancock and Best of Clay:
A Bill to be entitled an Act to amend an Act which relates to the payment of deposits of a deceased depositor, etc., and for other purposes.
Referred to the Committee on Banks and Banking.

HB 871. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act creating a Retirement System for State employees, and for other purposes.
Referred to the Committee on Industrial Relations.

HB 872. By Messrs. Jordan of Wheeler, Gillis of Treutlen and Langdale of Lowndes:
A Bill to be entitled an Act to amend an Act known as the Department of Natural Resources Act, and for other purposes.
Referred to the Committee on Conservation.

HB 873. By Messrs. Langdale of Lowndes, Jordan of Wheeler and Gillis of Treutlen:
A Bill to be entitled an Act to authorize the Georgia State Forestry Commission to purchase an airplane through the State Purchasing Department, and for other purposes.
Referred to the Committee on Conservation.

HB 874. By Messrs. Walker of Telfair, Best of Clay, Pickard of Muscogee, Key of Jasper and others:
A Bill to be entitled an Act to amend an Act entitled An Act to provide a complete and comprehensive vital statistics law for Georgia, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HB 875. By Messrs. Walker of Telfair, Best of Clay, Pickard of Muscogee and others:
A Bill to be entitled an Act to amend an Act to protect the public health by providing for pre-marital examinations for syphillis; and for other purposes.
Referred to the Committee on Hygiene and Sanitation.
HB 876. By Mr. Waldrop of Douglas:
A Bill to be entitled an Act to repeal an Act creating a nine-member Board of Commissioners of Roads and Revenues for the County of Douglas, and for other purposes.
Referred to the Committee on Counties and County Matters.

WEDNESDAY, JANUARY 23, 1952

1189

HB 877. By Mr. Green of Rabun:
A Bill to be entitled an Act to prohibit owners or possessors of dogs in the counties of Gilmer, Murray, Fannin, Pickens, Dawson, Lumpkin, Union, Towns, White, Rabun and Habersham from allowing said dogs to run loose on wild lands during certain times, and for other purposes.
Referred to the Committee on Game and Fish.

HB 878. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act to abolish the office of County Treasurer of the County of Laurens; and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 879. By Messrs. Lovett and Hadden of Laurens:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin, and for other purposes.
Referred to the Committee on Municipal Government.

HB 880. By Mr. Ramsey of Effingham:
A Bill to be entitled an Act to amend an Act which created the office of County Treasurer for Effingham County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 881. By Messrs. Lovett and Hadden 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.
Referred to the Committee on Municipal Government.

HB 882. By Messrs. Lovett and Hadden 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.
Referred to the Committee on Municipal Government.
HR 227-882a. By Messrs. Pittard and Matthews of Clarke: A Resolution to relieve William Herty Killian from paying security bond, and for other purposes.
Referred to the Committee on General Judiciary #2.
HR 228-882b. By Mr. Deen of Bacon: A Resolution proposing that the State Highway Department be directed to pay R. E. Lawson the sum of $1,025.39 as compensation for damages to his automobile, and for other purposes.
Referred to the Committee on General Judiciary #2.

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JOURNAL OF THE HOUSE,

HR 229-882c. By Messrs. Gowen and Nightingale of Glynn:
A Resolution proposing an amendment so as to authorize Glynn County to levy and collect taxes and assessments to acquire and maintain works, projects and undertakings to prevent and retard land erosion, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution #2.

HR 230-882d. By Mr. Walker of Crawford:
A Resolution proposing an amendment providing for an exemption from all state, county and municipal ad valorem taxes for a period of time not exceeding five years for new manufacturing concerns migrating to this State, and for other purposes.
Referred to Committee on Amendments to Constitution # 1.

HR 231-882e. By Mr. Leach of Rockdale:
A Resolution proposing that the Department of Defense of the State of Georgia, Military Department, be ordered to pay Claude G. Bennett the sum of $407.50 as compensation for the loss of chickens and consequent damages for burying the same, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 883. By Messrs. Dicus of Muscogee, Bolton of Spalding and Scott of Thomas:
A Bill to be entitled an Act to amend an Act esstablishing an employees retirement system; and for other purposes.
Referred to the Committee on General Judiciary #1.

Mr. Freeman of Monroe 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 back to the House with the following recommendations:

HR 190-810c. Do Pass.

HR 215-830. Do Pass.

SR 47. Do Pass.

HR 178-755. Do Pass. HR 168-708e. Do Pass. HR 182-755i. Do Pass.

Respectfully submitted,

Freeman of Monroe,

Chairman.

WEDNESDAY, JANUARY 23, 1952

1191

Mr. Adams of Evans 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 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 165-708i. Do Pass.
HB 651. Do Pass.
Respectfully submitted,
Adams of Evans,
Chairman.

Mr. Rowland of Johnson County, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under the 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 359. Do Not Pass.
Respectfully submitted,
Rowland of Johnson, Chairman.

Mr. Hollis of Muscogee 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 11. Do Not Pass.

HB 785. Do Pass.

HB 784. Do Pass.

HB 639. HB 634. HB 629.

Do Pass. Do Pass. Do Pass.

Respectfully submitted,

Hollis of Muscogee,

Chairman.

1192

JOURNAL OF THE HOUSE,

Mr. Kidd of Baldwin County, Chairman of the Committee on Georgia State Sanitariums, submitted the following report:

Mr. Speaker: Your Committee on Georgia State Sanitariums 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 817. Do Pass.
HR 195-810h. Do Pass.
Respectfully submitted,
Kidd of Baldwin,
Chairman.

Mr. Raulerson of Pierce 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 bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 672. Do Pass. HB 788. Do Pass. HB 839. Do Pass.
Respectfully submitted, Raulerson of Pierce, Chairman.

Mr. Barber of Colquitt 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 844. Do Pass.

HB 690. Do Pass.

HB 739. Do Pass.

HB 855. Do Pass.

Respectfully submitted, Barber of Colquitt, Chairman.

WEDNESDAY, JANUARY 23, 1952

1193

Mr. Jessup of Bleckley 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 and resolutions of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 720. Do Pass. HR 181-7551. Do Pass. HR 216-830g.
Respectfully submitted, Jessup of Bleckley, Chairman.

Mr. Smiley of Liberty 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 211-830b. Do Pass. HR 221-861b. Do Pass. HR 175-755b. Do Pass. HR 176'-755c. Do Pass.
Respectfully submitted, Smiley of Liberty, Chairman.

Mr. Adams of Brantley 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 has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 773. HB 641. HB 713. HB 778.

Do Pass. Do Pass.

1194

JOURNAL OF THE HOUSE,

HR 193-810f. Do Pass.

Respectfully submitted, Adams of Brantley, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of the Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of the Republic 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 750. Do Pass. HB 852. Do Pass. HR 192-810e. Do Pass. SB 233. Do Pass. SB 234. Do Pass. SB 235. Do Pass. SB 254. Do Pass.
Respectfully submitted,
McCracken of Jefferson,
Chairman.

Mr. Matthews of Clarke County, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker: Your Committee on University System of Georgia has had under con-
sideration 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 789. Do Pass. Respectfully submitted, Matthews of Clarke, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following

WEDNESDAY, JANUARY 23, 1952

1195

bills of the Senate to wit:

SB 236. By Senators Rawls of the lOth and Connell of the 6th:
A bill to provide for the election of electors for President and Vice President; to provide for nomination and certification of party candidates for such electors; for determination of dispute concerning nominations for candidates of such election; and for other purposes.
SB 242. By Senator Trotter of the 37th:
A "bill to amend the Act fixing the salary for the court reporter of the Coweta Judicial Circuit so as to provide the reporter shall receive as additional compensation all fees for reporting civil cases; and for other purposes.

SB 257. By Senator Duncan of the 34th:
A bill to amend the Act incorporating the Town of Snellville; to clarify how said town may contract or be contracted with; to provide for the the levying and collecting of ad valorem tax on all property in said town; to provide for registration and licensing of all persons, firms or corporations doing business; and for other purposes.

SB 264. By Senator Farrar of the 42nd:
A bill to amend the charter of the City of Summerville so as to change the time for holding general and special elections in said city, and for other purposes.

SB 269. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta to authorize City Council to sell described land and to grant easements over other land; and to provide group insurance to be extended to cover elected officials; and for other purposes.
SB 272. By Senator Millican of the 52nd:
A bill to amend the Act relating to appraisal of real property in Fulton County so as to provide that the appraisal be completed on or before Dec. 31st, 1954; to provide that the appraisals required by said Act may be made by the tax assessors of Fulton County; and for other purposes.
SB 274. By Senator Grayson of the 1st:
A bill to amend the Charter of the Mayor and Aldermen of the City of Savannah directing the conveyance by deed of a certain portion of an alley to the Savannah Machine and Foundry Company and for other purposes.

SB 281. By Senator Willingham of the 39th:
A bill to amend the charter of the City of Marietta, to authorize the collection of an ad valorem tax not to exceed one mill for the cost of sewage disposal; to authorize appropriations by the Board of

1196

JOURNAL OF THE HOUSE,

Lights and Water Works to the City of Marietta from surplus revenues; and for other purposes.

SB 283. By Senator Grayson of the 1st:
A bill to authorize the Commissioners of Chatham County to gather garbage and trash beyond corporate limits of any municipality and to charge a fee for same; and for other purposes.

Mr. Speaker:
The Senate has adopted, as amended, the following Resolution of the House to wit:

HR 218. By Messrs. Hand and Twitty of Mitchell, and others:
A Resolution memorializing Congress to call a convention for the purpose of considering an amendment to the Constitution of the United States relative to taxes on incomes, inheritance and gifts.

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

HB 452. By Messrs. Vandiver, Clay and Wood of Bibb:
A bill 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, together with the Acts amending same, passed since 1914, with certain changes in said Acts; and for other purposes.

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
HB 629. By Messrs. Lewis of Hancock, Jackson of Jones, and Best of Clay:
A bill to be entitled an Act to provide that any person accused of crime shall not be denied the privilege and benefit of counsel, and for other purposes.
HB 634. By Messrs. Lewis of Hancock, Jackson of Jones, and Best of Clay:
A bill to be entitled an Act to provide for a demand for a trial by any person accused of a capital offense and for admission to bail, and for other purposes.
HB 639. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act so as to provide that solicitors of the county and city courts may make condemnation proceedings under the law prohibiting the use of any vehicle for the purpose of transporting lottery tickets, and for other purposes.
HB 641. By Mr. Overby of Hall:

WEDNESDAY, JANUARY 23, 1952

1197

A bill to be entitled an Act to amend an Act so as to provide that a notary shall be 18 years of age, and for other purposes.

HB 651. By Mr. Neville of Bulloch:
A bill to be entitled an Act to amend an Act so as to provide that certain music teachers shall be entitled to the benefits under the Teachers' Retirement Program, and for other purposes.

HB 672. By Mr. Tumlin of Bartow:
A bill to be entitled an Act to amend an Act so as to authorize subleases of property leased by the State from the Federal Government, and for other purposes.
HB 690. By Messrs. Bentley and Williams of Cobb:
A bill to be entitled an Act to amend an Act so as to provide for the amount of compensation of the mayor and councilmen of the City of Austell, and for other purposes.
HB 713. By Messrs. Owens of Tift, Best of Clay, and Jackson of Jones:
A bill to be entitled an Act to amend an Act so as to remove the jurisdiction of the courts of ordinary in cases of public drunkenness and being drunk on the highway, and for other purposes.
HB 720. By Mr. Murr of Sumter:
A bill to be entitled an Act to provide that the Secretary of State shall be responsible for the distribution of the laws and journals of this State, and for other purposes.

HB 739. By Messrs. Page and McGee of Chatham:
A bill to be entitled an Act to amend the charter of the Town of Garden City by changing the time for voting in municipal elections, and for other purposes.

HB 756. By Messrs. Rogers of Heard and Perkins of Carroll:
A bill to be entitled an Act to repeal an Act providing for recovery from the estate of a deceased recipient receiving assistance under the Old Age Assistance Act, and for other purposes.
HB 773. By Mr. Bolton of Spalding:
A bill to be entitled an Act to amend Section 58-608 of the Code of Georgia by adding the following words: "or upon lands of another not in the exclusive possession of the person or persons so intoxicated," and for other purposes.

HB 778. By Messrs. M. Smith of Fulton and Johnson of Hall:
A bill to be entitled an Act to provide for the disposition of property where there is not sufficient evidence that persons have died otherwise than simultaneously, and for other purposes.

1198

JOURNAL OF THE HOUSE,

HB 784. By Messrs. Abney and Campbell of Walker, Abney of Catoosa, and Hale of Dade:
A bill to be entitled an Act to make the attorney-general of the State of Georgia the legal representative of the beneficiaries of charitable trusts, and for other purposes.

HB 785. By Messrs. Abney and Campbell of Walker, Abney of Catoosa, and Hale of Dade:
A bill to be entitled an Act to authorize the trustees of any charitable trust having as its object the relief of the aged, impotent, diseased, and poor people by providing hospitals and hospital services under certain conditions, and for other purposes.
HB 788. By Messrs. Best of Clay and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act so as to provide obsolete public records may be destroyed after four years, and for other purposes.
HB 789. By Messrs. Hand of Mitchell, Smith of Emanuel, and others:
A bill to be entitled an Act to amend an Act so as to increase the maximum amount of bonds authorized to be outstanding under the University System Building Authority Act, and for other purposes.
HB 817. By Messrs. Boone of Wilkinson, Parker of Baldwin, and others:
A bill to be entitled an Act to amend an Act so as to provide for a reduction in the number of years of creditable service required before disability retirement under the employees' retirement system, and for other purposes.
HB 839. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act creating the Georgia Historical Commission by striking the paragraph prohibiting expenditure of State funds by said commission unless appropriated by the General Assembly, and for other purposes.

HB 844. By Mr. Boggus of Ben Hill:
A bill to be entitled an Act to amend an Act creating a charter for the City of Fitzgerald, and for other purposes.

HB 852. By Messrs. Bell, Holley, and Graham of Richmond: A bill to be entitled an Act to authorize certain counties to make and prescribe building codes, rules and regulations, and for other purposes.
HB 855. By Mr. Smiley of Liberty: A bill to be entitled an act to create a new charter for the City of Hinesville, and for other purposes.
HR 165-708i. By Mr. Greer of Lanier:

WEDNESDAY, JANUARY 23, 1952

1199

A resolution proposing to the qualified voters of Georgia an amendment to the Constitution providing that the State Board of Education shall be the body to set all policy concerning public schools, and for other purposes.

HR 16'8-7081. By Messrs. Alverson of Fulton, Hand and Twitty of Mitchell, and others:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution so as to provide that the Governor shall have 30 days after the adjournment of the General Assembly within which to approve any bill presented to him, and for other purposes.

HR 175-755b. By Messrs. Abney and Campbell of Walker:
A resolution proposing that the State Highway Department be directed to pay compensation for the damage done to truck of Mr. Louie Raines, and for other purposes.

HR 176-755c. By Mr. Campbell of Oconee:
A resolution appropriating $55.47 to reimburse Mr. W. L. Linenkohl, and for other purposes.

HR 181-755h. By Mr. Pickett of Pickens:
A resolution proposing that the state librarian furnish certain law books to Pickens County, and for other purposes.

HR 182-755i. By Messrs. Page and McGee of Chatham:
A resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution to authorize Chatham County to enact ordinances for the policing of said county, and for other purposes.

HR 190-810c. By Messrs. Vandiver ,of Bibb, Perkins of Carroll, and others;.
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution to provide that judges of the superior courts shall be elected by the voters of their respective judicial circuits, and for other purposes.

HR 192-810e. By Mr. Smith of Emanuel:
A resolution relieving the director of the Department of Public Safety from any existing and future liability arising from a theft by Preston Holden, and for other purposes.

HR 193-810f. By Mr. Stewart of Habersham:
A resolution proposing that the state librarian furnish certain law books to Habersham County, and for other purposes.

HR 195-810h. By Mr. Kidd of Baldwin:
A resolution authorizing an inspection tour of certain hospitals, and for other purposes.

1200

JOURNAL OF THE HOUSE,

HR 211-830b. By Messrs. Cates and Bargeron of Burke:
A resolution proposing that the State Highway Board be authorized to pay J. W. Borom $80.55 as damages and reimbursement, and for other purposes.

HR 215-830f. By Messrs. Perkins and Duncan of Carroll:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution to provide for the division of Carroll County into school districts and for the election by the people of members of the county board of education, and for other purposes.

HR 216-830g. By Messrs. Williams of Houston and Vandiver of Bibb:
A resolution proposing that the State Librarian furnish certain law books to Houston County, and for other purposes.

HR 221-861b. By Mr. Tippins of Wilcox:
A resolution proposing that the Georgia Forestry Department be authorized to pay $200.00 to T. A. Holliday in compensation for his loss, and for other purposes.

SR 47. By Senator Stephens of the 50th:
A resolution proposing an amendment to the Constitution to provide pensions for widows of Confederate soldiers married prior to January 1, 1920, and for other purposes.

SB 233. By benators Rawls of the lOth and Connell of the 6th:
A bill to be entitled an Act to repeal an Act establishing a state-wide general election, and for other purposes.

SB 234. By Senators Rawls of the lOth and Connell of the 6th:
A bill to be entitled an Act to amend an Act so as to include the Director of the State Department of Entomology under the provisions of the Merit System Act, and for other purposes.

SB 235. By Senators Rawls of the lOth and Connell of the 6th:
A bill to be entitled an Act to amend an Act so as to include the director of the State Department of Mines, Mining and Geology under the provisions of the Merit bystem Act, and for other purposes.
SB 254. By Senator Coleman of the 18th:
A bill to be entitled an Act to authorize Richmond County and the city council of Augusta to regulate the public health through the Richmond County Department of Health, and for other purposes.

By unanimous consent, the following bills and resolutions of the House were taken up for consideration and read the third time:

WEDNESDAY, JANUARY 23, 1952

1201

HB 683. By Mr. Rogers of Heard:
A bill to be entitled an Act to amend the charter of the City of Franklin so as to extend and make uniform the corporate limits of said city, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 699. By Mr. Callier of Talbot:
A bill to be entitled an Act to amend an Act so as to change the corporate name of the Town of Talbotton to the City of Talbotton, and for other purposes.
The report 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 753. By Messrs. Hollis, Pickard, and Dicus of Muscogee:
A bill to be entitled an Act to amend the charter of the City of Columbus by providing a method of appeal from the recorder's or mayor's court to the city court, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 204-810q. By Mr. Boone of Wilkinson:
A resolution proposing that the new bridge at Mcintyre be named and designated as the "Walden Bridge," and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 207-810t. By Mr. Boone of Wilkinson:
A resolution proposing that the new bridge over Commissioner Creek on the Pennington Highway be named and designated as the "McCook Bridge," and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, nays 0.

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JOURNAL OF THE HOUSE,

The resolution, having received the requisite constitutional majority, was adopted.

HR 208-810u. By Mr. Boone of Wilkinson:
A resolution proposing that a portion of highway running from McIntyre to its intersection U. S. Highway No. 29 be designated and named as "Todd Road," and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 210-830a. By Mr. Boone of Wilkinson:
A resolution proposing that the projected bridge across Sandy Creek on the highway from Allentown to Toombsboro be named and designated as "Hall Bridge," and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 109, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 822. By Mr. Tarpley of Union:
A bill to be entitled an Act to provide for holding two additional terms of the Superior Court of Union County for the purpose of trying nonjury matters, and for other purposes.
The report 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 824. By Messrs. Covington, Scoggin, and Hall of Floyd:
A bill to be entitled an Act to amend an Act so as to raise the amount supplementing the annual salary of the judge of the superior court of the Rome judicial circuit, and for other purposes.
The report of the committee, which was favorable to the passage of the b:Il, 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 827. By Mr. Robertson of Dawson:
A bill to be entitled an Act to repeal an Act creating a board of commissioners of roads and revenues for the County of Dawson, and for

WEDNESDAY, JANUARY 23, 1!152

1203

other purposes.
The report 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 828. By Mr. Sheffield of Brooks:
A bill to be entitled an Act to amend an Act so as to provide that the board of commissioners of the City of Quitman shall have the power to establish a natural gas system, and for other purposes.
The report of the conunittee, 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 829. By Mr. Sheffield of Brooks:
A bill to be entitled an Act to amend an Act so as to provide power to the board of commissioners of the City of Quitman to close or abandon streets, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 831. By Mr. Peacock of Dodge:
A bill to be entitled an Act to amend an Act so as to increase the salaries of the commissioner of roads and revenues of Dodge County and his 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 832. By Mr. Peacock of Dodge: A bill to be entitled an Act to amend an Act so as to change the compensation of the sheriff 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 116, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 833. By Mr. Peacock of Dodge:

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JOURNAL OF THE HOUSE,

A bill to be entitled an Act to supplement the compensation now received by the ordinary of Dodge County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed.
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 following bills of the Senate were read the first time and referred to the committees:
SB 236. By Senators Rawls of the lOth and Connell of the 6th: A Bill to be entitled an Act to provide for the election of electors of President and Vice-President of the United States as authorized by the Constitution of the United States, and for other purposes.
Referred to the Committee on State of Republic.
SB 242. By Senator Trotter of the 37th: A Bill to be entitled an Act to amend an Act to provide for the salary of the Official Court Reporter of the Coweta Judicial Circuit, and for other purposes.
Referred to the Committee on General Judiciary No. 1.
SB 257. By Senator Duncan of the 34th: A Bill to be entitled an Act amending the Charter of the Town of Snellville, and for other purposes.
Referred to the Committee on Municipal Government.
SB 264. By Senator Farrar of the 42nd: A Bill to be entitled an Act to amend an Act to create and incorporate the City of Summerville, and for other purposes.
Referred to the Committee on Municipal Government.
SB 269. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend an Act to establish a new charter for the City of Atlanta, and for other purposes.
Referred to the Committee on Insurance.
SB 272. By Senator Millican of the 52nd: A Bill to be entitled an Act to amend an Act to provide for the appraisal of property in Fulton County and the City of Atlanta, and for other purposes.
Referred to the Committee on Municipal Government.
SB 274. By Senator Grayson of the 1st:

WEDNESDAY, JANUARY 23, 1952

1205

A Bill to be entitled an Act amending the Charter of the Mayor and Aldermen of the City of Savannah, and for other purposes.

SB 281. By Senator Willingham of the 39th:
A Bill to be entitled an Act to amend an Act to create a new charter for the City of Marietta, and for other purposes.
Referred to the Committee on Municipal Government.

SB 283. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend an Act to create and organize Commissioners of Chatham County who shall be ex-officio Judges, and for other purposes.
Referred to the Committee on Municipal Government.

Mr. Gowen of Glynn asked unanimous consent that the following bill of the House be withdrawn from the Committee on Ways and Means and recommitted to the Committee on General Judiciary No. 1.
HB 668. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act relating to filing of State income tax returns, and for other purposes.
The unanimous consent request was granted, and the bill was withdrawn from the Committee on Ways and Means and recommitted to the Committee on General Judiciary No. 1.

Under the order of unfinished business, the following bill of the House was taken up for consideration:
HB 29. By Messrs. Hand and Twitty of Mitchell, Gowen of Glynn, and others: A bill to be entitled an Act to facilitate vehicular traffic in the State of Georgia by providing for the construction, maintenance, repair and operation of turnpike projects, and for other purposes.
Mr. Twitty of Mitchell moved the previous question and the motion prevailed.
An amendment offered by Mr. Pittard of Clarke was read and lost.
An amendment offered by Mr. Knight of Gordon was read and lost.
An amendment offered by Mr. Neville of Bulloch was read and lost.
The following amendment was read: Messrs. Ramsey of Effingham and Neville of Bulloch move to amend Section 9 of the substitute to HB 29 by adding a new sentence at the end thereof, to read as follows: "Provided, that owners of property abutting on the

1206

JOURNAL OF THE HOUSE,

property of the Authority shall have the right to operate and/or own on their property the enterprises described herein, except public utilities, and the Authority is prohibited from exercising the powers enumerated in this section pertaining to private enterprise, except public utilities unless expressly granted such authority by said abutting land owners, respecting property of the Authority which lies between the traffic lanes on the property of the Authority and the private property of said abutting landowners, for the length of the property line existing between the properties of the Authority and of said abutting land owners."
On the adoption of the amendment, Mr. Neville 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.:

Abney of Catoosa Abney of Walker Adams of Evans Adams of Upson Aycock Barber of Jackson Bell of DeKalb Bell of Richmond Black Boggus Brantley
Britton Campbell of Walker Carr Clary Claxton Covington Cranford De en Dicus Dorsey Durden Fears Freeman
Green of Cherokee Griffith

Hale Hall of Floyd Hawkins Hilton Holley
Hopkins Jessup Kelley Kemp King Knight Langdale Lanier Little McKelvey Mackay Murphy
Murr Musgrove Neville Newman Nightingale Owens
Peacock Perkins Pickard

Pittard Ramsey Register Robertson of Dawson Scoggin Simmons Sivell Smiley Smith of Bryan
Stevens of Marion Stewart Sumner Tarpley Terry Trapnell Tumlin Ursrey
Vandiver Waldrop Warren Weems Wilkes Williams of Houston Willis Wood Wright

Those voting in the negative were Messrs.:

Adams of Brantley
Alverson Ball Barber of Colquitt Bargeron Battles Baughman Beasley Bentley Best Birdsong

Boone Brannen
Brazeal Burkett Byrd Campbell of Oconee Cates Clark Coogle Cornelius Dally

Denton
Dews
Duncan Durham Flynt Gardner Garrard Gary
Gillis Gowen Graham

WEDNESDAY, JANUARY 23, 1952

1207

Green of Irwin Green of Rabun Greene of Crisp Groover Guthrie Hall of Toombs Harrell Harris
Henderson Herrin Hollis Hood Huddleston Ivey
Jackson Johnson of Hall Jolly
Jones of Lupmkin Jordan Kennedy Key Kidd Lam
Lavender

Leach Lewis of Greene Lewis of Hancock Lovett McCracken McWhorter Mangum
Matthews Mims
Mull Nelson Otwell Overby
Page Parker Raulerson Ray Risner Robertson of Coweta Rogers
Rollins Rowland Russell Scott

Sheffield Short Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Tamplin Tillman Tippens
Todd Turk Twitty Vickers
Walker of Crawford Walker of Telfair Wheeler White Whitworth Wiggins
Wilkinson Williams of Cobb Willingham Wooten

Those not voting were Messrs.: Barrett, Biggers, Bolton, Brooks, Burgamy, Callier, Clay, Coffin, Deason, Edenfield, Greer, Hadden, Harper, Johnston, Jones of Bartow, Kitchens, McGarity, McGee, Mishoe, Pickett, Stocks, Tarbutton, and Mr. Speaker.

By unanimous consent, the verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 77, nays 104. The amendment was lost.

An amendment offered by Mr. Neville of Bulloch was read and lost.

The following amendment was read:

Mr. Neville of Bulloch moves to amend Section 5 (j) of the substitute to HB 29 by adding a new sentence, as follows: "Provided, that the owners of property abutting the property of the Authority shall have the right to operate any business or enterprise on their property as such rights presently exist, and shall have the right to afford means of egress and ingress from and to their places of business or enterprise as such rights now exist.
On the adoption of the amendment, the ayes were 72, nays 87.
The amendment was lost.

The following amendment was read:
Mr. Freeman of Monroe moves to amend the substitute to HB 29 by striking therefrom Section 9 in its entirety and inserting in lieu thereof the following:

1208

JOURNAL OF THE HOUSE,

"Section 9. No commercial enterprise or activities shall be authorized or conducted by the Georgia Turnpike Authority or any agency of the 5tate within or on the property acquired for as rights of way of turnpike projects and toll roads, as defined in this Act.
"The Georgia Turnpike Authority shall provide for access roads leading to and off the property acquired for rights of way of turnpike projects as provided for in this Act, at points which will best serve the public interest.
"Such access roads shall be so located as to permit the establishment, by the owners or lessee of abutting property, of adequate fuel and other facilities for the users of the turnpike projects.
"The location of such fuel and other facilities shall be indicated to users of the turnpike projects by appropriate signs, the specifications of which shall be determined by the State Highway Department."
On the adoption of the amendment, the ayes were 6'3, nays 81.
The amendment was lost.

An amendment offered by Mr. Pittard of Clarke wa~ read and lost.

The following amendments were read and adopted:

Messrs. Bentley of Cobb and Mims of Miller move to amend Section 9 of the substitute to HB 29 by inserting after the word "and" and before the word "to" in the second line and the first sentence the following words: "after publicly advertising for bids, upon acceptance of the highest and best bid,"; and by inserting a semicolon for the period at the end of the first sentence, and adding the words: "Provided that no one person, partnership, association, or corporation shall be awarded more than ten contracts for service areas or parts thereof on the entire length of any single turnpike project, and provided further that the authority shall not enter into any contract or agreement with any person, partnership, association, or corporation, allowing the operation of any gas station, garage, store, hotel or restaurant without first receiving bids from at least three separate responsible parties and such bids shall be received on each and every separate establishment."

Messrs. Bentley of Cobb and Twitty of Mitchell move to amend the substitute to HB 29 by adding Paragraph 23 to said bill and to read as follows:
(e) To construct, maintain, repair and operate turnpike projects, and to fix and determine the termini and exact location and details between the termini of turnpike projects; provided, however, any other provisions of this Act to the contrary notwithstanding, and until and unless the General Assembly of Georgia shall otherwise determine the Georgia Turnpike Authority shall have the authority only to locate and construct a turnpike project only between a point in or near the City of Cartersville, Georgia and a point at or near the boundary line between the states of Georgia and Tennessee. Provided further, the location of the termini and the general location between the termini of the Turnpike Project shall be subject to the approval of the Governor and the State Highway Board.
The substitute, as amended, was adopted.

WEDNESDAY, JANUARY 23, 1952

1209

The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Battles Baughman Beasley Bentley Best Birdsong Black Boone Brannen Brazeal Brooks Burkett Byrd Campbell of Oconee Cates Clary Coogle Cornelius Dally
Deason Denton Dews Dorsey Durham Fears Flynt
Gardner Garrard Gary
Gillis Gowen Graham Green of Irwin

Green of Rabun Greene of Crisp
Groover Guthrie Hall of Toombs Harrell Hawkins Henderson Herrin Hollis Hood Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kennedy Key Kidd King
Kitchens Lam Lanier Lavender Leach Lewis of Hancock Lovett McCracken McGarity McWhorter Mangum Matthews Mims Mull Nelson Neville Otwell

Overby Page Parker Ramsey Raulerson Ray Risner Robertson of Coweta Rogers Rowland Russell Sheffield Short Simmons 5ivell Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton
Stephens of Towns Stewart Tamplin Terry Tippens Todd Trapnell Turk Twitty Ursrey Vickers
Walker of Telfair Wheeler White Whitworth Wiggins
Wilkinson Williams of Cobb Willingham Willis

Those voting in the negative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Bell of DeKalb Bell of Richmond

Biggers Boggus
Brantley Britton Burgamy
Callier

Campbell of Walker Carr Clark Claxton Goffin Covington

1210

JOURNAL OF THE HOUSE,

Cranford De en Dicus Duncan Durden Freeman Green of Cherokee
Greer Griffith Hale
Hall of Floyd Harris Holley Hopkins Jessup Kemp Knight Langdale

Lewis of Green Little McKelvey Mackay Murphy
Murr Mu5grove
Newman Nightingale Owens Peacock Perkins Pickard Pittard Register Robertson of Dawson Rollins Scott

Scoggin Smiley Smith of Bryan Stevens of Marion
Sumner Tarpley Tillman Tumlin Vandiver Waldrop Walker of Crawford Warren Weems Wilkes Williams of Houston Wood Wooten Wright

Those not voting were Messrs.: Barrett, Bolton, Clay, Edenfield, Hadden, Harper, Hilton, Johnston, Jones of Bartow, McGee, Mishoe, Pickett, Stocks, Tarbutton, and Mr. Speaker.

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

On the passage of the bill, by substitute, as amended, the ayes were 118, nays 72.

The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Gowen of Glynn asked unanimous consent that the following bill of the House be withdrawn from the Committee on General Agriculture No. 1 and recommitted to the Committee on General Judiciary No. 1:
. HB 671. By Messrs. Gowen of Glynn and Twitty of Mitchell: A bill to be entitled an Act to repeal an Act which provides for the creation of cooperative marketing associations, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on General Agriculture No. 1 and recommitted to the Committee on General Judiciary No. 1.
Mr. Twitty of Mitchell moved that the House do now adjourn until 10 :00 o'clock tomorrow morning.
Leave of absence was granted Mr. Green of Cherokee for Friday.
The Speaker announced the House adjourned until 10 :00 o'clock tomorrow morning.

THURSDAY, JANUARY 24, 1952

1211

Representative Hall, Atlanta, Georgia,

January 24, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chap1ain.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

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

HB 884. By Messrs. Pickett of Pickens and Murr of Sumter:
A Bill to be entitled an Act to provide the Department of Public Safety with the authority to assess fees for its services in providing copies or photostats of accident reports to individuals, firms and corporations, and for other purposes.
Referred to the Committee on State of Republic.

1212

JOURNAL OF THE HOUSE,

HB 885. By Messrs. Ray of Warren, H. Smith of Fulton, Hawkins of Screven,
Johnson of Hall and many others: A Bill td be entitled an Act to amend an Act by providing a new method of signalling a turn of a motor vehicle by the driver, and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 886. By Messrs. Bell of Richmond, Hawkins of Screven and Page of Chatham:
A Bill to be entitled an Act to amend an Act relating to the notarial seal for attestation of deeds, and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 887. By Messrs. Walker of Telfair, Burkett of Coffee and Gowen of Glynn:
A Bill to be entitled an Act to provide for the use and application of the proceeds of the sale of bonds voted, issued and sold by any county or municipality of this State for the purpose of matching State and Federal allocations and contributions and building and equipping hospitals, and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HB 888. By Messrs. Ray of Warren, Smith of Emanuel and Key of Jasper:
A Bill to be entitled an Act to provide for the effect of permission to the debtor to exercise dominion over or use the proceeds of any property conveyed, assigned or mortgaged as security for any debt; and for other purposes.
Referred to the Committee on State of Republic.

HB 889. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act stating Powers and Duties of the State Highway Board, and for other purposes.
Referred to the Committee on State of Republic.

HB 890. By Mr. Brantley of Upson:
A Bill to be entitled an Act to make it unlawful for any person to possess seines, traps, nets, baskets, shocking or electrocuting devices or any similar devices which might be used to unlawfully take fish from the waters of this State, and for other purposes.
Referred to the Committee on Game and Fish.

HB 891. By Mr. M. Smith of Fulton:
A Bill to regulate the sale of used motor vehicles, and for other purposes.
Referred to the Committee on Insurance.

THURSDAY, JANUARY 24, 1952

1213

HB 892. By Mr. Boggus of Ben Hill:
A Bill to be entitled an Act to amend an Act which provides that the governing body of any municipality in which street improvements are contemplated under the provisions of the Chapter of which said Section is a part shall adopt a resolution expressing its determination to proceed with such improvement, and for other purposes.
Referred to the Committee on Highways No. 1.

HB 893. By Mr. Hood of Chatham:
A Bill to be entitled an Act to repeal an Act to impose a penalty upon any person, firm or corporation operating in any municipality of this State taxi-cabs serving the public where a passenger is refused transportation to his place of designation within the corporate limits of such municipality, and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 894. By Messrs. McCracken of Jefferson, Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A Bill to be entitled an Act to provide for the licensing of domestic and foreign insurance companies and fraternal benefit societies desiring to engage in business in Georgia; and for other purposes.
Referred to the Committee on Insurance.
HB 895. By Messrs. Twitty of Mitchell and McGarity of Henry:
A Bill to be entitled an Act to provide that the income tax returns of all men and women serving in the Armed Forces of the United States between January 1, 1950 and the termination of the present emergency known as the Korean War, shall be computed or recomputed so as to allow a deduction from the gross income for any one year of so much of the compensation for such services, and for other purposes.
Referred to the Committee on Ways and Means.
HB 896. By Mr. Green of Cherokee:
A Bill to be entitled an Act to place the Sheriff, the Clerk of the Superior Court, and the Ordinary of Cherokee County on a salary basis, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 897. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act incorporating the Town of Alamo, and for other purposes.
Referred to the Committee on Municipal Government.

HB 898. By Messrs. Covington, Scoggin and Hall of Floyd:
A Bill to be entitled an Act to amend an Act to establish a City Court in the County of Floyd, and for other purposes.

1214

JOURNAL OF THE HOUSE,

Referred to the Committee on Municipal Government.

HB 899. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act incorporating the Town of Glenwood, and for other purposes.
Referred to the Committee on Municipal Government.

HB 900. By Mr. Baughman of Early:
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 Early, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 901. By Mr. Musgrove of Clinch:
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 Clinch, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 902. By Mr. Jordan of Wheeler:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Wheeler, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 903. By Messrs. Pittard and Matthews of Clarke:
A Bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Clarke County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 904. By Mr. Todd of Glascock:
A Bill to be entitled an Act to amend an Act incorporating the Town of Gibson, and for other purposes.
Referred to the Committee on Municipal Government.
HB 905. By Mr. McGarity of Henry:
A Bill to be entitled an Act to provide that, in all counties having a population of not less than 15,400 and not more than 15,900, members of the Board of Commissioners of Roads and Revenues in such counties shall be entitled to expense accounts; and for other purposes. Referred to the Committee on Counties and County Matters.
HB 906. By Mr. Black of Webster:
A Bill to be entitled an Act to amend an Act to create the office of

THURSDAY, JANUARY 24, 1952

1215

County Treasurer for the County of Webster, and for other purposes. Referred to the Committee on Counties and County Matters.

HB 907. By Mr. Page of Chatham:
A Bill to be entitled an Act to amend the charter of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

HB 908. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to amend an Act 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 Committee on State of Republic.

HR 232-908a. By Mr. Adams of Brantley:
A Resolution to reimburse Vinson Lane for damages to automobile, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 233-908b. By Mr. Adams of Brantley:
A Resolution proposing an amendment so as to divide Brantley County into five school districts, and for other purposes.
Referred to the Committee on Amendment to Constitution # 1.

HR 234-908c. By Mr. Musgrove of Clinch:
A Resolution proposing that Post Road No. 298, coimecting State Road No. 38 with State Road No. 37, in the County of Clinch, be designated as the "Matthew H. Hughes Highway"; and for other purposes.
Referred to the Committee on Public Highways #2.

HR 235-908d. By Mr. Tippins of Wilcox:
A Resolution proposing an amendment so as to provide for the election of members of the Board of Education of Wilcox County by the people, and for other purposes.
Referred to the Committee on Amendment to Constitution # 2.

HR 236-908e. By Mr. Jordan of Wheeler:
A Resolution authorizing the sale of a six-room frame house located at the Flowery Branch Nursery property, operated by the Georgia Forestry Commission; and for other purposes.
Referred to the Committee on Public Property.

1216

JOURNAL OF THE HOUSE,

HR 237-908f. By Messrs. Parker of Baldwin, Kidd of Baldwin and Jordan of Wheeler:
A Resolution to transfer from the State Department of Public Welfare 619.5 acres of forest land in the County of Baldwin to the Georgia Forestry Commission to establish a district headquarters and demonstration forest to be observed and studied by the public and to carry out management practices, and for other purposes.
Referred to the Committee on Public Property.

HR 238-908g. By Mr. Jordan of Wheeler:
A Resolution transferring 120 acres in Land Lots 233, 234 and 235, now controlled by the Georgia Department of State Parks, to the Georgia Forestry Commission; and for other purposes.
Referred to the Committee on Public Property.

HR 239-908h. By Messrs. Tarbutton of Washington, and Warren of Washington:
A Resolution proposing that the State Highway Department be directed to pay to Mr. William N. Price the sum of $1300.00 to reimburse him for the damage sustained to his automobile in an accident, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 240-908i. By Messrs. Cornelius and McKelvey of Polk:
A Resolution proposing an amendment so as to provide that the Polk County Board of Education as now constituted shall be abolished, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

Mr. Gardner of Dougherty asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on State of Republic, read the second time and recommitted to the Committee on State of Republic:
SB 226. By Senators Rawls of the lOth, and Dunn of the 8th: A Bill to be entitled an Act to change the name of the Albany Judicial Circuit to the Camilla Judicial Circuit, and for other purposes.
Objection was heard to the unanimous consent request.
Mr. Gardner of Dougherty moved that the bill be withdrawn, read the second time and recommitted.
On the motion, the ayes were 40, nays 64. The motion was lost.

Mr. Lovett of Laurens County, Chairman of the Committee on Appropriations, submitted the following report:

THURSDAY, JANUARY 24, 1952

1217

Mr. Speaker: Your Committee on Appropriations has had under consideration the follow-
ing 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 657. Do Pass.
HR 177-755d. Do Pass.
HB 840. Do Pass, as Amended.
HB 649. Do Not Pass. Respectfully submitted, Lovett of Laurens, Chairman.

Mr. Alverson of Fulton 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 considera-
tion 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 857. Do Pass.
HB 856. Do Pass. HB 851. Do Pass.
HB 859. Do Pass.
HB 854. Do Pass. HB 848. Do Pass.
HB 845. Do Pass. HB 849. Do Pass. SB 258. Do Pass. HB 861. Do Pass. HB 853. Do Pass.
Rt:spectfully submitted, Alverson of Fulton, Chairman.

Mr. Alverson of Fulton County, Chairman of the Committee on Counties and County Matters, submitted the following report:

1218

JOURNAL OF THE HOUSE,

Mr. Speaker: Your Committee on Counties and County Matters has had under considera-
tion 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 876. Do Pass. HB 878. Do Pass. HB 880. Do Pass.
R:spectfully submitted,
Alverson of Fulton,
Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education #1, submitted the following report:
Mr. Speaker: Your Committee on Education #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:
Do Pass. HB 766. Do Pass.
Respectfully submitted, Duncan of Carroll,
Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education #1, submitted the following report:
Mr. Speaker:
Your Committee on Education # 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 609. Do Pass, by Substitute.
Respectfully submitted,
Duncan of Carroll,
Chairman.

Mr. Adams of Evans County, Chairman of the Committee on Education #2 submitted the following report:
Mr. Speaker:

THURSDAY, JANUARY 24, 1952

1219

Your Committee on Education #2 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 174-755A. Do Pass, by Substitute, as Amended.
Respectfully submitted,
Adams of Evans,
Chairman.

Mr. Langdale of Lowndes County, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Sp~aker: Your Committee on Game and Fish 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 777. Do Pass, as Amended. SB 146'. Do Pass as Amended.
Respectfully submitted, Langdale of Lumpkin,
Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General Judiciary # 1, submitted the following report:

Mr. Speaker:

Your Committee on General Judiciary #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 356. Do Not Pass.

HB 624. Do Pass.

HB 625. Do Pass.

HB 663. Do Pass.

HB 665. Do Pass.

HB 666. Do Not Pass.

HB 668. Do Pass.

HB 671. Do Pass.

Respectfully submitted,

Gowen of Glynn,

Chairman.

1220

JOURNAL OF THE HOUSE,

Mr. Gowen of Glynn County, Chairman of the Committee on General Ju-
diciary # 1, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary #1 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 261. Do Pass.
Respectfully submitted,
Gowen of Glynn,
Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General
Judiciary #2, has submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #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 607. Do Pass. HB 626'. Do Pass. HB 664. Do Pass. HB 667. Do Not Pass. HB 669. Do Not Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.

Mr. Lewis of Hancock County, Chairman of the Committee on Legislative and Congressional Re-Apportionment, submitted the following report:
Mr. Speaker: Your Committee on Legislative and Congressional Re-Apportionment 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 834. Do Pass.
Respectfully submitted,
Lewis of Hancock,
Chairman.

THURSDAY, JANUARY 24, 1952

1221

Mr. Gillis of Treutlen County, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker: Your Committee on Motor Vehicles 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 183. Do Not Pass. HB 311. Do Not Pass. HB 547. Do Not Pass. HB 726. Do Not Pass. HB 604. Do Not Pass. HB 326. Do Pass. HB 327. Do Pass. HB 769. Do Pass. HB 843. Do Pass.
Respectfully submitted, Gillis of Treutlen, Chairman.

Mr. Barber of Colquitt 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:
HB 614. Do Pass. HB 615. Do Pass. HB 616. Do Pass. HB 6'17. Do Pass. HB 642. Do Pass. HB 684. Do Pass. HB 686. Do Pass. HB 688. Do Pass. HB 689. Do Pass. HB 733. Do Pass. HB 745. Do Pass.

1222

JOURNAL OF THE HOUSE,

HB 790. Do Pass. HB 793. Do Pass. HB 794. Do Pass. HB 800. Do Pass. HB 846. Do Pass. HB 847. Do Pass. HB 850. Do Pass. HB 858. Do Pass. HB 860. Do Pass. HB 879. Do Pass. HB 881. Do Pass. HB 882. Do Pass. SB 264. Do Pass.

Respectfully submitted, Barber of Colquitt, Chairman.

Mr. Brazeal of Terrell County, Chairman of the Committee on Public Highways #1, submitted the following report:
Mr. Speaker:
Your Committee on Public Highways #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 205-810r. Do Pass. HR 203-810p. Do Pass. HR 206-810s. Do Pass. HR 120-598a. Do Pass.
Respectfully submitted, Brazeal of Terrell, Chairman.

Mr. Smiley of Liberty County, Chairman of ,the Committee on Special Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Special Appropriations has had under consideration the

THURSDAY, JANUARY 24, 1952

1223

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 163-708g. Do Pass. HR 191-810d. Do Pass. HR 157-708a. Do Pass. HR 213-830d. Do Pass. HR 198-810k. Do Pass. HR 231-882e. Do Pass. HR 199-8101. Do Pass. HR 167-708k. Do Pass. HR 197-810j. Do Pass. HR 183-755j. Do Pass. HR 169-708m. Do Pass. HR 170-708n. Do Pass. HB 401. Do Not Pass. HR 65-303e. Do Pass. HR 200-810m. Do Pass, as Amended. HR 127-605a. Do Pass, as Amended. HR 129-605c. Do Pass, as Amended.
Respectfully submitted, Smiley of Liberty, 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 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 6'12. Do Pass. HB 768. Do Pass.
HB 770. Do Pass. HR 146-619a. Do Pass. HR 223-861d. Do Pass. HR 224-861e. Do Pass.

1224

JOURNAL OF THE HOUSE,

HR 225-861f. Do Pass. SB 225. Do Pass.

Respectfully submitted, McCracken of Jefferson. Chairman.

Mr. Ray of Warren 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 863. Do Pass, as Amended.
HB 762. Do Pass.
Respectfully submitted, Roy of Warren,
Chairman.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
bills and resolutions of the Senate and House to wit:
SB 221. By Senators Rawls of the lOth, and Williams of the 19th:
A Bill to authorize all eligible officers and employees of the Supreme Court, other than the Justices thereof, to become members of the Employees Retirement System of Georgia; to authorize the payment of contributions under said System; and for other purposes.
SB 222. By Senator Rawls of the lOth:
A Bill to require each County Welfare Board to keep a file or roll book giving the name and address of each beneficiary of Old Age Assistance, aid to Blind and dependent children; to prohibit commercial or political use of such records; to provide penalties for violations; and for other purposes.
SB 223. By Senator Rawls of the lOth:
A bill to amend an Act known as "Aid to Dependent Children Act" by repealing in its entirety the amending act approved February 21, 1951 (Ga. Laws 1951, pp. 692-693) an enact in lieu thereof a provision that

THURSDAY, JANUARY 24, 1952

1225

the applicant for benefits for an illegitimate or bastard child shall give under oath, the full name and last known address of the father of such child; and for other purposes.

SB 227. By Senator Holloway of the 13th:
A Bill to provide for the holding of terms of the Superior Court in Schley County on the 2nd Mondays in February and August of each year; and for other purposes.

SB 229. By Senator Hughes of the 32nd:
A bill to provide that Paragraph 7A of Section 40-601 of the Code of 1933 as amended by the Act of the General Assembly approved February 1, 1946, appearing in the Acts of 1946, page 76, be repealed in its entirety.

SB 244. By Senator Millican of the 52nd:
A Bill to provide that judges of the Superior Courts in counties of more than 300,000 may extend the terms of Grand jurors in such county; and for other purposes.

SB 249. By Senator Williams of the 49th:
A Bill to amend Section 32-903 of the Code of Georgia to provide that all counties in which any Militia District has a population in excess of one-fifth of the total population of such county, the grand juries shall select two members of the Board of Education from such Militia District; and for other purposes.

SB 251. By Senators Stephens of the 50th and Ellard of the 31st:
A Bill to amend the income tax laws; to provide an additional exemption of $600.00 for resident individuals 6'5 years old and older; to provide an additional exemption of $600.00 for blind taxpayers; to provide non profit agricultural associations operated under the Cooperative Marketing Act of 1921 be exempt from taxation; to provide for deduction of medical care for tax payers over 65; and for other purposes.
SB 263. By Senator Mallory of the 25th:
A Bill to authorize county and city boards of education to purchase educational information, literature and services; and for other purposes.

SB 276. By Senators Rawls of the lOth, Connell of the 6th, Carlisle of the 7th, and Millican of the 52nd:
A Bill to amend the teachers Retirement System by providing that membership of any teacher shall not be terminated during any period of absence made necessary by the adoption of children by said teacher and for other purposes.
SB 282. By Senators Connell of the 6th, Rawls of the lOth, Carlisle of the 7th, and Willingham of the 39th:

1226

JOURNAL OF THE HOUSE,

A Bill to provide for retirement benefits for Clerks of the Superior Courts of Georgia; to provide for a retirement fund; to provide a Board of Commissioners of such fund; to provide for payments into said fund; and for other purposes.

SR 80.

By Senator Dunn of the 8th:
A resolution authorizing the Director of the Department of State Parks to negotiate with the federal government for leasing of property in the area of the Jim Woodruff Reservoir Basin for the development of a State Park.

SR 83. By Senator Williangham of the 39th:
A resolution proposing an amendment to Article XI, Section I, of the Constitution so as to provide for sewage districts for the County of Cobb and for other purposes.

SR 84. By Senator Trotter of the 37th:
A Resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution to provide for the division of Troup County into school districts; to provide for the election of the County Board of Education from such school districts; to provide for the appointment by the County Board of Education of a Superintendent of the County School System and for other purposes.

SR 85.

By Senator Millican of the 52nd:
A Resolution proposing an amendment to Article XI, Section II, Paragraph I, to provide the method of selecting a Tax Commission of Fulton County; to provide for a chief deputy to such office and for other purposes.

HB 47.

By Messrs. Overby of Hall, Lewis of Hancock, Smith of Emanuel, and others:
A Bill to amend an Act approved March 25, 1947, which Act equalized the salaries of certain State officials and provided for the salary and subsistence of the members of the State Pardon and Parole Board, so as to change the subsistence of the members of said Board; and for other purposes.

HB 677. By Messrs. Hand and Twitty of Mitchell, and others:
A Bill to amend an Act creating the Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322) so as to provide that the Warden of the Georgia State Prison at Reidsville, Ga., shall be assigned a passenger motor vehicle for his use on official business; and for other purposes.
HR 102. By Mr. Lewis of Hancock:
A Resolution requesting the State Librarian to furnish law books to the Clerk of the Superior Court of Hancock County; and for other purposes.

THURSDAY, JANUARY 24, 1952

1227

HR 105. By Messrs. Carr and Britton of Whitfield:
A Resolution that the State Librarian be authorized and directed to furnish to the Clerk of the Superior Court of Whitfield County, Georgia, certain volumes of the "Georgia Reports" for the use of the officers of the Superior Court of Whitfield County, Georgia.

HR 128. By Mr. Hall of Toombs:
A resolution to authorize the Librarian of the State of Georgia to replace certain lost or destroyed law books for the County of Toombs.

Mr. Speaker:
The Senate requests the return of the following Bill of the Senate as Bill is pending in the Senate for further consideration and was transmitted to the House through error:

SB 145. By Senator Edenfield of the 2nd:
A Bill to amend Code Section 45-301 of the Code of Georgia enumerating game birds and animals, by adding certain other birds and animals as game birds and animals, and for other purposes.

By unanimous consent, the following Bills and Resolutions of the House and Senate, favorably reported, were read the second time:
HB 614. By Messrs. Matthews and Pittard of Clarke: A Bill to be entitled an Act to change the hours of voting in the municipal elections in Athens, and for other purposes.
HB 615. By Messrs. Matthews and Pittard of Clarke: A bill to be entitled an Act creating a Board of Tax Appeals and a Tax Assessor for the City of Athens, and for other purposes.
HB 616. By Messrs. Matthews and Pittard of Clarke: A bill to be entitled an Act to alter a method of election of the City Recorder of Athens, and for other purposes.
HB 617. By Messrs. Pittard and Matthews of Clarke: A bill to be entitled an Act to alter the method of electing the City Attorney of Athens, and for other purposes.
HB 642. By Messrs. Burgamy, and Murr of Sumter: A bill to be entitled an Act to amend an Act to provide for the collection of an ad valorem tax by the Mayor and City Council of Americus, and for other purposes.
HB 6'84. By Mr. McCracken of Jefferson:

1228

JOURNAL OF THE HOUSE,
A bill to be entitled an Act to amend the charter of the City of Wadley so as to change the amount of ad valorem tax, and for other purposes.

HB 686. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act so as to provide for a permanent registration of voters in the Town of Bartow, and for other purposes.

HB 688. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend the charter of the City of Louisville so as to change the amount of ad valorem tax, and for other purposes.

HB 689. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend the charter of the City of Wrens so as to change the amount of ad valorem tax, and for other purposes.

HB 733. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to provide that when the Clerk of the Superior Court of Laurens County acts as ex-officio Clerk of the City Court of Dublin he shall receive no additional compensation, and for other purposes.

HB 745. By Mr. Claxton of Camden:
A bill to be entitled an Act to amend the charter of the City of St. Marys so as to change the hours for holding elections, and for other purposes.
HB 790. By Messrs. Vandiver, Clay and Wood of Bibb:
A bill to be entitled an Act to amend an Act so as to vest title to certain property in the City of Macon, being a part of Broadway, and for other purposes.
HB 793. By Messrs. Scott and Willis of Thomas:
A bill to be entitled an Act to amend an Act so as to change the corporate name of the Town of Coolidge to the City of Coolidge, and for other purposes.
HB 794. By Mr. Jolly of Franklin:
A bill to be entitled an Act to amend an Act so as to change the salaries of the Mayor and Councilmen of the City of Lavonia, and for other purposes.
HB 800. By Messrs. Vandiver, Clay, and Wood of Bibb:
A bill to be entitled an Act to amend an Act so as to provide for the payment of certain sums by the Board of Water Commissioners into

THURSDAY, JANUARY 24, 1952

1229

the treasury of the City of Macon, and for other purposes.

HB 845. By Mr. Terry of Murray:
A bill to be entitled an Act to amend an Act so as to provide for an increase in the salary of the Commissioner of Roads and Revenues of Murray County, and for other purposes.

HB 846. By Mr. Kemp of Clayton:
A bill to be entitled an Act to amend an Act so as to extend and redefine the corporate limits of the City of Jonesboro and for other purposes.

HB 847. By Mr. Kemp of Clayton:

A bill to be entitled an Act to amend an act so as to change the corpo-

rate name of the Town of Forest Park to the City of Forest Park, and

for other purposes.

-

HB 848. By Messrs. Abney of Walker, Matthews of Clarke, and others:
A bill to be entitled an Act to amend Section 21-105 of the Code of Georgia, so as to provide that the coroner in certain counties shall be paid a salary of $600.00 per year, and for other purposes.

HB 849. By Mr. Whitworth of Madison:
A bill to be entitled an Act to amend an Act so as to change the salaries of the Commissioner of Roads and Revenues of Madison County and his clerk, and for other purposes.

HB 850. By Mr. Sumner of Worth:
A bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Sylvester, and for other purposes.

HB 851. By Mr. McGarity of Henry:
A bill to be entitled an Act to amend an Act so as to change the population figures therein, and for other purposes.

HB 853. By Mr. Green of Irwin:
A bill to be entitled an Act to amend an Act so as to change the salary of the chairman of the Board of Commissioners of Irwin County, and for other purposes.

HB 854. By Mr. Greer of Lanier:
A bill to be entitled an Act to provide for supplementing the compensation of the Ordinary of Lanier County, and for other purposes.

HB 856. By Messrs. Bell, Mackay, and McWhorter of DeKalb: A bill to be entitled an Act to amend Sections 24-2823 and 77-103 of

1280

JOURNAL OF THE HOUSE,
the Code of Georgia of 1933 so as to provide that in certain counties the Commissioner of Roads and Revenues shall pay the actual cost of feeding prisoners in lieu of paying fees to the sheriff, and for other purposes.

HB 857. By Messrs. Bell, Mackay ,and McWhorter of DeKalb:
A bill to be entitled an Act to amend an Act so as to provide that the Judge of the Civil Court of DeKalb County may preside in the city court of Decatur, and for other purposes.

HB 858. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to amend an Act so as to empower the Town of Martin to operate natural gas distribution systems, and for other purposes.

HB 859. By Messrs. Bell, Mackay, and McWhorter of DeKalb:
A bill to be entitled an Act to require jury commissioners in certain counties to place all tickets containing the names of traverse jurors in one box for the use of Superior Courts, and for other purposes.

HB 860. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to amend an Act so as to empower the City of Toccoa to operate a gas distribution system, and for other purposes.

HB 861. By Messrs. Bell, Mackay, and McWhorter of DeKalb:
A bill to be entitled an Act to amend an Act so as to change the salary of the Judge and Solicitor of the City Court of Decatur, and for other purposes.
HB 876. By Mr. Waldrop of Douglas:
A bill to be entitled an Act to repeal an Act creating a nine-member Board of Commissioners of Roads and Revenues of Douglas County, and for other purposes.
HB 878. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to abolish the office of County Treasurer of Laurens County, and for other purposes.

HB 879. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to change the status of the third and fourth wards in the City of Dublin, and for other purposes.
HB 880. By Mr. Ramsey of Effingham:
A bill to be entitied an Act to amend an Act so as to change the salary of the County Treasurer of Effingham County, and for other purposes.

THURSDAY~ JANUARY 24, 1952

1231

HB 881. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to change the eligibility and oath of voters, and for other purposes.

HB 882. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an. Act to amend an Act so as to provide for election of certain officers of the City of Dublin for terms of one year each, and for other purposes.

HR 120-598a. By Messrs. Covington of Floyd, Weems of Chattooga, and others:
A resolution requesting that part of U. S, Highway No. 27, which is located in Georgia, be designated as the "Martha Berry Highway", and for other purposes.

HR 203-810p. By Mr. Boone of Wilkinson:
A resolution proposing that the road laid from the Health Center in the City of Irwinton to Wriley l>e designate!! as the "Jack Brown Road", and for other purposes.

HR 205-810r. By Mr. Boone of Wilkinson:
A resolution proposing that the new bridge across Commissioner Creek be designated as the "Boone Bridge", and for other purposes.

HR 206-810s. By Mr. Boone of Wilkinson:
A resolution proposing. that the new bridge over Turkey Creek be designated as the "Brack Bridge", and for other purposes.

HR 223-861d. By Messrs. Bell, Graham, and Holley of Richmond:
A resolution requesting the state librarian t~ furnish certain law books to Richmond County, and for other purposes.

SB 264. By Senator Farrar of the 42nd:
A bfll :to be entitled an Act to amend an Act so as to change the ti~e
for holding general and special elections in the City of Summerville, and for other purposes..

SB 258. By Senator Farrar of the 42nd:
A bill to be entitled an Act to repeal an Act providing for a: second
primary in certain counties, and for other purposes.

HR 65-303e. By Messrs. Short of Colquitt, Duncan of Carroll, and Langdale of Lowndes:
A resolution requesting compensation for damages to the automobile of C. B. Wilson, and for other purposes.

HB 326. By Messrs. Greer of Lanier, Tarpley of Union, and others:

1232

JOURNAL OF THE HOUSE,

A bill to be entitled an Act to provide for the installation of head and rear lights on track motor cars, and for other purposes.

HB 327. By Messrs. Greer of Lanier, Tarpley of Union, and others:
A bill to be entitled an Act to provide for the installation of windshields and tops on track cars, and for other purposes.

HR 127-6'05a. By Mr. Adams of Upson:
A resolution requesting compensation for damages to Mrs. Julia C. Palmer, and for other purposes.

HR 129-605c. By Mr. Adams of Upson:
A resolution requesting compensation for injuries to George W. LaFray, and for other purposes.

HB 607. By Messrs. Gardner of Dougherty and Twitty of Mitchell:
A bill to be entitled an Act to provide that persons acquitted on the grounds of insanity shall be remanded to the Milledgeville State Hospital, and for other purposes.

HB 609. By Mr. Murr of Sumter:
A bill to be entitled an Act to repeal Section 84-1016 of the Code of Georgia relating to practical nurses, and for other purposes.

HB 612. By Messrs. Gardner of Dougherty and Twitty of Mitchell:
A bill to be entitled an Act to govern the practice of architecture in Georgia, and for other purposes.

HR 146-619a. By Mr. McWhorter of DeKalb:
A resolution requesting compensation of certain newspapers for advertising proposed constitutional amendments, and for other purposes.

HB 624. By Messrs. Lewis of Hancock, Jackson of Jones, and Best of Clay:
A bill to be entitled an Act to provide that in all criminal trials in this State, the accused, if he elects to do so, may be sworn as any other witness, and for other purposes.

HB 625. By Mr. Gowen of Glynn:
A bill to be entilted an Act to amend Section 9-105 of the Code so as to provide for a Board of Bar Examiners of five instead of three, and for other purposes.

HB 626. By Mr. Gowen of Glynn:
A bill to be entitled an Act to repeal Section 9-110 of the code, to enact a new statute providing the scope of the examination to be given applicants for admission to the bar, and for other purposes.

THURSDAY, JANUARY 24, 1952

1233

HB 657. By Mr. Green of Rabun:
A bill to be entitled an Act to amend an Act so as to authorize the expenditure of funds for the development of Black Rock Mountain State Park, and for other purposes.

HB 663. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act relating to the preemptive rights of shareholders, and for other purposes.

HB 664. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to repeal an Act relating to limited partnerships, and for other purposes.

HB 6'65. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to provide for the admissibility in evidence of certain writings and records made in the regular course of business, and for other purposes.

HB 668. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act relating to period of limitation upon assessment and collection of income taxes, and for other purposes.

HB 671. By Messrs. Gowen of Glynn and Twitty of Mitchell: A bill to be entitled an Act to repeal Title 65, Sections 101 to 111 of the 1933 Code of Georgia creating cooperative marketing associations for profit, and for other purposes.
HR 157-708a. By Mr. Scott of Thomas: A resolution requesting compensation for damages to Wayman Dekle, and for other purposes.
HR 163-708g. By Messrs. Murr of Sumter, and others: A resolution requesting compensation for injuries to J. W. Southland, and for other purposes.
HR 167-708k. By Mr. Wiggins of Stephens: A resolution requesting compensation for damages to Mrs. E. H. Kelley, and for other purposes.
HR 169-708m. By Mr. Dicus of Muscogee: A resolution requesting compensation for injuries to Jearldyne Garrett, and for other purposs.
HR 170-708n. By Mr. Dicus of Muscogee:

1234

JOURNAL OF THE HOUSE,
A resolution requesting compensation for damages to Rachael Kravtin, and for other purposes.

HR 174-755a. By Messrs. Hand of Mitchell and Smith of Emanuel:
A resolution proposing to the qualified voters of Georgia an amendment to the Constitution so as to provide for a State Board of Education composed of .one member from each congressional district, and for other purposes.

HR 177-755d. By Messrs. Freeman of Mqnroe, Twitty of Mitchell, and Smith of Emanuel:
A resolution authorizing the placing of a marble bust of Alexander H. Stephens in the State Hall of Fame of Virginia, and for other purposes.

HR 183-755j. By Me&srs. Page and McGee of Chatham:
A resolution requesting compensation for damages to Harold H. Smoak, and for other purposes.

HB 762. By Messrs. Hand of Mitchell, Ray of Warren, arid others:
A bill to be entitled an Act to amend the Income Tax Act so as to provide for the non-recognition of certain gains on certain corporate liquidations.

HB 766. By Messrs. Smiley of Liberty, Kidd of Baldwin, and others:
A bill to be entitled an Act to amend an Act so as to provide for a new method for determining compensation for members of the county boards of education, and for other purposes.

HB 768. By Messrs. Key of Jasper and Ray of Warren: A bill to be entitled an Act to amend an Act so as to provide for an
increase or decrease in the area of operation of a regional housing
authority, and for other purposes.

HB 769. By Mr. McCracken of Jefferson:

A bill to be entitled an act to amend an act requiring vehicles to stop

while school buses are loading or unloading school children, and for

other purposes.





HB 770. By Messrs. Aycock of Jenkins and Neville of Bulloch:
A bill to be entitled an Act to amend an Act relating to absentee voting, and for other purposes.

HB 777. By Mr. Kidd of Baldwin:

A bill to be entitled an Act to regulate boxing, sparring and wrestling

exhibitions in Georgia, and for other purposes.



THURSDAY, JANUARY 24, 1952

1235

HR 191-810d. By Mr. Kitchens of Twiggs:
A resolution requesting compensation for damages to Mrs. W. J. Gallemore and Judge J. R. Wimberly, and for other purposes.

HR 197-810j. By Messrs. Page and McGee of Chatham:
A resolution requesting compensation for damages to Empire Radio and Specialty Company, Inc., and for other purposes.

HR 198-810k. By Messrs. Williams and Bentley of Cobb:
A resolution requesting compensation for damages to George A. Cabe, and for other purposes.

HR 199-8101. By Mr. Baughman of Early:
A resolution requesting compensation for damages to Bennie Sims, and for other purposes.

HR 200-810m. By Mr. Adams of Upson:
A resolution requesting compensation for damages to Mrs. S. T. Willis, and for other purposes.

HR 213-830d. By Mr. Aycock of Jenkins:
A resolution requesting compensation for damages to Mr. H. G. Sherrod, and for other purposes.

HB 834. By Messrs. Rollins of Meriwether, Kemp of Clayton, and others:
A bill to be entitled an Act to amend Section 47-101 of the Code of Georgia of 1933 so as to re-apportion the Members of the House of Representatives, and for other purposes.

HB 840. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act by appropriating $250,000.00 to the Georgia Historical Commission, and for other purposes.
HB 843. By Messrs. Wood of Bibb, Williams of Houston, and others: A bill to be entitled an Act to provide that it shall be unlawful for vehicles loaded with logs to operate without a minimum of two chains around their cargo, and for other purposes.
HR 224-861e. By Messrs. Bell, Holley, and Graham of Richmond: A resolution requesting compensation for damages to Wellington C. Cain, and for other purposes.

HR 225-861f. By Messrs. Bell, Holley, and Graham of Richmond:
A resolution requesting compensation for damages to Henry Mack, and for other purposes.

1236

JOURNAL OF THE HOUSE,

l-IB 863. By Messrs. Hand and Twitty of Mitchell, and others:
A bill to be entitled an Act to provide for levying an income tax on net income, and for other purposes.

HR 231-882e. By Mr. Leach of Rockdale:
A resolution requesting compensation for damages to Claude G. Bennett, and for other purposes.

SB 11. By Senators Rawls of the lOth, Pittman of the 53rd, and others:
A bill to be entitled an Act to amend an Act so as to provide that persons who were registered in 1948 and 1950 shall not be required to re-register, and for other purposes.

SB 146. By Senator Edenfield of the 2nd:
A bill to be entitled an Act to amend Section 45-249 of the Georgia Code Supplement so as to provide that no license, fishing or hunting, shall be issued except on the oral or written application of the person seeking the license, and for other purposes.

SB 26'1. By Senator Hawes of the 30th:
A bill to be entitled an Act to amend Section 83-201 of the 1933 Code of Georgia relating to the manner of obtaining rights of way for persons or corporations engaged in mining, and for other purposes.

By unanimous consent, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
HB 826. By Messrs. Covington, Scoggin, and Hall of Floyd:
A bill to be entitled an Act to amend Section 21-105 of the Code of Georgia so as to increase coroner's fees in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 690. By Messrs. Bentley and Williams of Cobb:
A bill to be entitled an Act to amend an Act so as to provide for the amount of compensation for the mayor and councilmen of the City of Austell, and for other purposes. The report 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.

THURSDAY, JANUARY 24, 1952

1237

HB 739. By Messrs. Page and McGee of Chatham:
A bill to be entitled an Act to amend the Charter of the Town of Garden City by changing the time for voting in municipal elections, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 844. By Mr. Boggus of Ben Hill:
A bill to be entitled an Act to amend an Act establishing a new charter for 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 852. By Messrs. Graham, Bell, and Holley of Richmond:
A bill to be entitled an Act to authorize the commissioners of roads and revenues in certain counties to make and prescribe building codes, flnd for other purposes.
The report 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 855. By Mr. Smiley of Liberty:
A bill to be entitled an Act to create a new charter for the City of Hinesville in Liberty County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 181-755h. By Mr. Pickett of Pickens:
A resolution proposing that the State Librarian furnish certain law books to Pickens 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 109, nays 0. The resolution, having received the requisite constitutional majority, was adopted.

1238

JOURNAL OF THE HOUSE,

HR 193-SlOf. By Mr. Stewart of Habersham:
A resolution proposing that the State Librarian furnish certain law books to Habersham County, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 110, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 216-830g. By Messrs. Williams of Houston and Vandiver of Bibb:
A resolution proposing that the 5tate Librarian furnish certain law books to Houston 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 111, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 254. By Senator Coleman of the 18th:
A bill to be entitled an Act to authorize Richmond County and the city council of Augusta to regulate the public health through' the Richmond County Department 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 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bills and resolutions of the Senate were read the first time and refeiTed to the committees:
SB 221. By Senators Rawls of the lOth and Williams of the 19th:
A Bill to be entitled an Act to authorize all eligible officers and employees of the Supreme Court, other than the Justices thereof, to become members of the Employees Retirement System of Georgia, and for other purposes.
Referred to the Committee on General Judiciary No. 1.
SB 222. By Senator Rawls of the lOth:
A Bill to be entitled an Act to require each County Welfare Board to keep a file or roll book giving the name and address of each beneficiary of Old Age Assistance, Aid to Blind and Dependent Children, and for other purposes.
Referred to the Committee on 5tate of Republic.

THURSDAY, JANUARY 24, 1952

1239

SB 223. By Senator Rawls of the lOth:
A Bill to be entitled an Act to amend an Act known as "Aid to Dependent Children Act," and for other purposes.
Referred to the Committee on General Judiciary No. 1.

SB 227. By Senator Holloway of the 13th:
A Bill to be entitied an Act to provide for the holding of terms of the Superior Court in Schley Counuty, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 229. By Senator Hughes of the 32nd:
A Bill to be entitled an Act to repeal an Act relating to general elections for President, and delegates to National Convention, and for other purposes.
Referred to the Committee on State of Republic.

SB 244. By Senator Millican of the 52nd:
A Bill to be entitled an Act authorizing Judges of the Superior Courts in counties having a population of more than 300,000, to extend the terms of Grand Jurors in such counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 249. By Senator Williams of the 49th:
A Bill to be entitled an Act to amend an Act to provide that all counties in excess of one-fifth of the total population of such county, the grand juries shall select two members of the Board of Education from such Militia District, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 263. By Senator Mallory of the 25th:
A Bill to be entitled an Act to authorize county and city boards of Education to purchase educational information, literature and services; and for other purposes.
Referred to the Committee on Education No. 1.

SB 276. By Senator Rawls of the lOth, Connell of the 6th, Carlisle of the 7th and Millican of the 52nd:
A Bill to be entitled an Act to amend an Act relating to membership in the Teachers' Retirement System, and for other purposes.
SB 282. By Senators Connell of the 6th, Rawls of the lOth, Carlisle of the 7th and Willingham of the 39th:
A Bill to be entitled an Act to provide for retirement benefits for the Clerks of the Superior Courts of Georgia, and for other purposes.
Referred to the Committee on General Judiciary No. 2.

1240

JOURNAL OF THE HOUSE,

SR 80. By Senator Dunn of the 8th:
A Resolution proposing that upon completion of arrangements with the Federal Government, the Director of the Department of State Parks is hereby authorized to develop upon the lands acquired by such lease a State Park for the use and enjoyment of the citizens of this State; and for other purposes.
Referred to the Committee on Public Property.

SR 84. By Senator Trotter of the 37th:
A Resolution proposing an amendment so as to provide for the division of Troup County into School Districts, and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

SR 85. By Senator Millican of the 52nd:
A Resolution proposing an amendment to provide the method of selection of the Tax Commissioner of Fulton County, and for other purposes.
Referred to the Co~mittee on Counties and County Matters.

SR 83. By Senator Willingham of the 39th:
A Resolution proposing an amendment so as to provide for sewage districts for the County of Cobb, and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
bill of the Senate to wit:
SB 251. By Senators Stephens of the 50th and Ellard of the 31st:
A bill to amend Chapter 92-3105, Chapter 31-3106 and Chapter 92-3109 of the Annotated Supplement of the 1933 Code of Georgia, constituting the Income Tax Act of 1931; and for other purposes.

Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
HB 779. By Messrs. Beasley of Mcintosh, Smiley of Liberty, and others: A bill to be entitled an Act to prohibit the killing of mink or otter by any kind of firearm, and for other purposes.
The report 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.

THURSDAY, JANUARY 24, 1952

1241

The bill, having received the requisite constitutional majority, was passed.

HB 781. By Mr. Beasley of Mcintosh:
A bill to be entitled an Act to regulate the use of nets for a certain period in dragging for shrimp in Georgia waters, and for other purposes.

The following substitute to HB 781 was read:

By Mr. Beasley of Mcintosh:
A bill to be entitled an Act to regulate the use of nets for a certain period in dragging for shrimp in Georgia waters; to provide for penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. It is hereby unlawful in this State to drag a net larger than ten feet in diameter at the widest part of its mouth for the purpose of taking shrimp in the sounds, rivers, or within the three mile limit of Georgia between January 1st and March 15th inclusive.
Section 2. Any person violating the provisions herein provided shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $250.00 and all costs in each case, nor more than $1,000.00 and all costs in each case, or shall be sentenced to serve upon the public works of the county in which convicted for not less than 30 days nor more than 90 days.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
By unanimous consent, the Clerk was directed to make certain corrections in the caption of the substitute to HB 781.

The following amendment to substitute to HB 781 was read and adopted:

Dr. Smith of Bryan moves to amend the substitute to HB 781 as follows:
By adding a new section to be numbered Section 4 and to read:
"Section 3. Provided, however, that the provisions of this Act shall not prevent the State Game and Fish Commission from making and promulgating reasonable rules and regulations, regulating the taking of shrimp in the sounds, rivers, or within the three mile limit of Georgia, during the period of time between March 16 and December 31, inclusive."
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

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JOURNAL OF THE HOUSE,

HB 509. By Messrs. Hollis of Muscogee, Ray of Warren, and others:
A bill to be entitled an Act to provide a uniform system for the registration of marriages, divorces, and annullments of marriage, and for other purposes.
The report 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 5.
The bill, having received the requisite constitutional majority, was passed.

HB 789. By Messrs. Hand of Mitchell, Smith of Emanuel, and others:
A bill to be entitled an Act to amend an Act so as to increase the maximum amount of bonds authorized to be outstanding at any one time to forty million dollars under the University System Building Authority Act, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 6.
The bill, having received the requisite constitutional majority, was passed.

HB 761. By Messrs. Lavender of Elbert, Matthews of Clarke, and others:
A bill to be entitled an Act to provide for reciprocal fishing licenses between the State of Georgia and adjoining states for fishing in certain lakes, and for other purposes.

The following amendment to HB 761 was read and adopted:

Mr. Best of Clay moves to amend HB 761 as follows:
Add a new section to be numbered Section 2 of the bill and said section to read as follows:
Section 2. The Director of the Game and Fish Commission of Georgia is hereby authorized and empowered to make and enter into agreements, from time to time, with the proper authorities of the states of Alabama, Florida, South Carolina, North Carolina and Tennessee whereby a citizen of the State of Georgia who owns farm lands in the said adjoining states may purchase a resident hunting license in the state in which his land is situated which will permit said Georgia citizen to hunt on his own land in the adjoining state without purchasing an out-of-state hunting license. The Georgia Game and Fish Commissioner is hereby authorized and empowered to reciprocate this courtesy and issue a resident hunting license in Georgia to citizens of said adjoining states who own farm lands in Georgia permitting such citizens to hunt on their own land in Georgia without purchasing an out-of-state hunting license.
Change the number of the present Section 2 of the bill to read Section 3 and the present Section 3 of the bill to read Section 4.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.

THURSDAY, JANUARY 24, 1952

1243

On the passage of the bill, as amended, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 76'4. By Messrs. Campbell of Oconee, Tamplin of Morgan, and others:
A bill to be entitled an Act to amend an Act so as to regulate the distribution and sale of milk, and for other purposes.

The following committee amendments to HB 764 were read and adopted:

The committee moves to amend HB 764 as follows:
By striking Section 7 of said bill and inserting in lieu thereof the following:
"Section 7. By deleting from the second sentence of Section 3 thereof, as amended, the words, 'to serve for a term of six years ending on the 31st day of January, 1955,' and substituting in lieu thereof the words, 'to serve at the pleasure of the Governor'; and by deleting the eleventh sentence of Section 3 thereof, as amended, reading, 'Successors to all members of the Board whose terms expire thereafter shall be appointed for terms of six years each', and substituting in lieu thereof, a sentence as follows: 'Successors to members of the Board serving for terms expiring subsequent to the first day of January, 1952, shall be appointed for terms of four years each and any person .who shall have served for two consecutive terms as a member of the Board shall not be eligible for appointment as such a successor for four years after the expiration of his second consecutive term'."
The committee moves to amend HB 764 as follows:
By striking in Section 11 of said bill, from Section 19, Paragraph (d), sub-paragraph (ii), of said section the entire sub-paragraph (ii) and substivuting therefor the following sub-paragraph to be known as paragraph (ii) '
"(ii) To promote a proper balance between supply and demand, each such order shall provide that the price applicable to the purchase of milk by producer-distributors and distributors from producers shall be on a base-excess plan as follows: For each milk shed, there shall be established a base period of not less than four consecutive calendar months during which the board shall consider the supply of milk most nearly to approach the demand for fluid consumption. The beginning date of such base period for any milk shed shall not be modified except after notice in writing thereof mailed to each licensed producer, licensed producer-distributor, and licensed distributor in such milk shed at least six month8 prior to the different beginning date the Board intends to establish. Each such order shall establish a price applicable to base milk and a lower price applicable to excess milk. 'Base milk' shall be that quantity of milk delivered by any producer into a milk shed and there accepted by one or more producer-distributors or distributors during an established base period. The average daily amount of milk a producer delivers during the base period shall be determined by dividing the total number of pounds of milk delivered during the base period by the total number of days in the base period, regardless of the number of days the producer actually made deliveries. The producer shall be paid each pay period, prior to the beginning of the next base period, the price for that amount of milk delivered not in excess of the amount or number of pounds calculated by mul-

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JOURNAL OF THE HOUSE,

tiplying the average number of pounds delivered per day in the base period by the number of days in the day period involved, which has been agreed upon by contract or by order of the Board. 'Excess milk' shall be that quantity of milk delivered between the base periods which is more than the average number of pounds of milk delivered per day during the base period multiplied by the number of days in the pay period involved.

The committee moves to amend HB 764 as follows:

By adding a new section, appropriately numbered, to be inserted before the last paragraph of this bill, which new section shall be as follows:
Nothing in this Act shall be construed to affect in any way or manner the authority now vested in the Commissioner of Agriculture under the laws of Georgia relating to milk or dairy products.
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 119, nays 10.
The bill, having received the requisite constitutional majority, was passed, as amended.

The following special committee report was read:

To the members of the General Assembly:
The General Assembly of Georgia is being flooded with numerous and sundry bills pushed by the various officials of the State seeking raises in compensation.
The Department heads and some of their employees are consuming considerable amount of their time and the valuable time of the members of the General Assembly in urging the passage of these bills.
We, the Special Committee, do here and now call on and urge that the members of the General Assembly not consider the passage of a single one of these individual bills and if any of the bills have been voted on by one branch of the General Assembly, we urge the other branch not to vote favorably on the bills.
It is fully recognized that there has been a change in the economic conditions of the country in the last eight or nine years, therefore, we recommend and urge that the members of the General Assembly concur with us by their favorable vote on a general bill which will adjust the compensation of the officials of the State based strictly on increases required over the last eight to ten year period to meet the change in economic conditions.
The bill recommended will adjust compensation of public officials only in an amount that will allow them compensation with purchasing power a little less than they had on January 1, 1943. This change which is recommended is approximately in line with the changes that have taken place in other lines of business, banking, mercantile, insurance, newspapers, etc.
A check of all the salaries of employees not fixed by law but

THURSDAY, JANUARY 24, 1952

1245

which are adjusted to meet the economic trend indicates that the compensation of this group has already been adjusted upward by an amount that is in keeping with the change in economic conditions.
Public officials are not entitled to any more consideration than the same proportionate adjustment in compensation that is enjoyed by private citizens through their increased earning power in recent years, unless their duties have been greatly increased.
Fred D. Bentley, Rep. Cobb County,
John W. Greer, Rep. Lanier County,
Frank S. Twitty, Rep. Mitchell County,
Special Committee of House on Compensation.
January 23, 1952.

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

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

1246

JOURNAL OF THE HOUSE, Representative Hall, Atlanta, Georgia, January 25, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.
By unanimous consent, the call of the roll was dispensed with.
Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.

The journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested loeal bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:
HB 909. By Mr. Tillman of Appling: A bill to be entitled an Act to amend an Act relating to hunting or fishing on posted lands, and for other purposes.
Referred to the Committee on Game and Fish.
HB 910. By Messrs. Murphy of Haralson, Cornelius of Polk, Denton of Paulding and Waldrop of Douglas: A bill to be entitled an Act to amend an Act to provide for the creation of the Office of Solicitor General, emeritus, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 911. By Mr. Johnson of Hall:

FRIDAY, JANUARY 25, 1952

1247

A bill to be entitled an Act to amend the Building Loan Act, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 912. By Mr. Gowen of Glynn:
A bill to be entitled an Act to establish the conditions and procedure under which foreign corporations that have heretofore assumed the Status of Domesticated foreign corporations may surrender such powers, privileges and immunities, and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 913. By Messrs. Abney and Campbell of Walker:
A bill to be entitled an Act to amend an Act requiring the payment by non-residents of an annual fishing license, and for other purposes.
Referred to the Committee on Game and Fish.
HB 914. By Mr. Adams of Brantley:
A bill to be entitled an Act to amend an Act, so as to provide that ministers and other certain parties shall be competent witnesses but not compellable witnesses unless certain conditions are met, and for other purposes.
Referred to the Committee on Special Judiciary.
HB 915. By Mr. Adams of Evans:
A bill to be entitled an Act to amend an Act so as .to further provide how guardians, administrators, executors, trustees and other fiduciaries may sell stocks or bonds which are either listed or admitted. to unlisted trading privileges upon a stock exchange, or quoted regularly in newspapers, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 916. By Messrs. Twitty of Mitchell, Greer of Lanier and Bentley of Cobb:
A bill to be entitled an Act to authorize adjustment of the annual rate of compensation allowances fixed by law for officials and employees in the Executive branch of the State Government, and for. other purposes.
Referred to the Committee on State of Republic.
HB 917. By Mr. Alverson of Fulton:
A bill to be entitled an Act to amend an Act incorporating the City of Manchester, so as to provide that candidates for Mayor and Councilmen be freeholders, and for other purposes.
Referred to the Committee on Municipal Government.
HB 918. By Mr. Alverson of Fulton:

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JOURNAL OF THE HOUSE,

A bill to be entitled an Act to amend an Act incorporating the City of Manchester relating to corporate limits, and for other purposes.
Referred to the Committee on Municipal Government.

HB 919. By Mr. Alverson of Fulton:
A bill to be entitled an Act to amend an Act to provide for the judge and Solicitor General of the Criminal Court, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 920. By Mr. Alverson of Fulton:
A bill to be entitled an Act to amend an Act incorporating the City of Manchester, now the City of College Park, so as to provide for a more equitable sewer assessment of corner property, and for other purposes.
Referred to the Committee on Municipal Government.

HB 921. By Mr. Alverson of Fulton:
A bill to be entitled an Act to amend an Act incorporating the City of Manchester, now College Park, so as to amend the Civil Service and Pension law, and for other purposes.
Referred to the Committee on Municipal Government.

HB 922. By Mr. Alverson of Fulton: A bill to be entitled an Act to amend an Act incorporating the City of Manchester, now College Park, relating to heads of departments, and for other purposes.
Referred to the Committee on Municipal Government.
HB 923. By Mr. Alverson of Fulton: A bill to be entitled an Act to amend an Act incorporating the City of Manchester, now College Park, relating to elections, and for other purposes.
Referred to the Committee on Municipal Government.
HB 924. By Mr. Alverson of Fulton: A bill to be entitled an Act to amend an Act incorporating the City of Manchester, now College Park, so as to provide for repaving of streets, and for other purposes.
Referred to the Committee on Municipal Government.
HB 925. By Messrs. Gowen and Nightingale of Glynn: A bill to be entitled an Act to amend an Act creating the City Court of Brunswick, and for other purposes.

FRIDAY, JANUARY 25, 1952 Referred to the Committee on Municipal Government.

1249

HB 926. By Mr. Page of Chatham:
A bill to be entitled an Act to amend an Act relating to and incorporating the Town of Thunderbolt, and for other purposes.
Referred to the Committee on Municipal Government.

HB 927. By Messrs. Langdale and Register of Lowndes:
A bill to be entitled an Act to ratify and confirm an ordinance of the Mayor and Council of the Town of Lake Park, and for other purposes.
Referred to the Committee on Municipal Government.
HR 241-927a. By Mr. Alverson of Fulton:
A resolution to provide for the relief of James W. Gurley, injured while operating a rock crusher while working on the chain-gang in Walker County, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 242-927b. By Mr. Alverson of Fulton:
A resolution for the relief of William Melvin Kimbrell, injured in the collapse of a certain building structure at the State Prison at Reidsville, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 243-927c. By Messrs. Perkins and Duncan of Carroll, Deason of Stewart and Hall of Floyd:
A resolution proposing an amendment to the Constitution which established county-wide school districts, etc., and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.
HR 244-927d. By Mr. Jessup of Bleckley:
A resolution proposing an amendment so as to provide that the General Assembly of Georgia shall be authorized to pass a special Act to merge the existing independent school system of the City of Cochran, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.
HR 245-927e. By Messrs. Matthews and Pittard of Clarke, Tamplin of Morgan, Dally of Walton and others:
A resolution proposing an amendment so as to extend to the employees
of the State, any department of the State, any State institution or political subdivisions of the State, and to the dependents and survivors of such employees, the basic protection accorded others by the Old Age and Survivors Insurance Program embodied under the Social Security Act, and for other purposes.

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JOURNAL OF THE HOUSE,-

Referred to the Committee on Amendment to Constitution # 1.

HR 246-927f. By Mr. Neville of Bulloch:
A resolution authorizing payment to Mr. Durance Waters for damages and injuries sustained as a result of a collision with a Georgia State Patrol automobile, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 247-927g. By Messrs. White and Kelley of Gwinnett:
A resolution to provide funds to compensate Mrs. Floyde Addington for expenses incurred from injuries sustained when a State prisoner, who was an inmate of the Gwinnett County Public Works Camp, attacked Mrs. floyde Addington in her home, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 248~927h. By Messrs. White and Kelley of Gwinnett:
A resolution to compensate Mr. Jarvis Johnson for damages to his automobile in collision with asphalt spreader of the State Highway Department, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 928. By Messrs. Vandiver, Clay and Wood of Bibb and Brantley of Upson:
A bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Sales and Use Tax Act, so as to provide for an exemption for medicines, caskets and Holy Bibles, and for other purposes.
Referred to the Committee on Ways and Means.
HR 249-928a. By Mr. Mangum of Columbia:
A resolution to create "Mistletoe State Park", and for other purposes. Referred to the Committee on Public Property.
HR 250-928b. By Messrs. McWhorter, Mackay and Bell of DeKalb, Johnson of Hall, Clark of Decatur and Twitty of Mitchell:
A resolution that the Governor shall be authorized to make available funds for the acquisition of the site and sufficient land to encompass the area included in plan of development for the Confederate Memorial Park, and for other purposes.:
Referred to the Committee on Public Property.
HB 929. By Messrs. W.hite and Kelley of Gwinnett: A bill to be entitled an Act to amend an Act establishing the City Court of Buford, and for other purposes.
Referred to the Committee on Municipal Government.

FRIDAY, JANUARY 25, 1952

1251

HB 930. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to make the proviso thereof apply with respect to insu1ance companies licensed under the laws of Georgia, and for other purposes.
Referred to the Committee on Insurance.

HB 931. By Mr. Covington of Floyd:
A bill to be entitled an Act to protect the health and safety of the people of the State of Georgia; prescribing regulations for the practice of massage and the conduct of massage establishments, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

HR 251-931a. By Mr. Covington of Floyd:
A resolution proposing that the State Highway Department be ordered to pay James Taylor of Route No. 1, Lindale, a certain sum and Lamar Shiflett of Route No. l Lindale, a certain sum as compensation for their respective injuries received as a result of an accident, and for other purposes.
Referred to the Committee on Special Appropriations.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bill of the House to wit:
HB 485. By Mr. Tarpley of Union: A bill to amend, consolidate and supersede the several Acts incorporating the City of Blairsville, in the County of Union, and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
HB 680. By Mr. Little of Peach: A bill to abolish the offices of Tax Collector and Tax Receiver in the County of Peach; to consolidate the offices, and for other purposes.
HB 681. By Mr. Kemp of Clayton: A bill to provide that the coroner of Clayton County shall be compensated on a salary rather than a fee basis; to provide for an effective date; to repeal conflicting laws, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 685. By Mr. Wiggins of Stephens:
A bill to give the Ordinary of Stephens County compensation in addition to the fees which he now receives; to repeal conflicting laws, and for other purposes.

HB 687. By Mr. Wiggins of Stephens:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues in the County of Stephens, so as to increase the compensation of the members of said Board, and for other purposes.

HB 692. By Mr. Stewart of Habersham:
A bill to abolish the offices of Tax Collector and Tax Receiver in the County of Habersham; to consolidate the offices of Tax Receiver and Tax Collector of Habersham; to repeal conflicting laws, and for other purposes.

HB 694. By Messrs. Johnson and Overby of Hall:
A bill 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"; to fix the salaries of the Judge and Solicitor of said Court; providing the time and manner of paying said salaries, etc.

HB 695. By Mr. Best of Clay:
A bill to provide that in all counties in the State of Georgia having a population according to the U. S. Census of 1950, and any future census, of not less than 5815 inhabitants and not more than 5845 inhabitants, the Board of Commissioners of Roads and Revenues, in its discretion, may pay to Sheriffs of such Counties a subsistence, not to exceed fifty dollars per month in addition to fees, etc.

HB 696. By Messrs. Cornelius and McKelvey of Polk:
A bill to amend an Act approved August 10, 1917, entitled "Polk Treasurer's Salary and Bonds"; to provide for the change in the salary of the Treasurer of Polk County, and for other purposes.

HB 697. By Messrs. Cornelius and McKelvey of Polk:
A bill to amend an Act approved November 18, 1901, and all Acts amendatory thereof, entitled "An Act to establish a City Court of Polk County, in the City of Cedartown"; to provide for the change in the salary and qualifications of the judge of the City Court of Polk County, and for other purposes.

HB 700. By Mr. Greene of Crisp:
A bill to amend an Act creating a Board of County Commissioners for the County of Crisp, approved August 6, 1908 (Ga. Laws 1908 p. 295) as amended, so as to change the territorial provisions of the Commissioners' sections, and for other purposes.

FRIDAY, JANUARY 25, 1952

1253

HB 703. By Mr. Lavender of Elbert:
A bill to amend "An Act establishing the City Court of Elberton, in Elbert County; to provide for the appointment of a Judge and other officers thereof, and for other purposes," to increase the salary of the Judge and Solicitor thereof, and for other purposes.

HB 705. By Mess1s. Scott and Willis of Thomas:
A bill to amend an Act approved August 18, 1905, entitled "An Act to establish the City Court of Thomasville, in and for the County of Thomas; to define its jurisdiction and powers, and for other purposes.

HB 706. By Mr. Walker of Telfair:
A bill to amend an Act approved December 29, 1937 (Acts 1937-1938, pages 892 et. seq.) relating to the salary of the Clerk of the Tax Commissioner of the County of Telfair, and for other purposes.

HB 707. By Mr. Walker of Telfair:
A bill to amend an Act approved February 25, 1949 (Acts 1949, pages 1885-1886) relating to the salary of the Clerk of the Office of Commissioner of Roads and Revenues for the County of Telfair, and for other purposes.

HB 708. By Mr. Walker of Telfair:
A bill providing for the payment of a salary from the Treasury of Telfair County to enable the Ordinary of said County a clerk as a clerk may be needed, and for other purposes.

HB 74f. By Mr. Tamplin of Morgan:
A bill to amend an Act approved March 22, 1935 (Ga. Laws 1935, p. 738), creating a Board of Commissioners of Roads and Revenues in and for the County of Morgan, and all Acts Amendatory thereof, and for other purposes.

HB 742. By Messrs. Battles and Clark of Decatur:
A bill to amend an Act approved March 4, 1935, entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Decatur; to provide for the election, qualifications and terms of office of the members thereof, and for other purposes.

SB 238. By Senators Peterson of the 16th, Grayson of the 1st, Williams of the 45th and others:
A bill to provide that banks and banking institutions, trust companies, savings banks shall be subject to taxation on an equal basis, and for other purposes.
SB 239. By Senators Peterson of the 16th, Williams of the 49th, Chastain of the 41st and others:

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JOURNAL OF THE HOUSE,
A bill to provide that the incorporation of trust companies, and the granting of trust powers to existing corporations, shall be subject to the approval of the Superintendent of Banks, and for other purposes.

SB 255. By Senator Duncan of the 34th:
A bill to prohibit the printing, publication, display, circulation or distribution of any faked or composite photograph of any person for the purpose of exposing said person to public hatred, contempt, etc., and for other purposes.

SB 256. By Senator Duncan of the 34th:
A bill to provide that the Tax Collector, Tax Receiver, Ordinary, Sheriff and Clerk of Superior Court of counties with a certain population shall .be paid a salary in lieu of fees, and for other purposes.
SB 260. By Senator Rawls of the lOth:
A bill to amend an Act approved Feb. 4, 1943 (Ga. Laws 1943, pp. 171177), entitled an Act to authorize the establishment of a Merit System of Personnel Administration, as amended, so as to authorize any department or agency of the State of Georgia which has not heretofore included thereunder to be included under the provisions of such Act; to provide the manner, methods and means of so doing; to repeal conflicting laws, and for other purposes.
SB 265. By SenatorsWillingham of the 39th and Ellard of the 31st:
A bill to amend Section 15-302 of the 1933 Code of Georgia relating to the jurisdiction of the United States over certain lands in this State so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and citizens of any ceded territory used by the Department of Defense; to repeal conflicting laws, and for other purposes.
SB 271. By Senator Farrar of the 42nd:
A bill to raise the salary of the Judge of the Superior Court of Lookout Judicial Circuit, paid by the counties of the circuit, from $1200.00 to $1600.00 per annum, and for other purposes.
SB 273. By Senator Millican of the 52nd:
A bill to amend the Ellis Health Bill (Ga. Laws 1943, pp. 371-385), as amended, so as to require the approval of the budget for health purposes to be approved by the proper taxing authority of the county, and for other purposes.
SB 275. By Senators Branch of the 47th, Harden of the 45th, Hargreaves of the 5th and others:
A bill to amend an Act creating the office of Judge of the Superior Courts, Emeritus, approved March 9, 1945 (Ga. Laws 1'945, p. 362), as amended, particularly as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 493), so as to change the method' of compen-

FRIDAY, JANUARY 25, 1952

1255

sation of such Judges to be assigned to serve as Judges of the Superior Courts by the Governor of the State of Georgia, as herein provided; to repeal conflicting laws, and for other purposes.

SB 279. By Senator Ellard of the 31st:
A bill to amend Section 34-1303 of the Code of Georgia relating to the manner of conducting elections by providing that the managers and clerks of elections in the State shall receive not less than $5.00 per day as compensation for their services; repeal conflicting laws, and for other purposes.

SB 284. By Senator Willingham of the 39th, Connell of the 6th, and Rawls of the lOth:
A bill to authorize all eligible officers and employees of the Court of Appeals, other than the judges thereof, to become members of the Employees Retirement System of Georgia_; to authorize the payment of contributions under said system, and for other purposes.

SB 287. By Senator McCranie of the 48th:
A bill to amend an Act entitled "An Act to consolidate the offices and duties of tax receiver and tax collector in the County of Dodge; to create the office. of County Tax Commissioner of said county, and for other purposes.

SB 295. By Senator Millican of the 52nd:
A bill to amend an Act "To establish a method for providing park and r(!creational systems in the unincorporated portion of Fulton County and for other purposes" so as to provide that Community Centers and 4-H Club camps inay be operated by Fulton County under direction of the County Agricultural Agent, and for other purposes.

SB 296. By Senator Millican of the 52nd:
A bill to authorize Commissioners of Roads and Revenue of Fulton County to provide group insurance for employees, and for other purposes.

SB 297. By Senator Millican of the 52nd:
A bill to amend an Act entitled an Act to provide that counties having a population of more than 200,000 by U. S. Census of 1920 shall furnish aid and relief and pensions to members of Police Department, and for other purposes.

SB 298. By Senator Millican of the 52nd:
A bill to amend an Act to create a Civil Service Board for Fulton County so as to provide that Secretaries and other employees of the various Pension systems for Fulton County shall be included in the classified service, and for other purposes.

SB 302. By Senator Dunn of the 8th:

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JOURNAL OF THE HOUSE,

A bill to amend an Act creating a new charter for the Town of Iron City, in the County of Decatur, approved August 17, 1908 (Ga. Laws 1908, p. 752) to prescribe a new term of office for the mayor and aldermen; to provide staggered terms for the aldermen; to provide for elections and time of taking office; to repeal conflicting laws, and for other purposes.

SB 306. By Senator Williams of the 19th:
A bill to amend the Acts creating the office of County Commissioners of Taliaferro County so as to increase the compensation of the Chairman and members of the Board of Commissioners, and for other purposes.

SB 310. By Senator Grayson of the 1st:
A bill to amend the Acts creating the Municipal Court of Savannah by providing for the office of Chief Judge; by eliminating the title and authority of Ex-officio Judge; by providing the Municipal Court of Savannah shall consist of a Chief Judge and one Associate Judge, and for other purposes.

SB 311. By Senator Grayson of the 1st:
A bill to amend the Act creating the City Court of Savannah to provide no person shall be qualified for the office of Judge of said Court unless he has been a practicing attorney for five years and a citizen of Chatham County for five years, and for other purposes.

SR 86. By Senator Grayson of the 1st: A resolution authorizing the issue of a birth certificate by the State Department of Health to Robert Norton Doty.

Mr. Perkins of Carroll asked unanimous consent that the following bills
of the House be withdrawn from the Committee on Education # 1, read the second time and recommitted to the Committee on Education # 1:
HB 655. By Mr. Perkins of Carroll: A bill to be entitled an Act to amend an Act establishing a Minimum Foundation Program of Education in Georgia, and for other purposes.
HB 658. By Mr. Perkins of Carroll: A bill to be entitled an Act to amend an Act relating to consolidation of common schools by county boards of education, and for other purposes.
The unanimous consent request was granted and the bills were withdrawn
from the Committee on Education # 1, read the second time and recommitted to the Committee on Education # 1.

Mr. Lewis of Hancock asked unanimous consent that the following bills of
the House be withdrawn from the Committee on General Judiciary # 1, read

FRIDAY, JANUARY 25, 1952

1257

the second time and recommitted to the Committee on General Judiciary # 1:

HB 622. By Messrs. Lewis of Hancock and others:
A bill to be entitled an Act to amend an Act relating to the homicide of wife or mother, so as to make provisions for illegitimate children, and for other purposes.

HB 627. By Messrs. Lewis of Hancock, Jackson of Jones, and others:
A bill to be entitled an Act to amend an Act relating to the homicide of a child, so as to remove the provisions relating to dependency and contribution, and for other purposes.

The unanimous consent request was granted and the bills were withdrawn
from the Committee on General Judiciary # 1, read the second time and recommitted to the Committee on General Judiciary # 1.

Mr. Nightingale of Glynn County, Chairman of the Committee on Amend-
ments to the Constitution # 2, submitted the following report:

Mr. Speaker:
Your Committee on Amendments to the Constitution # 2 has had under con-
sideration the following Resolutions of the House and has instructed me as Chairman, to report the same to the House with the following recommendations:
HR 179-755f. Do Not Pass. HR 189-SlOb. Do Pass. HR 220-861a. Do Pass. HR 229-882c. Do Pass. HR 235-908d. Do Pass.
Respectfully submitted, Nightingale of Glynn, Chairman.

Mr. Lovett of Laurens County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Appropriations 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 710. Do Pass.
Respectfully submitted, Lovett of Laurens, Chairman.

1258

JOURNAL OF THE HOUSE,

Mr. Alverson of Fulton County, Chairman of the Committee on Counties and County Matters, submitted the following report:

Mr.. Speaker: Your Committee on Counties arid County Matters has had under considera-
tion 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 244. Do Pass. SB 249. Do Pass. HB 906. Do Pass. HB 905. Do Pass. HB 902. Do Pass. HB 900. Do Pass. HB 901. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General Judi-
ciary # 1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 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 797. Do Pass. HB 636. Do Pass, as amended. HB 638. Do Pass. HB 633. Do Pass. HB 767. Do Pass. HB 772. Do Pass. HB 771. Do Pass. HB 865. Do Not Pass. HB 783. Do Pass. HB 887. Do Pass. HB 813. Do Not Pass. HB 885. Do Pass. HB 818. Do Pass.

FRIDAY, JANUARY 25, 1952

1259

HB 632. Do Pass. HB 883. Do Pass. HB 819. Do Pass.

Respectfully submitted, Gowen of Glynn, Chairman.

Mr. Rowland of Johnson 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 bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 871. Do Pass. Respectfully Submitted, Rowland of Johnson, Chairman.

Mr. Smith of Fulton County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following bills of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following reco:m:mendations:
HB 894. Do Pass, as Amended. HB 891. Do Pass. SB 269. Do Pass, as Amended.
Respectfully submitted, Smith of Fulton, Chairman.

Mr. Barber of Colquitt 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:

1260

JOURNAL OF THE HOUSE,

HB 798 and 804 Do Pass. SB 272. Do Pass.

Respectfully submitted, Barber of Colquitt, 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 bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 236. Do Pass.

Respectfully submitted, McCracken of Jefferson,

Chairman.

The following resolution of the House was read and referred to the Committee on State of Republic:
HR 252. By Messrs. Tarpley of Union, Jessup of Bleckley, and others:
A resolution proposing that members of the House of Representatives receive $10.00 per day to cover expenses incident to attending general legislative committee meetings, and for other purposes.

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
HB 632. By Messrs. Lewis of Hancock, Jackson of Jones, Best of Clay:
A bill to be entitled an Act to provide for the admission in evidence of a certified copy of a deed more than thirty years old, and for other purposes.
HB 633. By Messrs. Lewis of Hancock, Jackson of Jones, and Best of Clay:
A bill to be entitled an Act to amend Section 38-1604 of the Code of Georgia of 1933, so as to provide that husband and wife shall be competent but not compellable to give evidence in. any criminal proceeding, and for other purposes.
HB 636. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act so as to make certain changes with regard to voters voting under the Municipal Home Rule

FRIDAY, JANUARY 25, 1952

1261

Law, and for other purposes.

HB 638. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act so as to change the time limitations relating to the submission of charter amendments under the Municipal Home Rule Law, and for other purposes.

HB 710. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others: A bill to be entitled an Act to amend an Act so as to provide an appropriation of $5,000,000.00 for each fiscal year for emergency capital outlay expenditures in establishing a system of common schools, and for other purposes~
HB 767. By Messrs. Twitty of Mitchell, Smith of Emanuel, and Gowen of Glynn: A bill to be entitled an Act to amend Section 6-1001 of the Code of Georgia of 1933 so as to provide that in all capital felony c-ases the clerk shall furnish the attorney general with a copy of the bill of exceptions, and for other purposes.
HB 771. By Mr. Hawkins of Screven: A bill to be entitled an Act to amend Section 110-401 of the Code of Georgia of 1933 so as to provide that suits on account shall not be considered suits for unliquidated damages, and for other purposes.
HB 772. By Mr. Hawkins of Screven,: A bill to be entitled an Act to amend Section 81-301 of the Code of Georgia of 1933 so as to provide for service of demurrers and pleas, and for other purposes.
HB 783. By Messrs. Murr and Burgamy of Sumter: A bill to be entitled a:n Act to provide for the payment of attorneys' fees in the foreclosure of deeds to secure debts, and for other purposes.
HB 797. By Messrs. Huddleston of F~yette, Barrett of Pike, and others: A bill to be entitled an Act to amend an Act so as to provide for changing the compensation of the official court reporter of the Griffin Judicial Circuit, and for .other purposes.
HB 798. By Messrs. Alverson and H. Smith of Fulton: A bill to be entitled an Act to amend an Act so as to expand the duties
of the municipal revenue collector of Atlanta, and for other purposes.
HB 804. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to provide for the installation of parking meters in Atlanta, and for other purposes.
HB 818. By Mr. Covington of Floyd:

1262

JOURNAL OF THE HOUSE,
A bill to be entitled an Act to amend Section 110-1001 of the Code of Georgia so as to provide for the rerecording of executions, and for other purposes.

HB 819. By Messrs. Deason of Stewart and Dicus of Muscogee:
A bill to be entitled an Act to amend Section 85-1512 of the Code of Georgia of 1933 so as to authorize the court to award attorney's fees in the disposition of the proceeds of the sale of lands, and for other purposes.

HB 871. By Mr. Kemp of Clayton:
A bill to be entitled an Act to amend an Act so as to provide members of the Retirement System shall be entitled to prior service credits, and for other purposes.

HB 883. By Messrs. Dicus of Muscogee, Bolton of Spalding, and Scott of Thomas:
A bill to be entitled an Act to amend an Act so as to provide that members of the National Guard who were eligible under the employees' retirement system shall be entitled to a prior service certificate, and for other purposes.

HB 885. By Messrs. Ray of Warren, H. Smith of Fulton, and others:
A bill to be entitled an Act to amend Section 68-303 of the Code of Georgia so as to provide for a new method of signalling a turn of a motor vehicle by the driver, and for other purposes.

HB 887. By Messrs. Walker of Telfair, Burkett of Coffee, and Gowen of Glynn: A bill to be entitled an Act to provide for the use of municipal or county bonds issued for the purpose of matching State and Federal contributions for building and equipping hospitals, and for other purposes.
HB 891. By Mr. M. Smith of Fulton: A bill to be entitled an Act to regulate the sale of used motor vehicles, and for other purposes.
HB 894. By Mr. McCracken of Jefferson, Twitty of Mitchell, and others: A bill to be entitled an Act to provide for the licensing of domestic and foreign insurance companies and fraternal benefit societies, and for other purposes.
HB 900. By Mr. Baughman of Early: A bill to be entitled an Act to amend an Act so as to provide for compensation of the clerk and members of the Board of Commissioners of Roads and Revenues of Early County, and for other purposes.
HB 901. By Mr. Musgrove of Clinch:

FRIDAY, JANUARY 25-, 1952

1293

A bill to be entitled an Act tO :amend an Act so as to provide for sup-

plementing the oompensation of the Ordinary of Cli;nch County, and

for other purposes.



.. HB 902. By Mr. Jordan of Wheeler:

A bill to be entitled an Act to amend an Act so as to change the salary of the Commissioner of Roads and Revenues of Wheeler County, and for other purposes.

HB 905. By Mr. McGarity of Henry:
A bill to be entitled an Act to provide expense accounts for members of the Board of Commissioners of Roads and Revenues in certain counties, and for other purposes~

HB 906. By Mr. Black of Webster:
A bill to be entitled an Act to amend an Act so as to increase the salary of the treasurer of Webster County, and for other purposes.

HR 189-SlOb. By Messrs. Vandiver of Bibb, Freeman of Monroe, and others:
A resolution proposing an amendment. to the Constitution so as to provide for the election of solicitors general by the electors of each respective judicial circuit, and for other purposes.

HR 220-86la. By Mr. Ramsey of Effingham:
A resolution proposing an amendment to the Constitution so as to provide for the division of Effingham County into subdivisions for the purpose of issuing bonds to purchase school sites, and for other purposes.

HR 229-882c. By Messrs. Gowen and Nightingale of Glynn:
A resolution proposing an ame11dment to the Constitution so a.s to a~: thorize Glynn County to levy taxes for the purpose of _retarding land erosion by the sea or other elements, arid for other purposes.
HR 235-90Sd. By Mr. Tippins of Wilcox!:,
A resolution proposing an amendment to the Constitution so as to provide for the election of members of the board of education of WilCox County by the peo_ple,_ .and for other purposes.
SB 236. By Senators Rawls ofthe lOth and Connell of the 6th:
A bill to be entitled an Act tq provide for the election of electors .of president and vice-president of the United States, and for other purposes.
SB 244.. By Senator Millica11 of the 52nd:
A bill to be entitled an Act to authorize judges of the superior courts in certain counties to extend the terms of grand jurors, and for other purposes.

1264

JOURNAL OF THE HOUSE,

SB 249. By Senator Williams of the 49th:
A bill to be entitled an Act to amend Section 32-903 of the Code of Georgia relating to selection of members of the Board of Education by the grand juries, and for other purposes.

SB 272. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to authorize Commissioners of Roads and Revenues of Fulton County to provide for the appraisal of property by the tax assessors of Fulton County, and for other purposes.

SB 269. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to authorize the general council of the City of Atlanta to sell certain lands, and for other purposes.

Mr. Hollis of Muscogee asked unanimous consent that the following bill of the
Senate be recommitted to the Committee on General Judiciary # 2:

SB 57.

By Senator Williams of the 19th:
A bill to be entitled an Act to provide for inspection, discovery, and production, in criminal cases where the evidence of the State shall relate to ballistics, firearms identification, and blood, and for other purposes.

The unanimous consent request was granted and the bill was recommitted to
the Committee on General Judiciary # 2.

By unanimous consent, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
HB 642. By Messrs. Murr and Burgamy of Sumter: A bill to be entitled an Act to amend an Act so as to authorize the City of Americus to levy an ad valorem tax for specified purposes in an amount not exceeding 13% mills, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 684. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend the charter of the City of Wadley so as to change the amount of ad valorem tax, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.

FRIDAY, JANUARY 25, 1952

1265

The bill, having received the requisite constitutional majority, was passed.

HB 686. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act so as to provide for a permanent registration of voters in the Town of Bartow, and for other purposes.
The report 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 688. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend the charter of the City of Louisville so as to change the amount of ad valorem tax, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 689. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend the charter of the City of Wrens so as to change the amount of ad valorem tax, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 733. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to provide that when the clerk of the superior court of Laurens County acts as ex-officio clerk of the city court of Dublin he shall receive no additional compensation, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 745. By Mr. Claxton of Camden:
A bill to be entitled an Act to amend the charter of the City of St. Marys so as to change the hours for holding elections, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1266

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 109, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 790. By Messrs. Vandiver, Clay, and Wood of Bibb:
A bill to be entitled an Act to amend an Act so as to vest title to certain property in the City of Macon, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 793. By Messrs. Scott and Willis of Thomas:
A bill to be entitled an Act to amend an Act so as to change the corporate name of the Town of Coolidge to the City of Coolidge, and for other purposes.
The report 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 794. By Mr. Jolly of Franklin: A bill to be entitled an Act to amend an Act so as to change the salary of the mayor of the City of Lavonia, and for other purposes.
The report 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 800. By Messrs. Vandiver, Clay, and Wood of Bibb:
A bill to be entitled an Act to amend an Act so as to provide for payment of specified sums by the Board of Water Commissioners into the treasury 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 845. By Mr. Terry of Murray:
A bill to be entitled an Act to amend an Act so as to increase the salary of the Commissioner of Roads and Revenues of Murray County, and for other purposes.
The report of the committee, which was favorable to the passage of the

FRIDAY, JANUARY 25, 1952

1267

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 846. By Mr. Kemp of Clayton:
A bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Jonesboro, and for other purposes.
The report 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 847. By Mr. Kemp of Clayton:
A bill to be entitled an Act to amend an Act so as to change the corporate name of the Town of Forest Park to the City of Forest 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 848. By Messrs. Abney and Campbell of Walker, and others:
A bill to be entitled an Act to amend Section 21-105 of the Code of Georgia relating to fees paid coroners, and for other purposes.
The report 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 849. By Mr. Whitworth of Madison:
A bill to be entitled an Act to amend an Act so as to change the salary of the Commissioner of Roads and Revenues of Madison County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 850. By Mr. Sumner of Worth:
A bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Sylvester, and for other purposes.

1268

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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 851. By Mr. McGarity of Henry:
A bill to be entitled an Act to amend an Act so as to change the population figures therein, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 853. By Mr. Green of Irwin:
A bill to be entitled an Act to amend an Act so as to change the salary of the chairman of the Board of Commissioners of Roads and Revenues of Irwin County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 854. By Mr. Greer of Lanier: A bill to be entitled an Act to supplement the compensation of the ordinary of Lanier County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 122, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 856. By Messrs. Bell, Mackay, and McWhorter of DeKalb: A bill to be entitled an Act to amend Sections 24-2823 and 77-103 of the Code of Georgia of 1933 so as to provide for payment of the actual cost of feeding prisoners 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 123, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 857. By Messrs. Bell, Mackay, and McWhorter of DeKalb:
A bill to be entitled an Act to amend an Act so as to provide that the judge of civil court of DeKalb County may preside in the city court of

FRIDAY, JANUARY 25, 1952

1269

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 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 858. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to amend an Act so as to empower the Town of Martin to operate a natural gas distribution system, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 125, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 859. By Messrs. Bell, Mackay, and McWhorter of DeKalb: A bill to be entitled an Act to require jury commissioners in certain counties to place all tickets containing the names of traverse jurors in one box for the use of superior 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 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 860. By Mr. Wiggins of Stephens:
A bill to be entitled an Act to amend an Act so as to empower the City of Toccoa to operate a gas distribution system, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agr.eed to.
On the passage of the bill, the ayes were 127, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 861. By Messrs. Bell, Mackay, and McWhorter of DeKalb:
A bill to be entitled an Act to amend an Act so as to increase the salary of the judge and solicitor of 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 128, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 876. By Mr. Waldrop of Douglas:

1270

JOURNAL OF THE HOUSE,

A bill to be entitled an Act to repeal an Act creating a nine-member Board of Commissioners of Roads and Revenues of Douglas County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 129, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 878. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to abolish the office of county treasurer of Laurens 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 130, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 879. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to change the status of the third and fourth wards in 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 131, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 880. By Mr. Ramsey of Effingham:
A bill to be entitled an Act to amend an Act so as to increase the salary of the treasurer of Effingham 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 881. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to amend an Act so as to change the eligibility and oath required of voters, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 133, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 882. By Messrs. Hadden and Lovett of Laurens:

FRIDAY, JANUARY 25, 1952

1271

A bill to be entitled an Act to amend an Act so as to provide for the election of certain officers and employees of the City of Dublin, and for other purposes.
The report of the committee, which was favorable to the passage of the bi~l, 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.

HR 203-810p. By Mr. Boone of Wilkinson:
A resolution proposing that the road laid from the Health Center in the city of Irwinton to the City of Wriley be designated as the "Jack Brown Road", 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 135, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 205-810r. By Mr. Boone of Wilkinson:
A resolution proposing that the new bridge across Commissioner Creek be designated as "Boone Bridge", and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
,On 'the adoption of the resolution, the ayes were 136, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 206-810s. By Mr. Boone of Wilkinson:
A resolution proposing that the new bridge over Turkey Creek be designated as "Brack Bridge", and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 103, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 223-861d. By Messrs. Bell, Graham, and Holley of Richmond:
A resolution requesting the state librarian to furnish certain law books to Richmond County, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 0.

1272

JOURNAL OF THE HOUSE,

The resolution, having received the requisite constitutional majority, was adopted.

SB 264. By Senator Farrar of the 42nd:
A bill to be entitled an Act to amend an Act so as to change the time for holding elections in the City of Summerville, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 258. By Senator Farrar of the 42nd:
A bill to be entitled an Act to repeal an Act providing for a second primary in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 120-598a. By Messrs. Covington of Floyd, Weems of Chattooga, and others:
A resolution proposing that part of U. S. Highway No. 27, which is located in Georgia, be designated as the "Martha Berry 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 107, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

Mr. M. Smith of Fulton arose to a point of personal privilege and addressed the House.

By unanimous consent, the following bills and resolution of the Senate were read the first time and referred to the committees:
SB 239. By Senators Peterson of the 16th, Williams of the 49th, Chastain of the 41st and others:
A Bill to be enttiled an Act to provide that the incorporation of trust companies, and the granting of trust powers to existing corporations, shall be subject to the approval of the Superintendent of Banks, and for other purposes.
Referred to the Committee on Banks and Banking.
SB 238. By Senators Peterson of the 16th, Grayson of the 1st and others:

FRIDAY, JANUARY 25, 1952

1273

A Bill to be entitled an Act to provide that banks and banking institutions, trust companies, savings banks shall be subject to taxation on an equal basis, and for other purposes.
Referred to the Committee on Banks and Banking.

SB 251. By Senators Stephens of the 50th and Ellard of the 31st:
A Bill to be entitled an Act to amend an Act constituting the Income Tax Act of 1931, and for other purposes.
Referred to the Committee on State of Republic.

SB 255. By Senator Duncan of the 34th:
A Bill to be entitled an Act to prohibit the printing, publication, display, circulation or distribution of any faked or composit photograph of any person for the purpose of exposing said person to public hatred, contempt, and for other purposes.
Referred to the Committee on State of Republic.

SB 256. By Senator Duncan of the 34th:
A Bill to be entitled an Act to provide that the Tax Receiver, Ordinary, Sheriff and Clerk of Superior Court of counties with a certain population shall be paid a salary in lieu of fees, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 260. By Senator Rawls of the lOth:
A Bill to be entitled an Act to amend an Act to authorize the establishment of a Merit System of Personnel Administration, so as to authorize any department or agency of the State of Georgia which has not been heretofore included thereunder to be included under the provisions of such Act, and for other purposes.
Referred to the Committee on State of Republic.

SB 265. By Senators Willingham of the 39th and Ellard of the 31st:
A Bill to be entitled an Act to amend an Act relating to the jurisdiction of the United States over certain lands in this State so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and citizens of any ceded territory used by the Department of Defense; and for other purposes.
Referred to the Committee on General Judiciary #2.

SB 271. By Senator Farrar of the 42nd: A Bill to be entitled an Act to raise the salary of the Judge of the Superior Court of Lookout Judicial Circuit, paid by the counties of the circuit, from $1,200.00 to $1,600.00 per annum; and for other purposes.
Referred to the Committee on General Judiciary # 1.

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SB 273. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act, so as to require the approval of the budget for health purposes to be approved by the proper taxing authorities of the county, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 275. By Senators Branch of the 47th, Harden of the 45th and Hargreaves of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts, Emeritus, and for other purposes.
Referred to the Committee on General Judiciary #2.

SB 279. By Senator Ellard of the 31st:
A Bill to be entitled an Act to amend an Act relating to the manner of conducting elections, by providing that the managers and clerks of elections in the State shall receive not less than $5.00 per day as compensation for their services, and for other purposes.
Referred to the Committee on Privileges and Elections.

SB 284. By Senators Willingham of the 39th, Connell of the 6th and Rawls of the lOth:
A Bill to be entitled an Act to authorize all eligible officers and employees of the Court of Appeals, other than the judges thereof, to become members of the Employees Retirement System of Georgia, and for other purposes.
Referred to the Committee on General Judiciary #2.

SB 287. By Senator McCranie of the 48th:
A Bill to be entitled an Act to amend an Act to consolidate the offices and duties of Tax Receiver and Tax Collector in the County of Dodge, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 295. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to establish a method for providing park and recreational systems in the unincorporated portion of Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 296. By Senator Millican of the 52nd:
A Bill to be entitled an Act to authorize the Commissioners of Roads and Revenues of Fulton County to provide group insurance for employees, and for other purposes.
Referred to the Committee on Counties and County Matters.

FRIDAY, JANUARY 25, 1952

1275

SB 297. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to provide that counties having a population of more than 200,000 by U. S. Census of 1920 shall furnish aid and relief and pensions to members of police department, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 298. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to create a Civil Service Board for Fulton County so as to provide that Secretaries and other employees of the various Pension systems for Fulton County shall be included in the classified service; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 302. By Senator Dunn of the 8th:
A Bill to be entitled an Act creating a new charter for the Town of Iron City, and for other purposes.
Referred to the Committee on Municipal Government.

SB 306. By Senator Williams of the 19th:
A Bill to be entitled an Act. to amend an Act creating the office of County Commissioners of Taliaferro County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 310. By Senator Grayson of the 1st:
A Bill to be entitled an Act to amend the Acts creating the Municipal Court of Savannah by providing for the Office of Chief Judge; and for other purposes.
Referred to the Committee on Municipal Government.

SB 311. By Senator Grayson of the 1st:
A Bill to be entitled an Act amending the Act creating the City Court of Savannah by prescribing the qualifications of the Judge of the City Court of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

SR 86. By Senator Grayson of the 1st:
A Resolution authorizing the issue of a birth certificate by the State Department of Health to Robert Norton Doty, and for other purposes.
Referred to Committee on Hygiene and Sanitation.

. The following Resolutions of the House were read and adopted: HR 253. By Messrs. Adams and Brantley of Upson:

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WHEREAS, the A capella choir of the Robert E. Lee School of Thomaston, Georgia is one of the most outstanding choirs in the State; and,
WHEREAS, it will be of benefit for this House of Representatives to have the pleasure of hearing this fine choir;
NOW THEREFORE be it resolved that this House of Representatives do issue a most cordial invitation to the said choir of the Robert E. Lee High School of Thomaston, Georgia, to appear as guests of this Body on Thursday, February 7, 1952 at 11:00 A. M. and to render for the pleasure of said Body several musical selections; and
THE CLERK of said House of Representatives is hereby authorized and directed to forward an appropriately drawn invitation, together with a copy of this Resolution, to Honorable Gordon R. Holstun, Superintendent of said Robert E. Lee High School.

HR 254. By Mr. Kidd of Baldwin:
WHEREAS, the inmates of the Georgia: State Hospital at Milledgeville are in need of some form of entertainment in order to make their confinement more pleasant; and
WHEREAS, this entertainment could be secured through the medium of television;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the State Welfare Department be urged to install a sufficient number of television sets at the Georgia State Hospital at Milledgeville to accomplish the aforesaid purposes.

HR 255. By Messrs. Ray of Warren, Hand and Twitty of Mitchell, and others:
A RESOLUTION
MEMORIALIZING THE PRESIDENT, THE CONGRESS OF THE UNITED STATES, AND THE JUDICIARY OF THE UNITED STATES TO UPHOLD THE CONSTITUTION OF THE UNITED STATES OF AMERICA.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF GEORGIA, THE SENATE CONCURRING, THAT
WHEREAS, the Constitution of the United States requires the president "before he enters on the execution of his office" to take an oath to "preserve, protect and defend the Constitution of the United States", and requires all members of the Congress and the federal judiciary as well as all legislative, executive and judicial officers of the several states to take an oath "to support" the Constitution and thus preserve it from destruction or subversion; and,
WHEREAS, the first Act passed by the Congress and signed by George Washington in 1789 prescribed the form of a solemn oath as required by the Constitution; and,
WHEREAS, the Constitution is short, requiring only thirty minutes to read, and is easily understood by any intellige.nt person, honest enough to believe that it means what it says; and,

FRIDAY, JANUARY 25, 1952

1277

WHEREAS, the Constitution vests limited and defined power to make laws in the Congress, the power to execute those laws in the president, and the power to judge those laws in the judiciary-granting certain well-defined supplemental powers to the president, and certain well defined extended powers to the judiciary, reserving all other powers to the States and to the people; and,
WHEREAS, the Section 2 of Article II of the Constitution gives the President the power, "by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur", thus constituting the Senate a Council to the president and contemplating the actual presence of senators (though not all of them) at the making of treaties in and at all stages. Yet, nevertheless, the Senate has abdicated its power and spurned its duty as a result of which so-called "experts" have surrounded the president at some of the most crucial meetings that have ever concerned the American people. Row upon row of new-made graves in Korea are daily reminders of the failure of the Senators to conform their actions to the oaths uttered by their mouths, which would have placed some of them at Yalta in the place of Hiss advising and not consenting; and,
WHEREAS, the framers of the Constitution were so fearful of executive usurpations and proclamations that they conferred upon the Congress the sole power "to make all laws ... necessary and proper for carrying into execution" the powers of the president, so that no president should ever assert the prerogative of a Stuart King to make laws "necessary and proper for the execution of laws"; and,
WHEREAS, in spite of the plain words of the Constitution, and the solemn oaths of the constitutional officers of government to defend and "to support" the Constitution, the Congress has attempted to divest itself of, and delegate its own non-delegable legislative powers to the president, and to agencies under his control; as well as to divest the judiciary of its vested and untouchable judicial powers, and to vest those powers in the president who, with the consent of a strange Supreme Court, has attempted to exercise such powers through his own servile tools, who make, execute and judge laws affel!ting substantive rights of freemen and imposing duties upon freemen, in the name of the President; and,
WHEREAS, the blending of all powers of government in the hands of one man to be exercised by him or by his servile tools, is, as said by Thomas Jefferson, "the very definition of tyranny", and is a treasonable subversion of the Constitution resulting in a government of flesh rather than a government of laws; and,
WHEREAS, as government untrammelled by a Constitution is a
Despotism, and a society unprotected by constitutional law's is anarchy; and,
WHEREAS, the specious pretense of necessity or expediencythe argument of every tyrant and every "Quisling" that has ever stalked across the pages of history-is absolutely absurd, when we reflect for a moment that no executive "laws", "directives" or "proclamations" (except possibly as relating to the office of "Commander-in-Chief of the Army and Navy of the United States") are ever so urgent as not to afford the Congress an opportunity to affix thereto a preamble and an enacting clause, so as to make them the law of the land. The pre-

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JOURNAL OF THE HOUSE,

tense that Congress does not have time to read before it enacts is answered by the fact that the President does not have time to read before he proclaims. If we must have "experts" to do for Congress that which it is unable to do for itself, then Congress, with the power of the purse may employ such "experts" and make them directly responsive to legislative will in the drafting of legislation for enactment. Likewise, the exercise of judicial power is never so urgent as to require its exercise by some presidential tool rather than some impartial man who has been emancipated from control by the president by non-precarious tenure and from control by the Congress by undiminishable pay, as the Constitution requires; and,
WHEREAS, the Constitution provides that it may not be altered, changed or amended without the consent of three-fourths of the States acting through their Legislatures-yet, nevertheless, in derogation of the plain words of the Constitution, it has been subverted, changed, tortured and altered by "Quislings" who daily read out of it the philosophy of our forefathers, who made it, and who daily read into it the alien philosophies of those who would destroy it; and,
WHEREAS, the State of Georgia, having never forfeited its right to approve or disapprove of amendments read into the Constitution in any manner, now exercises that constitutional right and now disapproves of every such amendment except the twenty-one amendments constitutionally adopted.
BE IT, THEREFORE, RESOLVED, that it is the sense of the Legislature of Georgia in General Assembly that the President, and all members of the Congress and the Judiciary of the United States should have the honor to obey their oaths "to support" and defend the Constitution of the United States, and to at least obey or require obedience to its mandate to submit all proposed changes in its structure to the Legislatures of the various States for approval or disapproval.
BE IT FURTHER RESOLVED, that it is the sense of this General Assembly that the people of America can in no more certain way rivet the chains of slavery on their children than "to support" candidates for federal offices who do not have the courage and integrity to obey their oaths "to support" the Constitution as written and subsequently amended twenty-one times. Nor can the liberty of their children be preserved in any other way than by a government of laws made pursuant to a Constitution, supported by virtuous representativesmen who obey their oaths to their God and faithfully discharge their duties to their fellowmen.
BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to proper authorities in the manner provided by law consistent with the Constitution, as a memorial of the Legislature of the State of Georgia disapproving of all changes or amendments sought to be made a part of the Constitution by stealth and subterfuge.

HR 256. By Messrs. Ray of Warren, Smith of Emanuel, and Hand and Twitty of Mitchell:
WHEREAS, it has been brought to the attention of this House of Representatives that Mrs. Rebecca Franklin Morehouse, lovingly known to the membership of the House as Becky Franklin of Bulloch

FRIDAY, JANUARY 25, 1952

1279

County, has been made one of the contributing editors of Time Magazine, and
WHEREAS, the said Becky Franklin was for a number of years on the staff of The Atlanta Journal and covered the House of Representatives for said newspaper during :which time, through her fai;r::ness and exceptional ability in reporting the news endeared herself to the hearts of the membership of the House,
NOW, THEREFORE BE IT RESOLVED by this House of Representatives that we congratulate the said Mrs. Rebecca Franklin Morehouse upon her being selected by said magazine as a contributing editor . and
BE IT FURTHER RESOLVED that a copy of this Resolution be spread upon the Minutes of the House, and a further copy be sent to Mrs. Morehouse.

HR 257. By Messrs. Duncan and Perkins of Carroll, Covington of Floyd, and Sheffield of Brooks:
WHEREAS, there are veterans who have served in the Armed Forces of this Country since June 25, 1950, who are not receiving the benefits that were given to veterans of World War II under the Servicemen's Readjustment Act of 1944, and
WHEREAS, such veterans have done a momentous job in protecting our liberties and lives,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the United States Congress be most heartily urged to immediately pass legislation extending the Servicemen's Readjustment Act of 1944 to cover veterans of the Armed Forces who have served since June 25, 1950,
BE IT FURTHER RESOLVED that a copy of this resolution be mailed to the Georgia delegates of the House of Representatives and Senate of the United States' Congress by the Clerk of the House of Representatives of Georgia.

Under the regular order of business, the following resolutions of the House were taken up for consideration and read the third time:
HR 175-755b. By Messrs. Abney and Campbell of Walker: A resolution requesting compensation for damages to Louie Raines, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 112, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
HR 211-S30b. By Messrs. Cates and Bargeron of Burke:

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JOURNAL OF THE HOUSE,

A resolution requesting compensation for damages to J. W. Borom, 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 adopted.

HR 52-271a. By Messrs. Gardner of Dougherty and Twitty of Mitchell:
A resolution requesting compensation for damages to Jeff Rose, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 108, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

Under the regular order of business, the following bill of the House was again taken up for consideration:
HB 93. By Mr. Alverson of Fulton: A bill to be entitled an Act to permit the use of voting machines in elections, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 116, nays 2. The bill, having received the requisite constitutional majority, was passed.

Under the regular order of business, the following bills and resolutions of the House were taken up for consideration and read the third time:
HR 109-517d. By Mr. Langdale of Lowndes: A resolution requesting compensation for damages to Fred Kirkwood, Jr., and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 115, nays 0. The resolution, having received the requisite constitutional majority, was adopted.
HB 611. By Mr. Walker of Crawford: A bill to be entitled an Act to place a tax upon bachelors and old maids,

FRIDAY, JANUARY 25, 1952 and for other purposes.

1281

Mr. M. Smith of Fulton moved that further action on HB 611 be psotponed indefinitely and the motion prevailed.

HR 87-383c. By Mr. Barber of Jackson:
A resolution requesting compensation for damages to Paul E. King, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 120, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 653. By Mr. Perkins of Carroll:
A bill to be entitled an Act to amend Section 92-233 of the Annotated Supplement of the 1933 Code of Georgia so as to include the permanent place of residence of a person in the armed forces of the United States under the definition of "homestead", and for other purposes.
The report 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.

By unanimous consent the Clerk was directed to correct certain typographical errors in HB 848.
HB 654. By Messrs. Duncan and Perkins of Carroll: A bill to be entitled an Act to amend Section 92-233 of the Annotated Supplement of the 1933 Code of Georgia so as to provide for an exemption of the homestead of a person of the armed forces who is engaged in the Korean conflict, and for other purposes.
The report of the conunittee, 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.
HR 162-708f. By Mr. McCracken of Jefferson:
A resolution requesting compensation for damages to J. W. Wilcher, Jr., 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.

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JOURNAL OF THE HOUSE,

The resolution, having received the requisite constitutional majority, was adopted.

Mr. Duncan of Carroll gave notice that at the proper time he would move that the House reconsider its action in passing the following bill of the House:

HB 654. By Messrs. Duncan and Perkins of Carroll:
A bill to be entitled an Act to amend Section 92-233 of the Annotated Supplement of the 1933 Code of Georgia so as to provide for an exemption of the homestead of a person of the armed forces who is engaged in the Korean conflict, and for other purposes.

HB 721. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to preclude the licensing of a corporation as a resident agent for soliciting and writing fire insurance, and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

The following resolution of the House was read and adopted:

HR 25i. By Messrs. Duncan of Carroll, Dorsey of White, and others:
WHEREAS, Twentieth Century Fox Pictures llUlde a motion picture "I'd Climb the Highest Mountain" in Georgia, and,
WHEREAS, the newspapers have rep9rted that they are considering making a sequel to this picture in Georgia,
NOW, Therefore, be it resolved by the General Assembly of Georgia, that we go on record urging Twentieth Century Fox Pictures to film a sequel to "I'd Climb the Highest Mountain" in the grand old state of Georgia.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock Monday morning and the motion prevailed.

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

MONDAY, JANUARY 28, 1952

1283

Representative Hall, Atlanta, Georgia, January 28, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:
HB 932. By Messrs. Twitty of Mitchell and Greer of Lanier:
A bill to be entitled an Act to amend an Act to create the offices of State Highway Board, Chairman of State Highway Board and Treasurer of State Highway Department, and for other purposes.
Referred to the Committee 'on State of Republic.
HB 933. By Messrs. Twitty of Mitchell and Gowen of Glynn:
A bill to be entitled an Act to abolish the fee system of paying the Clerk of Supreme Court, requiring all fees collected by said Clerk to be paid into the State Treasury, and to fix the salaries of the Clerk and Deputy Clerk of the Supreme Court, and for other purposes. Referred to the Committee on General Judiciary # 1.

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JOURNAL OF THE HOUSE,

HB 934. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to amend an Act relating to gambling or betting on any game, sport or athletic contest, and for other purposes.
Referred to the Committee on Game and Fish.

HB 935. By Messrs. Twitty of Mitchell and Greer of Lanier:
A bill to be entitled an Act to authorize the State Highway Department to purchase through the Purchasing Department, as other State purchases are made, an airplane to be used for aerial photography and recommaissance so as to assist in the promotion of better State highways, and for other purposes.
Referred to the Committee on Highways # 1.

HB 936. By Mr. Scott of Thomas:
A bill to be entitled an Act to amend an Act establishing the Minimum Foundation Program of Education in Georgia, in certain counties, and for other purposes.
Referred to the Committee on Education # 1.

HB 937. By Messrs. Brantley and Adams of Upson:
A bill to be entitled an Act to amend an Act relating to the fees of coroners and jurors, so as to change the population figures contained therein, and for other purposes.
Referred to the Committee on General Judiciary # 2.

HB 938. By Mr. Ramsey of Effingham:
A bill to be entitled an Act to amend an Act creating and incorporating the City of Springfield, and for other purposes.
Referred to the Committee on Municipal Government.

HB 939. By Mr. Coogle of Macon:
A bill to be entitled an Act to amend an Act which provides a commission of one and one-half percent of the net amount collected by the tax collector to be paid the tax receiver in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 940. By Mr. Sheffield of Brooks:
A bill to be entitled an Act to abolish the office of Tax Receiver and Tax Collector of Brooks County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 941. By Messrs. Williams and Bentley of Cobb: A bill to be entitled an Act to amend an Act entitled an Act to create

MONDAY, JANUARY 28, 1952

1285

a new charter for the City of Kennesaw, and for other purposes. Referred to the Committee on Municipal Government.

HB 942. By Messrs. Williams and Bentley of Cobb:
A bill to be entitled an Act to amend an Act entitled an Act to create a new charter for the City of Kennesaw, and for other purposes.
Referred to the Committee on Municipal Government.

HB 943. By Messrs. Trapnell and Neville of Bulloch:
A bill to be entitled an Act to provide that the Coroner in all counties of this State having a population of not less than 24,600 and not more than 24,800, shall be compensated on a salary basis rather than a fee basis, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 259-943a. By Messrs. Bolton and Harper of Spalding:
A resolution proposing an amendment to provide for the merger of the City of Griffin School system with that of the County of Spalding School System, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

HR 260-943b. By Mr. Knight of Gordon:
A resolution proposing that the Director of the Department of State Parks be directed and authorized to acquire a tract of land in the County of Gordon suitable for use by the State as a New Echota State Memorial Park, and for other purposes.
Referred to the Committee on Public Property.

HR 261-943c. By Messrs. Ray of Warren, Smith of Emanuel, Key of Jasper, Tarbutton of Washington, and McCracken of Jefferson:
A resolution proposing an amendment so as to authorize the Legislature to exempt from taxation intangible personal property owned by trusts exempt from federal income tax under Section 165 (a) of the Internal Revenue Code, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HB 944. By Mr. Best of Clay:
A bill to be entitled an Act to amend an Act relating to Housing Authorities so as to provide that the State Public Body shall not exercise the powers provided in Section 8 of an Act known as The Housing Authorities Law, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 945. By Mr. Lovett of Laurens:

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JOURNAL OF THE HOUSE,

A bill to be entitled an Act to incorporate the Town of East Dublin, and for other purposes.
Referred to the Committee on Municipal Government.

HB 946. By Mr. Lovett of Laurens, Scott of Thomas, Overby of Hall, Barber of Colquitt and others:
A bill to be entitled an Act to amend an Act creating the Minimum Foundation Education Program; so as to change populations of the municipalities, and for other purposes.
Referred to the Committee on Education # 1.

Mr. Freeman of Monroe County, Chairman of the Committee on Amend-
ments to Constitution # 1, submitted the following report:

Mr. Speaker:

Your Committee on Amendments to Constitution # 1 has had under con-
sideration the following resolutions of the House and Senate and has instructed
me as Chairman, to report the same back to the House with the following recommendations:

SR 84. Do Pass.

SR 82. Do Pass.

SR 83. Do Pass.

HR 233-908b. Do Pass.

HB 240-908i. Do Pass.

Respectfully submitted,

Freeman of Monroe,

Chairman.

Mr. Alverson of Fulton 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 919. Do Pass. SB 227. Do Pass. SB 256. Do Pass. SB 298. Do Pass. SB 297. Do Pass.

MONDAY, JANUARY 28, 1952

1287

SB 296. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education
# 1, submitted the following report:

Mr. Speaker:

Your Committee on Education # 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 652. Do Pass.

Respectfully submitted, Duncan of Carroll, Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General
Judiciary # 2, submitted the following report:

Mr. Speaker:
Your Committee on General Judiciary # 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 282. Do Pass. SB 265. Do Pass.

Respectfully submitted, Hollis of Muscogee, Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General
Judiciary # 2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 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 886. Do Pass. HB 915. Do Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Lewis of Hancock County, Chairman of the Committee on Legislative and Congressional Re-Apportionment, submitted the following report:

Mr. Speaker:
Your Committee on Legislative and Congressional Re-Apportionment 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 610. Do Not Pass.
Respectfully submitted,
Lewis of Hancock,
Chairman.

Mr. Adams of Brantley County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker: Your Committee on Special Judiciary 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 811. Do Pass. HB 821. Do Pass. HB 914. Do Pass. HB 864. Do Not Pass. HB 812. Do Not Pass. HB 640. Do Not Pass.
Respectfully submitted, Adams of Brantley, 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 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 252. Do Pass.
HB 884. Do Pass.
HB 908. Do Pass.

MONDAY, JANUARY 28, 1952

1289

SB 8. SB 222. SB 255. SB 260.

Do Pass, as amended. Do Pass. Do Pass. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Ray of Warren County, Chairman of the Committee on Ways and Means, supmitted 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 724. Do Pass. Respectfully submitted, Ray of Warren, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following bill of the House to wit:
HB 746. By Messrs. Hollis, Pickard and Dicus of Muscogee: A bill to amend an Act of the General Assembly, which Act is entitled "An Act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace in and for the City of Columbus, and County of Muscogee, and for other purposes.
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
bills and resolutions of the Senate and House to wit:
HB 620. By Mr. Mims of Miller:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues in the County of Miller, approved Aug. 22, 1905 (Ga. Laws, 1905, p. 569) and all Acts amendatory thereto, so as to increase the compensation of the Chairman of said Board; to repeal conflicting

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JOURNAL OF THE HOUSE, laws, and for other purposes.

HB 698. By Messrs. Bentley and Williams of Cobb:
A bill to provide for the hours of holding elections in certain counties; to repeal conflicting laws, and for other purposes.

HB 693. By Mr. McCracken of Jefferson:
A bill to amend an Act entitled "An Act to amend an Act entitled An Act creating the City Court of Louisville, for the County of Jefferson, to define its jurisdiction and powers; to provide for the appointment of a Judge and Solicitor, and for other purposes.

HB 701. By Mr. Aycock of Jenkins:
A bill to amend an Act establishing the City Court of Millen, approved March 12, 1943 (Ga. Laws 1943, p. 758), as amended, so as to increase the compensation of the Judge and Solicitor of said Court; to repeal conflicting laws, and for other purposes.

HB 702. By Mr. Aycock of Jenkins:
A bill to amend an Act establishing the Board of Commissioners of Roads and Revenues for the County of Jenkins, as amended, so as to provide for monthly compensation of the members of said Board, and for other purposes.
HB 736. By Mr. Dews of Calhoun:
A bill to consolidate the office of tax receiver and the office of collector of Calhoun County into the office of tax commissioner; to provide the term of office; to prescribe the duties; to provide for compensation; to provide for the election of the tax commissioner; to repeal conflicting laws, and for other purposes.
HB 743. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to amend an Act of the Georgia Legislature of 1884-85 (Ga. Laws 1884-85, pp. 455-460) approved December 20, 1884, entitled "An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a Judge and Solicitor thereof, and for other purposes.

HB 747. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to establish the salary of the Clerk of the Superior Court of Muscogee County, Georgia, as such, and as ex-officio Clerk of the City Court of Columbus, Georgia; to repeal conflicting laws with this Act, and for other purposes.
HB 750. By Mr. Hawkins of Screven:
A bill to amend an Act establishing the City Court of Sylvania, in and for the County of Screven, so as to change the terms of said court; to repeal conflicting laws, and for other purposes.

MONDAY, JANUARY 28, 1952

1291

HB 751. By Messrs. Hollis, Pickard, Dicus of Muscogee:
A bill to establish the salary of the Ordinary of Muscogee County, Georgia; to prohibit the Ordinary of said County from practicing law; to repeal all laws in conflict with the provisions of this Act, and for other purposes.

HB 752. By Mr. Hawkins of Screven:
A bill to provide that the terms of the Superior Court of Screven County shall be held on the second Monday in the months of January, April, July and the third Monday in the month of November; to repeal conflicting laws; and for other purposes.

HB 792. By Messrs. Vandiver and Clay of Bibb:
A bill to amend an Act approved March 30, 1937, as contained in the published Acts of 1937, pages 619 to 620 inclusive, which Act relates to the fixing of salaries on a Calendar or Fiscal Year Basis; to change the population classification therein set forth, and for other purposes.

HB 796. By Mr. Clary of McDuffie:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of McDuffie County, approved February 1, 1939 (Ga. Laws 1939, p. 658), as amended particularly by an Act approved March 3, 1939 (Ga. Laws 1939, p. 662) so as to increase the compensation of the Commissioner and his Clerk, and for other purposes.
HB 803. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend Title 36 Code of Georgia of 1933 by adding thereto additional procedure for condemnation of property which shall be applicable to all municipalities and/or counties having a population of more than 250,000 according to the last or future Federal Decennial Census, and for other purposes.
HB 806. By Mr. Campbell of Oconee:
A bill to amend an Act entitled "An Act to amend an Act entitled an Act to abolish the office of County Treasurer of Oconee County, Georgia, and for other purposes, approved August 18, 1919, approved August 10, 1920 (Ga. Laws 1920, p. 593) ", so as to increase the compensation of the Treasurer, and for other purposes.
HB 807. By Mr. Campbell of Oconee:
A bill to compensate the Sheriff of Oconee County in the amount of One Hundred ($100.00) Dollars per month in addition to fees; to repeal conflicting laws, and for other purposes.
HB 809. By Mr. Campbell of Oconee:
A bill to amend an Act creating the office of Tax Commissioner of Oconee County, approved February 11, 1943 (Ga. Laws 1943, p. 109), so as to increase the compensation of the Tax Commissioner; to repeal

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JOURNAL OF THE HOUSE, conflicting laws, and for other purposes.

HB 737. By Mr. Hall of Toombs:
A bill to amend an Act incorporating the City of Lyons, approved August 7, 1907, (Ga. Laws 1907, p. 765), as amended so as to provide for wards to provide for the election of Mayor and Council, and for other purposes.

HB 744. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to amend an Act approved December 20, 1884 (Acts 1884-5, page 455, et. seq.) entitled an Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a Judge and Solicitor thereof, and for other purposes.
HB 748. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to establish the salary of the Sheriff of Muscogee County, Georgia; to repeal all laws in conflict with this Act, and for other purposes.
HB 749. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to amend "An Act to abolish the offices of tax receiver and tax collector of Muscogee County, Georgia; to create the office of County Tax Commissioner of Muscogee County, Georgia, and for other purposes.
HB 801. By Messrs. Williams and Bentley of Cobb:
A bill to amend an Act approved February 9, 1949, (Ga. Laws 1949, p. 427), and Acts amendatory thereof, which changed certain county officers of Cobb County from a fee system to the salary system of compensation; to provide that deputy sheriffs of Cobb County shall have a salary of $4,200.00, and for other purposes.
HB 805. By Mr. Campbell of Oconee:
A bill to compensate the Clerk of the Superior Court of Oconee County in the amount of Fifty ($50) Dollars per month in addition to fees; to repeal conflicting laws, and for other purposes.
HB 808. By Mr. Campbell of Oconee:
A bill creating the Board of Commissioners of Roads and Revenues for the County of Oconee, approved August 18, 1917 (Ga. Laws 1917, p. 384), as amended, so as to increase the compensation of the Chairman and members of said Board; to repeal conflicting laws, and for other purposes.
HB 628. By Messrs. Ray of Warren, Hand and Twitty of Mitchell and others:
A bill to ratify, approve and confirm the Executive Orders of the Governor suspending the collection of retailers' and consumers' sales and use taxes on lunches sold and served to pupils and employees of public schools, and for other purposes.

MONDAY, JANUARY 28, 1952

1293

SB 230. By Senator Pittman of the 53rd:
A bill to amend Section 62-301 of the Code relating to the description and appraisal of estray livestock in the state so as to change the appraisal value; to amend Section 62-302 of the Code of Georgia relating to filing of papers concerning estray livestock; to increase the fee of the Justice of the Peace, and for other purposes.

SB 243. By Senator Trotter of the 37th:
A bill to provide for the creation of the Office of Superior Court Reporter Emeritus, and for other purposes.

SB 253. By Senator Millican of the 52nd:
A bill to amend an Act approved February 21, 1951 (Ga. Laws 1951, p. 789) by striking therefrom Paragraph (a) of Section 15, which prohibits expenditure of State funds by the Georgia Historical Commission, and for other purposes.

SB 262. By Senator Millican of the 52nd:
A bill to amend an Act establishing an employee's retirement system so as to provide that any person who has served for 35 years as an attache of the General Assembly shall be a member of the retirement system, and for other purposes.

SB 292. By Senators Hagan of the 17th, Mashburn of the 33rd and others:
A bill to amend the Act creating the Georgia Commission on Alcoholism so as to authorize the members of the Commission to travel in the performance of their duties and for the payment of such travel expense, and for other purposes.

SB 294. By Senators Edenfield of the 2nd and Gould of the 4th:
A bill to vest in the adjoining owner or owners of tidal streams or estuaries of the right of full control over the same and to vest in them the exclusive right to hunt and fish thereon, and for other purposes.

SB 320. By Senator Williams of the 19th:
A bill to provide that the County Board of Education of Taliaferro County shall publish once each month in the official organ of said county a list of expenditures with certain exceptions; to repeal conflicting laws, and for other purposes.
SB 321. By Senator Williams of the 19th:
A bill to provide that the Board of Commissioners of Roads and Revenues of Taliaferro County shall publish once each month in the official organ of said county a list of expenditures with certain exceptions; to repeal conflicting laws, and for other purposes.
SB 336. By Senator Trotter of the 37th:

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JOURNAL OF THE HOUSE,

A bill to provide for licensing of domestic and foreign insurance companies and for fraternal benefit societies doing business in Georgia; to provide annual licenses from the Insurance Commissioner, and for other purposes.

SR 91.

By Senator Hawes of the 30th:
A resolution authorizing the Governor and the Director of the Department of State Parks to negotiate with the proper parties for the leasing of certain lands in Elbert County for State Park purposes, and for other purposes.

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
HB 652. By Mr. Neville of Bulloch: A bill to be entitled an Act to amend Section 32-903 of the 1933 Code of Georgia, which provides for qualification of members of County Boards of Education, and for other purposes.
HB 724. By Messrs. Alverson, M. Smith and H. Smith of Fulton: A bill to be entitled an Act to grant extensions of time for filing of income tax returns by returning Korean veterans, and for other purposes.
HB 811. By Mr. Bolton of Spalding: A bill to be entitled an Act to amend Section 113-408 of the 1933 Code of Georgia relating to revocation of wills by subsequent marriage, and for other purposes.
HB 821. By Messrs. Bolton and Harper of Spalding: A bill to be entitled an Act to create a lien in favor of every hospital and clinic for the treatment and care of persons, and for other purposes.
HB 884. By Messrs. Pickett of Pickens and Murr of Sumter: A bill to be entitled an Act to authorize the Department of Public Safety to assess fees for providing photostatic copies, and for other purposes.
HB 886. By Messrs. Bell of Richmond, Hawkins of Screven, and Page of Chatham: A bill to be entitled an Act to amend Section 71-107 of the 1933 Code of Georgia relating to the notarial seal for attestation of deeds, and for other purposes.
HB 908. By Mr. Freeman of Monroe: A bill to be entitled an Act to amend an Act so as to include certain peace officers, and for other purposes.
HB 914. By Mr. Adams of Brantley:

MONDAY, JANUARY 28, 1952

1295

A bill to be entitled an Act to amend an Act so as to provide that ministers shall be competent witnesses, and for other purposes.

HB 915. By Mr. Adams of Evans:
A bill to be entitled an Act to amend an Act so as to further provide how fiduciaries may sell stocks or bonds, al).d for other purposes.

HB 919. By Mr. Alverson of Fulton:
A bill to be entitled an Act to amend an Act so as to provide changes in eligibility for retirement of judges and solicitors, and for other purposes.

HR 233-908b. By Mr. Adams of Brantley:
A resolution proposing an amendment to the Constitution of Georgia so as to provide for the election of members of the Board of Education of Brantley County, and for other purposes.

HR 240-908i. By Messrs. Cornelius and McKelvey of Polk:
A resolution proposing an amendment to the Constitution of Georgia so as to create a new Board of Education of Polk County, and for other purposes.

SB 8.

By Senators Rawls of the lOth, Connell of the 6th, and others:
A bill to be entitled an Act to establish a program of assistance to the totally and permanently disabled, and for other purposes.

SB 222. By Senator Rawls of the lOth:
A bill to be entitled an Act to require each County Welfare Board to keep a file of each beneficiary of Old Age Assistance Aid to Blind and Dependent Children, and for other purposes.

SB 227. By Senator Holloway of the 13th:

A bill to be entitled an Act to provide for the holding of terms of the Superior Court in Schley County, and for other purposes.
SB 255. By Senator Duncan of the 34th:
A bill to be entitled an Act to prohibit the circulation of any faked photograph for purposes of defamation, and for other purposes.

SB 256. By Senator Duncan of the 34th:
A bill to be entitled an Act to substitute salaries for fees of certain officers in certain counties, and for other purposes.

SB 260. By Senator Rawls of the lOth:
A bill to be entitled an Act to amend an Act so as to authorize the inclusion of certain state departments under the Merit System, and for

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JOURNAL OF THE HOUSE,

other purposes.

SB 265. By Senators Willingham of the 39th and Ellard of the 31st:
A bill to be entitled an Act to amend Section 15-302 of the 1933 Code of Georgia relating to the jurisdiction of the United States over certain land in this State, and for other purposes.

SB 282. By Senators Connell of the 6th, Rawls of the lOth, and others:
A bill to be entitled an Act to provide for retirement benefits for clerks of the superior courts of Georgia, and for other purposes.

SB 296. By Senator Millican of the 52nd:
A bill to be entitled an Act to authorize Commissioners of Roads and Revenues of Fulton County to provide group insurance for employees, and for other purposes.

SB 297. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide that certain counties shall furnish aid and pensions to members of police department, and for other purposes.

SB 298. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide employees of the various pension systems for Fulton County shall be included in the classified service, and for other purposes.

SR 82.

By Senator Willingham of the 39th:
A resolution proposing an amendment to the Constitution so as to provide for a levy of five mills for fire prevention districts in Cobb County, and for other purposes.

SR 83. By Senator Willingham of the 39th:
A resolution proposing an amendment to the Constitution so as to provide for sewage districts for Cobb County, and for other purposes.

SR 84.

By Senator Trotter of the 37th:
A resolution proposing an amendment to the Constitution of Georgia so as to provide for the election of the Board of Education of Troup County, and for other purposes.

By unanimous consent, the following bills of the House and Senate were taken up for consideration and read the third time:
HB 797. By Messrs. Huddleston of Fayette, Bolton and Harper of Spalding, and others:
A bill to be entitled an Act to amend an Act so as to change the compen-

MONDAY, JANUARY 28, 1952

1297

sation of the court reporter of the Griffin Judicial Circuit, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 798. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act in reference to the Municipal Revenue Collector of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 804. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to provide for parking meters in 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 constitutional majority, was passed.

HB 900. By Mr. Baughman of Early:
A bill to be entitled an Act to amend an Act so as to change the compensation of the clerk and members of the Board of Commissioners of Roads and Revenues of Early County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 901. By Mr. Musgrove of Clinch:
A bill to be entitled an Act to amend an Act so as to supplement the compensation of the Ordinary 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 bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 902. By Mr. Jordan of Wheeler:

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A bill to be entitled an Act to amend an Act so as to change the compensation of the Commissioner of Roads and Revenues of Wheeler County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 905. By Mr. McGarity of Henry: A bill to be entitled an Act to authorize expense accounts for members of the Board of Commissioners of Roads and Revenues of certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 906. By Mr. Black of Webster:
A bill to be entitled an Act to amend an Act so as to increase the salary of the treasurer of Webster County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 244. By Senator Millican of the 52nd:
A bill to be entitled an Act to authorize judges of superior courts in certain counties to extend the terms of grand jurors, and for other purposes. The report 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.
SB 272. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to authorize the Commissioners of Roads and Revenues of Fulton County to appraise property, 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 112, nays 0. The bill, having received the requisite constitutional majority, was passed.

MONDAY, JANUARY 28, 1952

1299

SB 269. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to authorize the General Council of Atlanta to sell certain lands, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, 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:
SB 230. By Senator Pittman of the 53rd: A bill to be entitled an Act to amend an Act relating to the description and appraisal of estray livestock in this State, and for other purposes.
Referred to the Committee on General Agriculture # 1.
SB 243. By Senator Trotter of the 37th: A bill to be entitled an Act to provide for the creation of the Office of Superior Court Reporter Emeritus, and for other purposes.
Referred to the Committee on General Judiciary # 1.
SB 253. By Senator Millican of the 52nd: A bill to be entitled an Act to create the Georgia Historical Commission, and for other purposes.
Referred to the Committee on Appropriations.
SB -262. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act establishing an employees retirement system; to include members of the General Assembly who have served thirty-five years, and for other purposes.
Referred to the Committee on State of Republic.
SB 292. By Senators Hagan of the 17th, Mashburn of the 33rd and others: A bill to be entitled an Act to amend an Act creating the Georgia Commission on Alcoholism, and for other purposes.
Referred to the Committee on State of Republic.
SB 294. By Senators Edenfield of the 2nd, and Gould of the 4th:
A bill to be entitled an Act to provide for the control of wild life found in streams which are owned on both sides for their entire length by one individual or corporations, or more if they shall agree as to the control, and for other purposes. Referred to the Committee on Game and Fish.

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SB 320. By Senator Williams of the 19th:
A bill to be entitled an Act to provide that the County Board of Education of Taliaferro County shall publish once each month in the official organ of said county a list of expenditures with certain exceptions, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 336. By Senator Trotter of the 37th:
A bill to be entitled an Act to provide for licensing of domestic and foreign insurance companies and for fraternal benefit societies doing business in Georgia, and for other purposes.
Referred to the Committee on Insurance.

SB 321. By Senator Williams of the 19th:
A bill to be entitled an Act to provide that the Board of Commissioners of Roads and Revenues of Taliaferro County shall publish once each month in the official organ of said county a list of expenditures with certain exceptions, and for other purposes.
Referred to the Committee on Counties and County Matters.

SR 91. By Senator Hawes of the 30th:
A resolution authorizing the Governor the Director of the Department of State Parks to negotiate with the proper parties for the leasing of certain lands in Elbert County for State Park purposes, and for other purposes.
Referred to the Committee on Public Property.

Mr. Perkins of Carroll moved that the House reconsider its action in passing the following bill of the House:
HE 654. By Messrs. Duncan and Perkins of Carroll:
A bill to be entitled an Act to amend Section 92-233 of the Annotated Supplement of the 1933 Code of Georgia so as to provide for an exemption of the homestead of a person of the armed forces who is engaged in the Korean conflict, and for other purposes.
The motion to reconsider prevailed.
Mr. Perkins of Carroll moved that HE 654 be withdrawn from further consideration of the House, and the motion prevailed.

Under the regular order of business, the following bill of the Senate was taken up for consideration and read the third time:
SB 249. By Senator Williams of the 49th: A bill to be entitled an Act to amend Section 32-903 of the Code of

MONDAY, JANUARY 28, 1952

1301

Georgia so as to provide that in certain counties two members shall be appointed to the Board of Education from militia districts containing in excess of one-fifth of the population of 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 49, nays 60.
The bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Neville of Bulloch gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 249.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 485. By Mr. Tarpley of Union:
A bill to be entitled an Act to amend the several Acts incorporating the City of Blairsville, and for other purposes.

The following Senate amendment to HB 485 was read:

Senator Akins of the 40th moves to amend HB 485 by:
Striking from Section 6 thereof the figures "1951" wherever the same shall appear and inserting in lieu thereof the figures "1952".
And by:
Striking from Section 7 thereof the figures "1952" and inserting in lieu thereof the figures "1953".
And by:
Striking from Section 7 thereof the figures "1951" wherever the same shall appear and inserting in lieu thereof the figures "1952".
And by:
Striking from Section 106 thereof the figures "1946" and inserting in lieu thereof the figures "1952".

By unanimous consent, the Clerk was directed to correct certain typographical errors in the Senate amendment to HB 485.

Mr. Tarpley of Union moved that the House agree to the Senate amendment to HB 485.
On the motion, theayes were 103, nays 0.
The Senate amendment was agreed to.

Under the regular order of business, the following resolution of the House was taken up for consideration and read the third time:

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JOURNAL OF THE HOUSE,

HR 221-861b. By Mr. Tippins of Wilcox:
A resolution requesting compensation for damages toT. A. Holliday, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 109, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 746. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to be entitled an Act to amend an Act so as to increase the salaries of certain officials of the Municipal Court of Columbus, and for other purposes.

The following Senate amendment to HB 746 was read:

Senator King of the 24th moves to amend HB 746 by striking from Section 12, on the second line of the enrolled copy, the words "forty-five" and by substituting therefor the words "forty-eight", and by striking from Section 14, on the fourth line of the enrolled copy, the words "commissioners of roads and revenues of Muscogee County" and substituting therefor the words "judge of the municipal court of Columbus", and by striking from Section 8, on the eleventh and twelfth lines of the enrolled copy, the words "if he is not absent on account of sickness".
Mr. Pickard of Muscogee moved that the House agree to the Senate amendment to HB 746.
On the motion, the ayes were 103, nays 0.
The Senate amendment was agreed to.

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

HR 177-755d. By Messrs. Freeman of Monroe, Twitty of Mitchell, and Smith of Emanuel:
A resolution proposing that a bust of Alexander Hamilton Stephens be placed in the State Hall of Fame of Virginia, and for other purposes.

The following amendment was read and adopted:

Mr. Freeman of Monroe moves to amend HR 177-755d as follows: By adding a new paragraph as follows: "And that the Governor be directed to pay for the statute out of his contingent fund".
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.

MONDAY, JANUARY 28, 1952

1303

On the adoption of the resolution, as amended, the ayes were 111, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 834. By Messrs. Rollins and Biggers of Meriwether, and Kemp of Clayton:
A bill to be entitled an Act to amend Section 47-101 of the 1933 Code of Georgia so as to re-apportion the members of the House of Representatives among certain counties, and for certain purposes.
The report 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 2.
The bill, having received the requisite constitutional majority, was passed.

HB 766. By Messrs. Smiley of Liberty, Kidd of Baldwin, and others:
A bill to be entitled an Act to amend an Act so as to change the procedure for fixing compensation for members of the county boards of education, and for other purposes.
The following amendment to HB 766 was read and adopted:
Mr. Gowen of Glynn moves to amend HB 766 by adding a new section to be Section 2 and to read as follows:
"This Act shall not apply to those counties which had an independent school system prior to the Constitution of 1877 and counties having constitutional boards of education".
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 116, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 254. By Messrs. Abney of Walker, Hall of Floyd, and others:
A bill to be entitled an Act to provide that every owner of a motor vehicle shall register with the tax collector or tax receiver of his county, and for other purposes.
Mr. Pickard of Muscogee moved that the bill be tabled and the motion was lost.
An amendment offered by Mr. Overby of Hall was read and lost.
An amendment offered by Mr. Langdale of Lowndes was read and lost.

The following amendments were read and adopted:
Mr. Rogers of Heard moves to amend HB 254 as follows: by adding at the appropriate place the following:
"The applicant must have a receipt that taxes due have been paid on vehicle before obtaining tag".

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JOURNAL OF THE HOUSE,

Mr. Abney of Walker moves to amend HB 254 by changing the effective date to January 1, 1953.
Mr. Abney of Walker moves to amend HB 254 by adding a new section which shall be entitled Section 5A and which shall read as follows:
"The Tax Collector and Tax Commissioner, as the case may be, shall give bond and security payable to the Governor and his successor in office, and conditional upon the faithful discharge of the duties of the office and the payment to the State Revenue Commissioner of all fees collected for the registration of motor vehicles. In all counties having the population of not more than 40,000 according to the 1950 Federal census, or any future Federal census, the amount of the bond shall be $5,000.00. In all counties having the population of not less than 40,000 and not more than 80,000 according to the 1950 Federal census, or any future Federal census, the amount of the bond shall be $10,000.00. In all counties having the population of not less than 80,000 and not more than 125,000 according to the 1950 Federal census, or any future Federal census, the amount of the bond shall be $15,000.00. In all counties having the population of more than 125,000 according to the 1950 Federal census, or any future Federal census, the amount of the bond shall be $20,000.00".
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 103, nays 32.
The bill, having received the requisite constitutional majority, was passed, as amended.

Messrs. Adams and Brantley and Warren of Washington requested that the Journal show them as having voted against the passage of HB 254.

Mr. Twitty of Mitchell moved that the House do now recess until 1:30 o'clock this afternoon, the motion prevailed, and the Speaker announced the House recessed until 1 :30 o'clock this afternoon.

The Speaker called the House to order.

1:30 o'clock, P. M.

Under the regular order of business, the following bill of the House was again taken up for consideration:
HB 101. By Messrs. Mackay, McWhorter, and Bell of DeKalb:
A bill to be entitled an Act to provide for the creation of the Office of Judge of the City Court Emeritus, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 59, nays 70.
The bill, having failed to receive the requisite constitutional majority, was lost.

MONDAY, JANUARY 28, 1952

1305

Mr. Mims of Miller requested that the Journal show him as not having voted on the passage of HB 101.

Mr. Greer of Lanier gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 101.

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 769. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act so as to provide certain exclusions to the law requiring marking of school buses, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 67. The bill, having failed to receive the requisite constitutional majority, was lost.

Mr. McCracken of Jefferson gave notice that at the proper time he would move that t:he House reconsider its action in failing to pass HB 769.

HB 665. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to provide for the admissability in evidence of certain writings made in the regular course of business, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 1.
The bill, having received the requisite constitutional majority, was passed.

HB 625. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend Section 9-105 of the Code so as to provide for a Board of Bar Examiners of five instead of three, and for other purposes.

The following amendment to HB 625 was read and adopted:

Mr. Scoggin of Floyd moves to amend HB 625 as follows:

Amendment to HB 625, whereby said HB 625, shall contain an additional section thereto to be known as Section 3A, whereby an Act of 1897 as contained in the Act of 1897 at pages 85-86, and known as Code Section 9-113 of the Code of Georgia of 1933, shall be amended whereby
said Act of 1897, as presently contained in Code Section 9-113 of said Code Section 9-113, relating to the fee which each bar applicant is required to pay to the chairman of the board of bar examiners, and to provide for an increase in said fee and for other purposes.

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JOURNAL OF THE HOUSE,

Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same, that said HB 625 shall be amended by striking the figures $15.00 from line 3 of Code Section 9-113 of the Code of Georgia and inserting in lieu thereof, the figures $30.00, so that said Code Section, after said amendment, shall read as follows:
"9-113. ADMISSION FEE AND ITS APPROPRIATION. Each applicant before presenting his application to the judge, shall remit to the chairman of the board of examiners the sum of $30.00 and shall exhibit his receipt for it to the judge, and, out of the fund thus arising, the board of examiners shall pay all the expenses incurred in carrying this law into effect, and shall divide the balance equally among themselves as compensation for their services." Section 2. That all laws and parts of laws in conflict with the
provisions of this Act, be, and the same are, hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 108, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 626. By Mr. Gowen of Glynn:
A bill to be entitled an Act to repeal Section 9-110 of the Code and to enact a new statute providing the scope of the examination to be given applicants for admission to the bar, and for other purposes.
The report 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 2.
The bill, having received the requisite constitutional majority, was passed.

HB 768. By Messrs. Key of Jasper and Ray of Warren:
A bill to be entitled an Act to amend an Act so as to provide for an increase or decrease in the area of operation of a regional housing authority, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 195-810h. By Mr. Kidd of Baldwin:
A resolution proposing an inspection tour of certain hospitals, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

MONDAY, JANUARY 28, 1952

1307

On the adoption of the resolution, the ayes were 79, nays 33. The resolution was adopted.

HR 79-361d. By Mr. Pickett of Pickens:
A resolution requesting compensation for damages to Willis Rackley, and for other purposes.

The following amendment was read and adopted:
Mr. Pickett of Pickens moves to amend HR 79-361d by striking therefrom in its entirety, the last paragraph, and substituting in lieu thereof the following:
"And that the State Highway Department is hereby directed to pay to the said Willis Rackley, the sum of Two Hundred Fifty ($250.00) Dollars, for the loss of said horse as above described".
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 58, nays 45.
The resolution, having failed to receive the requisite constitutional majority, was lost.

Mr. Pickett of Pickens gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR79-361d.

HR 183-755j. By Messrs. Page and McGee of Chatham:
A resolution requesting compensation for damages to Harold H. Smoak, and for other purposes.

The following amendment was read and adopted:
Mr. Page of Chatham moves to amend HR 183-155j by striking the last clause of said resolution in its entirety and substituting a new clause which shall read as follows:
"Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Public Defense of Georgia is hereby authorized and directed to pay the sum of $60.00 to Harold H. Smoak".
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 121, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 623. By Messrs. Johnson of Hall, Pittard of Clarke, and others:
A bill to be entitled an Act to provide for retention of employee status of persons serving in certain military organizations, and for other purposes.

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JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 224-861e. By Messrs. Bell, Holley, and Graham of Richmond:
A resolution requesting compensation for damages to Wellington C. Cain, and for other purposes.
The following amendment was read and adopted:
Mr. Bell of Richmond moves to amend HR 224-861e by striking the last paragraph and inserting in lieu thereof that the State Highway Department be authorized to pay said sum out of its surplus funds.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 103, nays 1.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 225-861f. By Messrs. Bell, Holley, and Graham of Richmond:
A resolution requesting compensation for damages to Henry Mack, and for other purposes.
The following amendment was read and adopted:
Mr. Bell of Richmond moves to amend HR 225-861f by striking the last sentence and inserting in lieu thereof that the said sum of $136.25 be paid from funds of the State Highway Patrol.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 103, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 35-189b. By Mr. Alverson of Fulton:
A resolution requesting compensation for damages to Ferman B. Bullard, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 6.
The resolution, having received the requisite constitutional majority, was adopted.

HB 885. By Messrs. Ray of Warren, H. Smith of Fulton, and others:

MONDAY, JANUARY 28, 1952

1309

A bill to be entitled an Act to amend Section 68-303 of the Code of Georgia so as to provide for a new method of signalling a turn for a motor vehicle, and for other purposes.
The report 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 2.
The bill, having received the requisite constitutional majority, was passed.

HR 161-708e. By Mr. Clary of McDuffie:
A resolution proposing the conveying of 2.3 acres of State lands to the City of Thomson, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 452. By Messrs. Vandiver, Clay, and Wood of Bibb:
A bill to be entitled an Act to amend an Act so as to establish a new procedure for registration of voters for city elections in Macon, and for other purposes.
The following Senate substitute to HB 452 was read:
By Senator Davis of the 51st:
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, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes", said Act described appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act, wherever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section of said Acts; to repeal Sections 5, 6, 7, 8, 9 and 10 of said Act of 1927 as amended, which said sections relate to registration for elections in the City of Macon; to re-enact in lieu thereof new sections to be known as Section 5, 6, 7, 8, 9 and 10; to establish a new and different procedure for registration of voters for city elections; to provide for absentee voting; to prescribe punishment for illegal registration or voting; and for other purposes.

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SECTION I
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act entitled "An Act to reenact the charter of the City of Macon contained in the act approved August 17, 1914, together with the acts amending same, passed since 1914, with certain changes in said acts, 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 acts amendatory thereof; and for other purposes", approved August 3, 1927, and appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia for 1927, as the same has since been amended, is hereby further amended by striking therefrom in their entirety, Sections 5, 6, 7, 8, 9 and 10 of said Act as amended, and enacting in lieu thereof new sections to be known as Sections 5, 6, 7, 8, 9 and 10 which shall read as follows:
Section 5. Registration of Voters. (a) On the first day of January, 1953, the City Registrar (who shall be the person acting as City Treasurer) shall open a list to be designated as voters' list. There shall be placed thereon the names of all persons who apply to register to vote in city primaries, elections, and referenda who are qualified as hereinafter provided.
(b) Any person who may truthfully sign the following oath or affirmation, upon application for registration and execution of the oath or affirmation, shall be deemed registered and qualified to vote in City elections:
"I do swear (or affirm) that I am eighteen years of age, or older, or will be on the second Tuesday of November next occurring in an odd numbered year; that I will have resided in the City of Macon three months and in Bibb County six months on or before said second Tuesday; that I possess the qualifications of an elector required by the Constitution of Georgia, and am not disqualified for any reason; that I am qualified and registered to vote for members of the General Assembly in Bibb County; and the information given as to residence and identifying data given herein is true and correct."
Provided, however, that the name of any person who has not reached the age of eighteen shall be withheld from the list until he arrives at the age of eighteen, and that the name of any person who has not resided within the County of Bibb for six months and in the City of Macon for three months shall be withheld from said list until the later of such events has occurred.
(c) The City Registrar is authorized to require applicants for registration to furnish such other and further information as shall be necessary for purposes of identification.
(d) Any person desiring to vote in any City election, primary or referendum shall execute an application for a ballot, giving his name and then current residence address. If the address on the application for ballot shall differ from that shown on the voters list, the election manager shall determine whether the ad-

MONDAY, JANUARY 28, 1952

1311

dress as shown on the application for ballot is within the corporate limits of the City of Macon. If the applicant still resides within the City as shown by the application, he shall be permitted to vote. Otherwise, not. Applications for ballots shall be filed with the City Registrar who shall compare the same with the voters list, and he shall cause the voters list to be amended to conform to the addresses shown on the applications for ballots. Applications for ballots may be destroyed by the registrar after sixty days after any election, primary or referendum. Upon the request of any person unable to execute the application for ballot, an election manager may act as scrivener for the applicant.
(e) The City Registrar will receive applications for registration during usual office hours at any time. Persons registering after the second Tuesday in May of odd numbered years shall not be entitled to vote in the next following general City election, nor in any primary, election or referendum held prior thereto, but shall be entitled to vote in any general or special election or primary held subsequent to such next following general election, and more than twenty (20) days after such registration.
Section 6. Use of County Registration Lists; Purging.
(a) The Bibb County Board of Registrars shall by the second Tuesday in May, 1953, furnish to the City Registrar a list of the voters who are registered and qualified to vote for members of the General Assembly in Bibb County. Said County Board shall thereafter periodically, but not less often than annually, furnish the City Registrar with a list of new registrants, and with a list of those whose names have for any reason been deleted from said County list. The City of Macon shall reimburse the county authorities for furnishing said list, the price to be mutually agreed upon, or determined by arbitration as provided in Chapter 7-2 of the Georgia Code Annotated. The action of any board of arbitrators shall be conclusive, and the compensation awarded by it shall be paid.
(b) The City Registrar shall, upon receipt of the initial list, compare the information given him by applicants for registration with the list so furnished by the County Board, and he shall eliminate from the City list the names of those registrants whose names do not appear on said County list. The City Registrar shall, upon receipt of the supsequent lists showing additions and deletions from the County list, compare the same with the City Registrations and delete therefrom the names of those persons who have been dropped from the County list; and he may add to the City list the names of new registrants shown on the County list who have also applied for registration to vote in City elections, and who are otherwise qualified as hereinabove provided.
(c) Whenever the City Registrar shall eliminate any names from the City registration list under the provisions of (b) next above, he shall notify the person whose name is so eliminated by mailing to him at his address shown upon the City list by regular mail, a notice that such person's name has been eliminated, and such notice shall state the reason therefor. Failure of such person to controvert the facts stated in such notice within fifteen days after it is mailed shall be deemed prima facie proof of the cor-

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JOURNAL OF THE HOUSE,
rectness thereof. The City Registrar shall restore to the City list the name of any person who within fifteen days after mailing the notice prescribed herein shall present satisfactory evidence that the facts alleged in said notice were in error and that such person is in fact qualified as herein provided.
(d) The City Registrar, upon like notice and conditions, shall delete from the City Registration list the name of any person whom he has reason to believe has moved his residence without the limits of the City.
(e) It shall be the duty of persons whose names appear upon the City Registration list to report to the City Registrar changes in residence of such persons.
(f) Persons whose names are deleted from the voters list as being disqualified may upon removal of grounds for disqualification, apply for re-registration as in the case of a first application.
Section 7. Voters Lists; Deputy Registrars.
(a) From the list of registrants, the City Registrar shall prepare a voters list, alphabetically by wards, of those qualified to vote in City elections.
(b) Those persons whose names appear on such list, and no others, shall be qualified to vote in such City elections, primaries or referenda.
(c) The Mayor of the City of Macon shall appoint a sufficient number of deputy registrars to enable the City Registrar to accomplish the duties herein imposed. Such appointments shall be subject to confirmation by the Council.
Section 8. Hearings Before Registrars; Appeal.
(a) Whenever any person shall desire to controvert allegations made in any notice given by the City Registrar he shall do so in writing within the time allowed and the notice and answer shall constitute the pleadings in the cause. As expeditiously as possible, but in any event, within ten days, the City Registrar shall hold a hearing, at least three days notice of the time and place of which shall be furnished interested parties, at which hearing evidence shall be received touching the matter at issue. The City Registrar shall be authorized to administer oaths to witnesses, and evidence may be submitted by affidavit. Following such hearing, the Registrar shall decide the issue within five days. All decisions of the City Registrar are subject to appeal and all appeals must be in writing and shall be filed with the Registrar within ten days from the date of the decision complained of, and shall be returned instanter by the City Registrar to the office of the Clerk of Bibb Superior Court to be tried as other appeals. Pending the appeal and until final judgment in the case, the decision of the City Registrar shall remain of full force.
(b) Any person desiring to protest any action of the City Registrar, other than in cases controverting allegations in notices, may present his protest in writing to the Registrar, who shall promptly answer the same in writing. The issue so made shall be

MONDAY, JANUARY 28, 1952

1313

tried as provided in (a) above with right of appeal as therein set forth.
Section 9. Absentee Ballots.
(a) Voting by mail shall be accomplished as provided by law for State elections, the rules for which are set forth in Title 34 of the Georgia Code Annotated and Pocket Supplement thereto and as the same may subsequently be amended. The City Registrar shall perform the duties specified in said Code Sections for the registrars, and the City Clerk of Macon, Executive Committee of a political party, or other authority holding an election or primary shall perform the duties therein specified to be done by the Ordinary.
Section 10. Penalty for Violation.
(a) Any person voting or offering to vote in any election, general, special or primary, knowing that he or she is not a bona fide resident of the City of Macon, or knowing that he or she is otherwise disqualified to vote in such election, and any person who shall execute an application for registration or for a ballot which contains wilfully false statements, shall be guilty of a misdemeanor, and upon conviction, shall be punished as provided by law.
SECTION II
BE IT FURTHER ENACTED that if this Act or any part thereof shall be held to be invalid by a court of competent jurisdiction, then the voters list in effect at the effective date hereof, together with the list of persons who have registered under this act, shall constitute the list of persons qualified to vote in elections in the City of Macon.
SECTION III
BE IT FURTHER ENACTED that evidence of advertising as required by the Constitution of the State of Georgia is hereto attached and made a part hereof.
SECTION IV
BE IT FURTHER ENACTED that this act shall become effective January 1, 1953.
SECTION V
BE IT FURTHER ENACTED that all laws or parts of laws in conflict herewith be, and the same are hereby, repealed.

Mr. Vandiver of Bibb moved that the House agree to the Senate substitute to HB 452.
On the motion, the ayes were 105, nays 0.
The Senate substitute was agreed to.

Mr. Kidd of Baldwin asked unanimous consent that the following bill of the House be recommitted to the Committee on Georgia State Sanitarium:

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JOURNAL OF THE HOUSE,

HB 817. By Messrs. Parker of Baldwin, Boone of Wilkinson, and others:
A bill to be entitled an Act to amend an Act to establish an employees' retirement system, and for other purposes.

The unanimous consent request was granted and the bill was recommitted to the Committee on Georgia State Sanitarium.

The following resolution of the House was again taken up for consideration:

HR 252. By Messrs. Jessup of Bleckley, Clary of McDuffie, Tarpley of Union, and others:

A RESOLUTION

WHEREAS: The committee work of the members of the General Assembly has greatly increased requiring attendance on committees for long hours including night committee meetings, and

WHEREAS: The provisions of the Appropriation Act pertaining

to expenses of the General Assembly allows expenses of members in

connection with legislative committees, yet does not specifically state

that the expenses of general committee meetings are included as part

of the committee expenses,



THEREFORE: Be it resolved by the House of Representatives that the members of the General Assembly serving in the House of Representatives shall receive a sum of $10.00 per day as an allowance to cover the expense incident to the attendance of general legislative committees considering the recommendations for action on legislation pending and that said amount be in addition to the specific per diem and allowances authorized in the Appropriation Act approved February 21, 1951. The provisions of this resolution shall only apply to the members of the General Assembly and to the thirty-day period constituting the 1952 adjourned session of the General Assembly.

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 82, nays 33.

The resolution was adopted.

Messrs. Adams of Evans, Bentley of Cobb, Boggus of Ben Hill, Boone of Wilkinson, Brooks of Oglethorpe, Barber of Colquitt, Callier of Talbot, Carr of Whitfield, Cates of Burke, Durden of Dougherty, Edenfield of Emanuel, Garrard of Wilkes, Green of Cherokee, Green of Irwin, Green of Rabun, Groover of Troup, Hand of Mitchell, Hilton of Montgomery, Hollis of Muscogee, Jackson of Jones, Johnson of Hall, Jones of Lumpkin, King of Chattahoochee, Langdale of Lowndes, Lovett of Laurens, Murphy of Haralson, Musgrove of Clinch, Otwell of Forsyth, Overby of Hall, Pickard of Muscogee, Pittard of Clarke, Ray of Warren, Russell of Barrow, Stevens of Marion, Stewart of Habersham, Todd of Glascock, Twitty of Mitchell, Williams of Houston, Willingham of Lincoln, and Wright of Ware requested that the Journal show them as having voted against the adoption of HR 252.
Messrs. Brantley of Upson and Britton of Whitfield requested that the

MONDAY, JANUARY 28, 1952

1315

Journal show them as having voted for the adoption of HR 252.

The following resolutions were read and adopted:

HR 266. By Messrs. Johnson of Hall, Leach of Rockdale, and others:

A RESOLUTION
WHEREAS, the facilities afforded on the "Co-ordinate Campus" in Athens, Georgia are maintained and operated at a financial loss, and
WHEREAS, it has been recommended that the Board of Regents of the University System of the State of Georgia close and no longer use the facilities located on said "Co-ordinate Campus",. and
WHEREAS, the said "Co-ordinate Campus" contains thirty-five acres of land more or less, ten buildings including dining halls, recreational facilities, class rooms, kitchens, medical dispensaries, dormitories, libraries and other facilities necessary to a complete education plant, and
WHEREAS, it has come to the attention of the members of this body that the Naval Supply School located in Bayonne, New Jersey, has been required to vacate !he present facilities used by said school, and
WHEREAS, the said Naval Supply School is seeking a new location in which to establish said school, now therefore,
BE IT RESOLVED, by the members of the House of Representatives of the State of Georgia, the Senate concurring, that the Georgia Delegation in the Congress of the United States be respectfully urged to investigate and do all in their power to affect the establishment of the said Naval Supply School on the "Co-ordinate Campus" in Athens, Georgia,
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to each member of the Georgia Delegation in the Congress of the United States, and to each member of the Board of Regents of the University System of the State of Georgia.

HR 267. By Mr. Twitty of Mitchell:

A RESOLUTION
To provide for the establishment of a Contract Awarding Study Committee; to provide for the appointment of the members of said Committee; to define the rights and duties of such Committee, and for other purposes.
WHEREAS, in the early future many millions of dollars of State funds will very likely be spent in the construction of public buildings, and
WHEREAS, the General Assembly is greatly interested in studying the methods and procedures of awarding contracts for the construction of such buildings so as to assure the construction of the best

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JOURNAL OF THE HOUSE,

buildings for the least money.
NOW THEREFORE, BE IT RESOLVED, by the General Assembly of Georgia :
SECTION 1
Legislative Declaration. It is hereby declared to be the policy of this State and in the public interest that the public funds to be used in the numerous buildings to be erected in Georgia shall be prudently spent; and to this end the methods and procedures of contract awarding where public funds are involved should be carefully studied in order to give Georgia the best public buildings at a minimum expenditure of public funds.
SECTION 2
Establishment of Committee. There is hereby established a Committee to be known as "Contract Awarding Study Committee." This Committee shalll!onsist of five members: three members shall be members of the House of Representatives and shall be appointed by the Speaker of the House and two members shall be members of the Senate, appointed by the President of the Senate. In the conduct of its work, the Committee shall elect its own chairman and secretary and shall adopt such procedures as it chooses.
SECTION 3
Rights and Duties of Committee. It shall be the duty of this Committee to obtain and study all pertinent facts from within and outside the State with respect to methods and procedures of preparing plans and specifications, of taking bids and of awarding contracts for the expenditure of public funds for buildings in Georgia. This Committee shall report the results of its study to the General Assembly not later than December 31, 1952.

HR 268. By Messrs. Musgrove of Clinch, Scoggin of Floyd, Bolton of Spalding, and Barrett of Pike:
Whereas, it has come to the attention of this House that the father of one of our esteemed members, E. G. Harper, Spalding County, passed away on last Friday, January 25, 1952; and whereas this House is saddened to learn of the death of the father of our member;
Now, therefore, be it resolved that we do express to said E. G. Harper and the members of his family our sincerest and deepest sympathy in their bereavement;
And be it further resolved that a copy of this resolution be mailed to said E. G. Harper.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 tomorrow morning.

TUESDAY, JANUARY 29, 1952

1317

Representative Hall, Atlanta, Georgia. January 29, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain. By unanimous consent, the call of the roll was dispensed with.

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions.
2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in
any order he deems advisable.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:
HB 947. By Messrs. Twitty of Mitchell and Key of Jasper: A Bill to be entitled an Act to amend Section 22-1504 of the Code of Georgia of 1933, as amended, which restricts the rights of foreign corporations to own lands in this State, and for other purposes.
Referred to the Committee on Conservation.
HB 948. By Messrs. Pittard of Clarke and Dally of Walton: A Bill to be entitled an Act to amend an Act known as the Revenue Tax Act to legalize and control alcoholic beverages and liquors, and for other purposes.
Referred to the Committee on Tem;perance.
HB 949. By Messrs. Rogers of Heard, Tamplin of Morgan, Huddleston of

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Fayette, Biggers of Meriwether, Callier of Talbot, Coogle of Macon and many others:
A Bill to be entitled an Act to protect livestock and domestic animals from infection with rabies by wild animals; and for other purposes.
Referred to the Committee on General Agriculture #2.

HB 950. By Messrs. Matthews of Clarke, Overby of Hall, Dicus of Muscogee,
M. Smith of Fulton, Covington of Floyd, Abney of Walker, Ivey of Newton, and many others:
A Bill to be entitled an Act to declare as contraband and subject to confiscation and condemnation all vehicles and conveyances of every kind, all boats and vessels, and all vehicles for air transportation used in transporting, conveying, removing or storing any narcotic drugs, the possession, selling, storing or transporting of which has been declared illegal by the Uniform Narcotic Drug laws of this State, and for other purposes.
Refered to the Committee on General Judiciary #1.

HB 951. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to authorize and empower the Atlanta Bible Institute located in Atlanta, Georgia, to confer the degree of Bachelor of Arts in Biblical Education, and for other purposes.
Referred to the Committee on Education # 1.

HB 952. By Messrs. Walker of Telfair and Pickard of Muscogee:
A Bill to be entitled an Act to amend an Act relating to duration of tendancies, and for other purposes.
Referred to the Committee on General Judiciary #2.
HB 953. By Messrs. Kennedy of Turner and Owens of Tift:
A Bill to be entitled an Act to amend an Act relating to the regulation of the use of highways in this State, by providing that the load limits established by said Act shall not apply to the hauling of agricultural products from the place where harvested to the owner's residence, plantation or place of business in that or any adjoining county, and for other purposes.
Referred to the Committee on General Agriculture #2.

HB 954. By Mr. Terry of Murray:
A Bill to be entitled an Act to amend an Act known as the "General Appropriations Act" so as to provide an appropriation of $75,000 for development and improvement of Fort Mountain State Park; and for other purposes.
Referred to the Committee on Corporations.

HB 955. By Mr. Harris of Wayne County:

TUESDAY, JANUARY 29, 1952

1319

A Bill to be entitled an Act to amend the Act incorporating the City of Jesup, and for other purposes.
Referred to the Committee on Municipal Government.

HB 956. By Messrs. Pickard, Hollis and Dicus of Muscogee:
A Bill to be entitled an Act amending the Charter of the City of Columbus, relating to the members of the Commission of the City of Columbus, and for other purposes.
Referred to the Committee on Municipal Government.

HB 957. By Mr. Knight of Gordon:
A Bill to be entitled an Act to provide for the fees of the Coroner of Gordon County, and for other purposes.
Referred to the Committee on Municipal Government.

HB 958. By Messrs. Gowen and Nightingale of Glynn:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenue for Glynn County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 959. By Messrs. M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to counties having a population of 300,000 or more, such counties in connection with construction, repairs and maintenance of Roads within corporate limits of municipalities so as to permit completion of work authorized and started, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 960. By Mr. Greer of Lanier:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Lanier, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 961. By Mr. Russell of Barrow:
A Bill to be entitled an Act to confer upon the City of Winder the right, power and authority to operate gas distribution system both within and without the City of Winder, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 962. By Messrs. H. Smith and M. Smith of Fulton: A bill to be entitled an Act to amend the Charter of the City of Atlanta so as to authorize the use of a seal by the Mayor, and for other purposes.
Referred to the Committee on Municipal Government.

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JOURNAL OF THE HOUSE,

HR 262-962a. A resolution to require the Clerk of the Superior Court of Fulton
County to mark a certain execution issued on rule absolute satisfied, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 263-962b. By Mr. Scott of Thomas:
A resolution authorizing payment to Lieutenant Ben Grace for damages sustained in a collision with a State Highway truck, and for other purposes.
Referred to the Committee on Special Appropriations.

HB 963. By Mr. Rowland of Johnson:
A bill to be entitled an Act to repeal an Act relating to occupational diseases under the Workmen's Compensation Law of this State, and for other purposes.
Referred to the Committee on Industrial Relations.

HB 964. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to amend an Act to make appropriations for the operation of the State Government for the support of its eleemosynary institutions, for aid to the University System and to the Common schools of the State, and for other purposes.
Referred to the Committee on Corporations.
HB 965. By Messrs. Tumlin of Bartow, Bentley of Cobb, Wiggins of Stephens, Clary of McDuffie, Willingham of Lincoln, Greene of Crisp, Adams of Evans, and others:
A bill to be entitled an Act to regulate boat traffic upon the waters of this State, and for other purposes.
Referred to the Committee on General Judiciary # 2.
HB 966. By Messrs. Burgamy and Murr of Sumter:
A bill to be entitled an Act to amend an Act relating to parties to actions for torts so as to provide that if such party committing the injury shall have a remedy over against a third party arising either ex contracts or ex delicto, it shall be proper for the party injured to join such third party as codefendant in the action, in which event any judgment rendered shall be binding upon such third party in favor of the party injured to the extent of the liability of such third party to the party committing the injury, and for other purposes.
Referred to the Committee on General Judiciary # 1.
HB 967. By Messrs. Brooks of Oglethorpe, Smith of Emanuel and Freeman of Monroe:
A bill to be entitled an Act to authorize the State Board of Education

TUESDAY, JANUARY 29, 1952

1321

to appoint committees composed of members of the Board to travel and inspect the institutions under its jurisdiction and control, and for other purposes.
Referred to the Committee on Education # 1.

HR 264-967a. By Mr. Owens of Tift:
A resolution to provide compensation to W. B. Hitchcock for medical expenses incurred for injury received in a gun battle while in the line of duty on the Georgia State Patrol, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 265-967b. By Messrs. Carr and Britton of Whitfield:
A resolution proposing that the State Librarian be authorized to furnish the Clerk of the Superior Court of Whitfield County, a complete set of the Georgia Repmts and the Georgia Appeals Report, and for other purposes.
Referred to the Committee on Counties and County Matters.
HR 269-967f. By Messrs. Bell of Richmond and Bell of DeKalb:
A resolution proposing an amendment to authorize all counties having a population of more than 100,000, to enact ordinances, excepting speed limits, for the policing of said counties, for the levying of occupational license taxes, and for other purposes.
Referred to the Committee on Amendments to Constitution #2.
HR 270-967d. By Mr. Ball of Lamar:
A resolution to compensate Mrs. David Hugh Thomas for the loss of her husband and father of four minor children caused by serum furnished by the State Laboratory of the State of Georgia, and for other purposes.
Referred to the Committee on Special Appropriations.
HB 968. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act entitled an Act requiring all candidates for the General Assembly in counties having certain population 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.
Referred to the Committee on Counties and County Matters.

Mr. Tarbutton of Washington County, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker: Your Committee on Banks and Banking bas had under consideration the
following bills of the House and Senate and has instructed me as Chairman, to

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JOURNAL OF THE HOUSE,

report the same back to the House with the following recommendations: SB 239. Do Pass. SB 238. Do Pass. HB 870. Do Pass. Respectfully submitted, Tarbutton of Washington, Chairman.

Mr. Edenfield of Emanuel County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker: Your Committee on Conservation 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 872. Do Pass. HB 873. Do Pass.
Respectfully submitted, Edenfield of Emanuel, Chairman.

Mr. Duncan of Carroll County, Chairman of the Committee on Education
# 1, submitted the following report:
Mr. Speaker:
Your Committee on Education #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:
SB 198. Do Pass. SB 276. Do Pass. HB 946. Do Pass. HB 658. Do Not Pass. HB 655. Do Not Pass.
Respectfully submitted, Duncan of Carroll, Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General Judi-
ciary #1, submitted the following report:

TUESDAY, JANUARY 29, 1952

1323

Mr. Speaker: Your Committee on General Judiciary #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 714. Do Pass, by Committee Substitute. HB 944. Do Pass. HB 933. Do Pass. HB 613. Do Pass. HB 622. Do Pass. HB 627. Do Pass. HB 912. Do Pass. SB 242. Do Pass.
Respectfully submitted, Gowen of Glynn, Chairman.

Mr. Raulerson of Pierce 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SR 57. Do Not Pass. Respectfully submitted, Raulerson of Pierce,
Chairman.

Mr. Gillis of Treutlen 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 61. Do Pass.
HB 759. Do Pass. SB 224. Do Pass. HB 171. Do Not Pass.

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JOURNAL OF THE HOUSE,

HB 133. Do Not Pass. HB 281. Do Not Pass. HB 313. Do Not Pass. HB 481. Do Not Pass. HB 786. Do Not Pass. HB 867. Do Not Pass.

Respectfully submitted, Gillis of Treutlen, Chairman.

Mr. Barber of Colquitt 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:
HB 704. Do Pass. HB 810. Do Pass. HB 897. Do Pass. HB 898. Do Pass. HB 899. Do Pass. HB 904. Do Pass. HB 925. Do Pass. HB 927. Do Pass. HB 929. Do Pass. HB 938. Do Pass. HB 945. Do Pass. HB 802. Do Pass, as amended. SB 302. Do Pass.
Respectfully submitted, Barber of Colquitt, Chairman.

Mr. Henderson of Atkinson County, Chairman of the Committee on Public Property, submitted the following report:

TUESDAY, JANUARY 29, 1952

1325

Mr. Speaker:

Your Committee on Public Property has had under consideration the following resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 249-928a. Do Pass. HR 237-908f. Do Pass. HR 250-928f. Do Pass. HR 238-908g. Do Pass. HR 236-908e. Do Pass. HR 260-943b. Do Pass. SR 80. Do Pass.

Respectfully submitted, Henderson of Atkinson, Chairman.

Mr. Greer of Lanier County, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Public Welfare has had under consideration the following resolution and bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 214-830e. Do Pass. HB 643. Do Pass.
Respectfully submitted, Greer of Lanier, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the Senate and House to wit:
SB 172. By Senator Willingham of the 39th: A bill to amend Section 3-505 of the Code of Georgia by inserting in line 4 thereof between the word "action" and the word "for", the words "or cause of action", and for other purposes.

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JOURNAL OF THE HOUSE,

SB 173. By Senator Willingham of the 39th:
A bill to amend Section 105-1397 of the Code of Georgia of 1933, relating to who may recover for the homicide of a child, by striking the words "upon whom she or he is dependent, or who contributes to her or his support", and for other purposes.

SB 174. By Senator Willingham of the 39th:
A bill to provide for recovery of funeral, medical, and other expenses resulting from the injury and death from a c1ime or from criminal or other negligence, and for other purposes.

SB 252. By Senators Rawls of the lOth and Lancaster of the 28th:
A bill to amend Section 92-1403 of the Motor Fuel Tax Law to provide that the Motor Fuel Tax shall not be imposed upon gasoline used in aircraft motors, and for other purposes.

SB 266. By Senators Hayes of the 14th and Williams of the 49th:
A bill to require financial statements of county commissioners, county managers, or other persons or bodies having charge of receipts and expenditures of county monies to publish a financial statement each calendar year, and for other purposes.

SB 267. By Senator Millican of the 52nd:
A bill to amend the sales tax Act of 1951 by inserting in Section 3, subsection (c), paragraph 3, a provision that "Transportation" shall mean persons and not include tangible personal property, and for other purposes.

SB 277. By Senator Rawls of the lOth:
A bill to amend the Act known as the "Uniform Naroctic Drug Act" so as to define "marijauna"; to substitute the Georgia State Board of Pharmacy in place of the Commissioner of Agriculture to enforce said Act, and for other purposes.

SB 278. By Senators Williams of the 19th and Trotter of the 7th:
A bill to provide that all fees of Solicitors of City Courts, Justices of the Peace, Constables, Sheriffs, Clerks and Solicitors General shall be paid from fines imposed before any other claims have been paid, and for other purposes.

SB 285. By Senator Gould of the 4th:
A bill to amend Section 26-3002 of the Code of Georgia to provide that willfully going upon the land of another while bearing firearms shall constitute a misdemeanor under certain conditions, and for other purposes.

SB 286. By Senators Duncan of the 34th and Wilson of the 23rd: A bill to amend an Act approved March 27, 1941, (Ga. Laws 1941, p.

TUESDAY, JANUARY 29, 1952

1327

449), which is any Act governing and regulating the use of public roads and highways of this State, so as to provide that vehicles hauling bricks, tile bricks, concrete blocks, or other masonry, shall be equipped with sides and tail gates surrounding the entire load and extending vertically to the highest point of any load of said masonry; to repeal conflicting laws, and for other purposes.

SB 299. By Senators Hagan of the 17th, Gould of the 4th and Jones of the 22nd:
A bill to amend Section 73-222 of the Code of Georgia to provide that no used or reclaimed lubricating oils or lubricants shall be sold or offered for sale except in properly labeled containers, and for other purposes.

SB 303. By Senators Hawes of the 30th, Millican of the 52nd, Williams of the 21st, and Farr of the 42nd:
A bill to amend the Old Age Assistance Act to provide that no recipient of assistance payments shall be suspended or terminated due to children failing to return forms to the Department as to the childrens' ability to support parents, and for other purposes.

SB 307. By Senator Farrar of the 42nd:
A bill to amend the Act creating the office of Supervisor of Purchases to provide that a Supervisor of Purchases may contract directly for products of institutions operated by this State for relief of the blind without competitive bids, and for other purposes.

SB 315. By Senator Williams of the 19th:
A bill to amend Section 81-1001 of the Code relating to determination of sufficiency of pleadings by providing where the Court sustains any or all demurrers and allows time for filing an amendment, such judgment shall not be subject to exception or review, but the Court shall render judgment on the sufficiency of pleadings after the expiration of time allowed for amendment, and for other purposes.

HB 791. By Messrs. Vandiver and Clay of Bibb:
A bill to amend an Act approved March 2, 1933, as contained in the published Acts of 1933, pages 148 and 149 inclusive; which Act relates to the designation of a fiscal year by certain Counties; to change the population classification therein set forth, and for other purposes.

HB 754. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A bill to authorize Muscogee County to supplement the salary of the Judge of the Superior Courts of the Chattahoochee Circuit in an amount not to exceed Thirty-six Hundred Dollars ($3600.00) per annum, and for other purposes.

The following resolutions of the House were read and adopted:

HR 255. By Messrs. Ray of Warren, Twitty and Hand of Mitchell, and others: A resolution memorializing the President, the Congress of the United

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JOURNAL OF THE HOUSE,
States, and the Judiciary of the United States to uphold the Constitution of the United States.

HR 258. By Messrs. Duncan of Carroll, Dorsey of White, Dicus: af Muscogee, and others:
A resolution whereas, Twentieth Century Fox Pictures made a mat:ion picture "I'd Climb the Highest Mountain" in Georgia, and Whereas, the newspaper have reported that they are considering making a seqtrel to this picture in Georgia.

By unanimous consent, the following bills and resolutions of the House and Senate favorably reported, were read the second time:
HB 613. By Messrs. Bell of Richmond and Covington of Floyd: A bill to be entitled an Act to amend Section 71-107 of the Code of Georgia so as to provide that no seal is required to the attestation 6! deeds by notaries public, and for other purposes.
HB 643. By Mr. Burgamy of Sumter: A bill to be entitled an Act to repeal an Act providing for reeovery from the estate of a deceased recipient of assistance under the Old Age Assistance Act, and for other purposes.
HB 704. By Mr. Scott of Thomas: A bill to be entitled an Act to amend an Act so as to change the name of the Town of Pavo to the City of Pavo, and for other purposes..
HB 714. By Messrs. Owens of Tift, Wiggins of Stephens, and others: A bill to be entitled an Act to prohibit a felonious killer from eollecting insurance proceeds on the killed, and for other purposes_
HB 759. By Mr. Vandiver of Bibb: A bill to be entitled an Act to amend an Act relating to reckless driving, and for other purposes.
HB 802. By Messrs. Page and McGee of Chatham: A bill to be entitled an Act to amend an Act so as to permit the City of Savannah to erect and maintain parking buildings, and for other purposes.
HB 810. By Mr. Whitworth of Madison: A bill to be entitled an Act to amend an Act so as to increase the corporate limits of the City of Danielsville, and for other purposes.
HB 870. By Messrs. Lewis of Hancock and Best of Clay: A bill to be entitled an Act to amend Section 13-2048 of the 1933 Code

TUESDAY, JANUARY 29, 1952

1329

of Georgia relating to the payment of deposits of a deceased depositor, and for other purposes.

HB 872. By Messrs. Jordan of Wheeler, Gillis of Treutlen, and Langdale of Lowndes:
A bill to be entitled an Act to amend an Act so as to provide for forestry investigators, and for other purposes.

HB 873. By Messrs. Langdale of Lowndes, Jordan of Wheeler, and Gillis of Treutlen: A bill to be entitled an Act to authorize the purchase of airplanes for use in forest fire protection activities, and for other purposes.
HB 897. By Mr. Jordan of Wheeler: A bill to be entitled an Act to amend an Act so as to change the name of the Town of Almo to the City of Almo, and for other purposes.
HB 898. By Messrs. Covington, Scoggin, and Hall of Floyd: A bill to be entitled an Act to amend an Act establishing a city court in the County of Floyd, and for other purposes.
HB 899. By Mr. Jordan of Wheeler: A bill to be entitled an Act to amend an Act so as to change the name of the Town of Glenwood to the City of Glenwood, and for other purposes.
HB 904. By Mr. Todd of Glascock: A bill to be entitled an Act to amend an Act so as to provide new procedures in electing the mayor and councilmen of the City of Gibson, and for other purposes.
HB 912. By Mr. Gowen of Glynn: A bill to be entitled an Act regulating foreign corporations, and for other purposes.
HB 925. By Messrs. Gowen and Nightingale of Glynn: A bill to be entitled an Act to amend an Act so as to create a solicitor emeritus of the City Court of Brunswick, and for other purposes.
HB 927. By Messrs. Register and Langdale of Lowndes: A bill to be entitled an Act to ratify an ordinance of the mayor and council of the City of Lake Park in closing a certain alley, and for other purposes.
HB 929. By Messrs. White and Kelley of Gwinnett: A bill to be entitled an Act to amend an Act so as to change the salary of

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JOURNAL OF THE HOUSE, the judge of City Court of Buford, and for other purposes.

HB 933. By Messrs. Twitty of Mitchell and Gowen of Glynn:
A bill to be entitled an Act to abolish the fee system of paying the clerk of the Supreme Court, and for other purposes.

HB 938. By Mr. Ramsey of Effingham:
A bill to be entitled an Act to amend an Act so as to close a certain street in the City of Springfield, and for other purposes.

HB 944. By Messrs. Best of Clay, Gardner of Dougherty, and others:
A bill to be entitled an Act to amend an Act so as to prescribe the method of holding the election of the governing board of the Housing Authority, and for other purposes.
HB 945. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to incorporate the Town of East Dublin, and for other purposes.

HB 946. By Messrs. Lovett of Laurens, Scott of Thomas, and others:
A bill to be entitled an Act to amend an Act so as to change the population of the municipalities with independent school systems under the Minimum Foundation Program for Education, and for other purposes.

HR 214-830e. By Mr. Aycock of Jenkins:
A resolution requesting compensation for damages to Mrs. Maxie Hooks, and for other purposes.
HR 236-908e. By Mr. Jordan of Wheeler:
A resolution authorizing the sale of a house located at the Flowery Branch Nursery and operated by the Georgia Forestry Commission, and for other purposes.

HR 237-908f. By Messrs. Parker and Kidd of Baldwin, and Jordan of Wheeler:
A resolution proposing the transfer of certain land in Baldwin County from the Department of Public Welfare to the Georgia Forestry Commission, and for other purposes.

HR 238-908g. By Mr. Jordan of Wheeler:
A resolution proposing the transfer of certain land from the Department of State Parks to the Georgia Forestry Commission, and for other purposes.
HR 249-928a. By Mr. Mangum of Columbia:
A resolution proposing the creation of "Mistletoe State Park", and for other purposes.

TUESDAY, JANUARY 29, 1952

1331

HR 250-928b. By Messrs. McWhorter of DeKalb, Johnson of Hall, and others:
A resolution proposing the creation of Confederate Memorial Park at Stone Mountain, and for other purposes.

HR 260-943b. By Mr. Knight of Gordon:
A resolution proposing the creation of New Echota State Memorial Park in Gordon County, and for other purposes.

SB 61.

By Senator Williams of the 19th:
A bill to be entitled an Act to amend Section 68-9908 of the Code of Georgia of 1933 so as to provide for the punishment of persons convicted of driving motor vehicles under the influence of alcohol, and for other purposes.

SB 198. By Senators Coleman of the 18th and Harden of the 45th:
A bill to be entitled an Act to provide for the development and administration of vocational education programs, and for other purposes.

SB 224. By Senator Carlisle of the 7th:
A bill to be entitled an Act to amend an Act so as to change the speed limit for certain motor vehicles, and for other purposes.
SB 238. By Senators Peterson of the 16th, Grayson of the 1st, and others:
A bill to be entitled an Act to provide that banks and banking institutions shall be subject to taxation on an equal basis, and for other purposes.
SB 239. By Senators Peterson of the 16th, Williams of the 49th, and others: A bill to be entitled an Act to provide that the incorporation of trust companies shall be subject to the approval of the superintendent of banks, and for other purposes.
SB 242. By Senator Trotter of the 37th:
A bill to be entitled an Act to amend an Act so as to change the compensation of the official court reporter of the Coweta Judicial Circuit, and for other purposes.

SB 276. By Senators Rawls of the lOth, Connell of the 6th, and others:
A bill to be entitled an Act to amend an Act so as to provide that absence necessitated by the adoption of children shall not terminate the membership of teachers in the Teachers' Retirement System, and for other purposes.

SB 302. By Senator Dunn of the 8th:
A bill to be entitled an Act creating a new charter for the Town of Iron City, and for other purposes.

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JOURNAL OF THE HOUSE,

SR 80.

By Senator Dunn of the 8th:
A resolution proposing the creation of a state park in the area of the Jim Woodruff Reservoir in Seminole County, and for other purposes.

By unanimous consent, the following bills of the House and Senate were taken up for consideration and read the third time:
HB 919. By Mr. Alverson of Fulton: A bill to be entitled an Act to amend an Act so as to provide changes in eligibility for retirement of judges and solicitors of the criminal and civil courts of Fulton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 298. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide that employees of the pension systems for Fulton County shall be included in the classified service, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 297. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act so as to provide that certain counties shall furnish aid and pensions to members of police department, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 296. By Senator Millican of the 52nd:
A bill to be entitled an Act to authorize Commissioners of Roads and Revenues of Fulton County to provide group insurance for employees, and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 29, 1952

1333

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

SB 172. By Senator Willingham of the 39th:
A bill to be entitled an Act to amend an Act relating to the abatement and survival of Actions and Causes of Actions, and for other purposes.
Referred to the Committee on General Judiciary # 1.

SB 173. By Senator Willingham of the 39th:
A bill to be entitled an Act to amend an Act relating to the homicide of a child, and who may recover therefor, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 174. By Senator Willingham of the 39th:
A bill to be entitled an Act to provide for the recovery of funeral, medical and other necessary expenses resulting from the injury and death of a human being resulting from crime or from criminal negligence or other negligence, and providing that the personal representative of such deceased person may recover therefor, and for other purposes.
Referred to the Committee on General Judiciary #1.
SB 252. By Senators Rawls of the lOth and Lancaster of the 28th:
A bill to be entitled an Act to amend the Motor Fuel Tax Law; to provide that the motor fuel tax shall not be imposed upon gasoline used .exclusively in aircraft motors, and for other purposes.
Referred to the Committee on Ways and Means.
SB 266. By Senators Hayes of the 14th and Williams of the 49th:
A bill to be entitled an Act to require financial statements of County Commissioners, County Managers, or other persons or bodies having charge of receipts and expenditures of County moneys, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 267. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act known as "The Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the tax imposed upon transportation shall be limited to transportation of persons, and for other purposes.
Referred to the Committee on Ways and Means.
SB 277. By Senator Rawls of the lOth:
A bill to be entitled an Act to amend an Act known as the "Uniform Narcotic Drug Act", so as to define "marijuana"; etc., and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to the Committee on Hygiene and Sanitation.

SB 278. By Senators Williams of the 19th and Trotter of the 37th:
A bill to be entitled an Act to provide that all claims for fees for solicitors of city courts, justices of the peace, constables, sheriffs, clerks and solicitors general shall be paid from the fines imposed in criminal cases before any other claims have been paid, and for other purposes.
Referred to the Committee on General Judiciary #1.

SB 285. By Senator Gould of the 4th:
A bill to be entitled an Act to amend an Act which sets out the necessary elements of the misdemeanor or wilful trespass on the lands of another, and for other purposes.
Referred to the Committee on Game and Fish.
SB 286. By Senators Duncan of the 34th and Wilson of the 23rd:
A bill to be entitled an Act to amend an Act governing and regulating the use of public roads and highways of this State, so as to provide that vehicles hauling bricks, tile bricks, etc., shall be equipped with sides and tail gates surrounding the entire load and extending vertically to the highest point of any load of said masonry, and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 299. By Senators Hagan of the 17th, Gould of the 4th and Jones of the 22nd:
A bill to be entitled an Act to amend an Act providing that no used or reclaimed lubricating oil or lubricants shall be sold or offered for sale except in properly labeled containers, and for other purposes.
Referred to the Committee on Motor Vehicles.
SB 303. By Senators Hawes of the 30th, Millican of the 52nd, Williams of the 21st and Farrar of the 42nd:
A bill to be entitled an Act to amend an Act known as the "Old Age Assistance Act" so as to provide that no recipient of assistance payments shall be suspended or terminated due to children failing to return forms made by the department as to the children's ability to support parents, and for other purposes.
Referred to the Committee on State of Republic.

SB 307. By Senator Farrar of the 42nd:
A bill to be entitled an Act to amend an Act which created the Office of Supervisor of Purchases within the Executive Department, so as to provide that said Supervisor of Purchases may contract directly for products of institutions operated by this State for the relief of the blind rather than by contract based on competitive bids, and for other purposes.
Referred to the Committee on General Judiciary #1.

TUESDAY, JANUARY 29, 1952

1335

SB 315. By Senator Williams of the 19th:
A bill to be entitled an Act to amend an. Act relating to determination of sufficiency of pleadings by providing where the Court sustains any or all demurrers and allows time for filing an amendment, such judgment shall not be subject to exception or review, but the Court shall render judgment on the sufficiency of pleadings after the expiration of time allowed for amendment, and for other purposes.
Referred to the Committee on General Judiciary #2.

Mr. Pickett of Pickens moved that the House reconsider its action in failing to adopt the following resolution of the House:

HR 79-361d. By Mr. Pickett of Pickens:
A resolution requesting compensation for damages to Willis Rackley, and for other purposes.
The motion to reconsider prevailed, and the resolution was placed at the foot of the calendar following HB 915.

Mr. McCracken of Jefferson moved that the House reconsider its action in failing to pass the following bill of the House:

HB 769. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act so as to provide that certain conveyances of certain common carriers transporting school children need not be marked "school bus", and for other purposes.
The motion to reconsider prevailed, and the bill was placed at the foot of the calendar following HB 915.

Mr. Neville of Bulloch moved that the House reconsider its action in failing to pass the following bill of the Senate:

SB 249. By Senator Williams of the 49th:
A bill to be entitled an Act to amend Section 32-903 of the Code of Georgia so as to provide that districts comprising more than one-fifth of a county's population shall select two members of the Board of Education from such militia district, and for other purposes.
The motion to reconsider prevailed, and the bill was placed at the foot of the calendar following HB 915.
Mr. Bell of DeKalb moved that the House reconsider its action in failing to pass the following bill of the House:

HB 101. By Messrs. Mackay, McWhorter, and Bell of DeKalb:
A bill to be entitled an Act to provide for the creation of the office of judge of the city court emeritus, and for other purposes.
On the motion to reconsider, the ayes were 93, nays 22.

1336

JOURNAL OF THE HOUSE,

The motion prevailed and the bill was placed at the foot of the calendar following HB 915.

Mr. Musgrove of Clinch asked unanimous consent that the following resolution of the House be withdrawn from Committee on Public Highways #2, read the second time and recommitted to the Committee on Public Highways #2.

HR 234-908c. By Mr. Musgrove of Clinch:
A resolution proposing that a certain portion of highway in Clinch County be designated as the "Matthew H. Hughes Highway", and for other purposes.
The unanimous consent request was granted and the resolution was withdrawn from Committee on Public Highways #2, read the second time and recommitted to the Committee on Public Highways #2.
Mr. McGee of Chatham asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government:

HB 738. By Messrs. McGee and Page of Chatham:
A bill to be entitled an Act to amend an Act creating the charter of the City of Savannah, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government.
Dr. Smith of Bryan arose to a point of personal privilege and addressed the House.

Under the regular order of business, the following bills of the Senate were taken up for consideration and read the third time:
SB 8. By Senators Rawls of the lOth, Connell of the 6th and others:
A bill to be entitled an Act to establish a program of assistance to the totally and permanently disabled, and for other purposes.
The following Committee amendments were read and adopted:
The Committee on State of Republic moves to amend SB 8 by striking the following words at the end of the last paragraph of Section 1: "and who has been determined not to be feasible for rehabilitation". So that said section as amended shall read as follows:
"The term Totally and Permanently Disabled means any person not less than 18 years of age and not more than 65 years of age who has medically demonstrable disability which is permanent and which renders him incapable of performing any gainful occupation within his competence."
The Committee on State of Republic moves to amend Section 3 of SB 8 by striking the words "sum of $50.00 per month to each recipient" and substituting

TUESDAY, JANUARY 29, 1952

1337

in lieu thereof "maximum allowed by Federal Law". So that said section as amended shall read as follows:
Section 3. Amount of assistance. The amount of assistance which any person shall receive, shall be determined by the County Department with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case and in accordance with the rules and regulations made by the State Department, and shall be sufficient when added to all other income and support of the recipient, to provide such person with reasonable subsistance compatible with decency and health, provided, however, that such amount of assistance shall in no event exceed the maximum allowed by Federal law.

The Committee on State of Republic moves to amend SB 8 by striking Section 18 and substituting in lieu thereof the following:
Section 18. Effective Date. This Act shall take effect upon executive order of the Governor.
The Committee on State of Republic moves to amend SB 8 by striking Section 17 in its entirety. Said section reads as follows:
Section 17. All records of the State and County Welfare Departments relating to applications for assistance, investigations of such applications, the determinations of assistance, awards, and the names and addresses of assistance recipients, shall be kept strictly confidential and used solely for the purposes directly related to the administration of public assistance and shall not be available for public inspection nor may they be obtained by court subpoena or otherwise, except be treated as a misdemeanor and shall be punishable accordingly.
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 133, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 236. By Senators Rawls of the lOth and Connell of the 6th:
A bill to be entitled an Act to provide for the election of electors of President and Vice-President of the United States, and for other purposes.
Mr. Wood of Bibb moved that the bill be recommitted to the Committee on State of Republic with instructions to add certain provisions to said bill.
On the motion, Mr. Lovett of Laurens moved the previous question and the motion for the previous question prevailed.
The motion to recommit was lost.
Mr. Twitty of Mitchell moved the previous question on the bill, all amendments, and substitutes, and the motion prevailed.
The following amendment was read and adopted:

1338

JOURNAL OF THE HOUSE,

Mr. Owens of Tift moves to amend SB 236 as follows: By inserting at the end of the next to the last sentence of Section 4 of said bill the following:
"Provided, there shall be at least one Party's candidate for Presidential Elector selected and certified from each congressional district of the State".

The following amendments were read and lost:
Messrs. Hollis of Muscogee and Pafe of Chatham move to amend SB 236 by adding at the end of the next to last sentence of Section 6 the following proviso:
"Provided, however, if the State Executive Committee nominating a list of candidates for electors shall so request at the time of filing such list, the names of the candidates for President and Vice-President nominated by such political party shall be placed on the ballot at the head of the list of such electors,"
and by adding at the end of Section 9 the following:
"Except at the express request of the State Executive Committee nominating such candidate for President or Vice-President."

Messrs. Page of Chatham and Hollis of Muscogee move to amend SB 236 by striking from Section 5 the proviso at the end thereof and substituting therefor the following proviso:
"Provided, however, that no petition for the qualification of candidates for Presidential Electors, either as individuals or as party nominees, shall be sufficient unless it shall be signed by at least 50 registered voters from each of at least 50 counties in this State."

Mr. Nightingale of Glynn moves to amend SB 236, and Section 8 thereof as follows:
By striking from the last sentence of said Section the words: "shall be final," and after the words "on any such question" and before the words "shall be followed by the Governor".

The following amendment was read:
Mr. Nightingale of Glynn moves to amend SB 236, and Section 8 thereof, as follows:
By striking the word "and" in the first sentence thereof after the words "Secretary of State" and substituting a comma; and in the same sentence by adding after the words "Attorney General" a comma, and as well the words "State Treasurer and Chief Justice of the Supreme Court of Georgia".
On the adoption of the amendment, the ayes were 54, nays 87.
The amendment was lost.

The following amendment was read:
Mr. Nightingale of Glynn moves to amend SB 236, and Section 8 thereof, as follows:
By adding at the end of said Section the following:

TUESDAY, JANUARY 29, 1952

1339

"Said Board shall keep accurate, complete and detailed written records of all of its proceedings, meetings, resolutions, actions and decisions, which shall be kept by the Secretary of State as Secretary of said Board, and such written records shall be open to public inspection at all reasonable times and hours. The failure to make and keep such records shall make any unrecorded action or decision of the Board void and of no effect".
The amendment was lost.

The following amendment was read and adopted:
Mr. Twitty of Mitchell moves to amend Senate Bill 236 by striking the last sentence of Section 5 and inserting in lieu thereof:
"Provided, however, that no petition for the qualifications of candidates for presidential electors, either as individuals or as party nominees'shall be sufficient unless it shall be signed by at least 200 registered voters residing in each of at least 100 different counties of the State".

The following substitute to SB 236 was read: By Messrs. Freeman of Monroe and Fears of Butts:

A BILL
To be entitled an Act to amend Code Section 34-1904 of the Georgia Code Annotated by adding a proviso to the end of said section giving the Governor of this State the right to certify and have placed on the ballot for the General election a slate of unpledged and uninstructed electors, and for other purposes.
"Provided nevertheless that in addition to the regular party presidential electors provided above the Governor of this state may certify and have placed on the general election ballot a slate of unpledged and and uninstructed presidential electors without having to place the name of any candidate for President or Vice President or the name of any party, at the head of said list."
On the adoption of the substitute, Mr. Twitty of Mitchell 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.:

Abney of Catoosa Abney of Walker Adams of Upson Alverson Barber of Colquitt Barber of Jackson Baughman Bell of DeKalb Bell of Richmond Bentley Biggers

Birdsong Boggus Bolton Brantley Britton Burgamy Carr Clark Claxton Clay Coogle

Cornelius Covington Cranford Dally Deen Dicus Dorsey Duncan Durden Fears Freeman

1340

JOURNAL OF THE HOUSE,

Gowen
Green of Cherokee
Green of Irwin
Greer
Griffith Groover Guthrie Hale Hall of Toombs Harper Henderson Holley Hollis Jessup Johnson of Hall Kelley Kemp King Knight Lam Langdale Leach

Lewis of Greene
Little
McGee McWhorter
Mackay Mull Murphy Murr Musgrove Neville Nightingale Otwell Owens Page Parker Perkins Pickard Pittard Register Robe1tson of Coweta Robertson of Dawson Rogers

Rowland
Scott Simmons
Smiley
M. M. Smith of Fulton Hoke Smith of Fulton Stewart Sumner Tamplin Tarpley Vandiver Waldrop Weems Wiggins Wilkes Williams of Cobb Williams of Houston Wood Wooten Wright.

Those voting in the negative were Messrs.:

Adams of Brantley Adams of Evans Aycock Ball Bargeron Barrett Battles Beasley Best Black Boone Brannen Brazeal Burkett Byrd Callier Campbell of Oconee Campbell of Walker Cates Clary Coffin Deason Denton Dews Durham Edenfield Flynt Gardner Garrad Gary Gillis

Graham Green of Rabun Greene of Crisp Hadden Hall of Floyd Harris Hawkins Herrin Hilton Hood Hopkins Huddleston Ivey Jackson Jolly Jones of Lumpkin Jordan Kennedy Key Kidd Kitchens Lanier Lavender Lewis of Hancock Lovett McCracken McGarity McKelvey Mangum Mims Mishoe

Nelson Newman Overby Peacock Pickett Ramsey Raulerson Ray Risner Rollins Russell Scoggin Sivell Smith of Bryan Smith of Emanuel Stephens of Towns Stevens of Marion Stocks Tarbutton Terry Tillman Tippens Todd Trapnell Turk Twitty Ursrey Vickers Walker of Crawford Walker of Telfair Wheeler

TUESDAY, JANUARY 29, 1952

1341

White Whitworth

Wilkerson Willingham

Mr. Speaker

Those not voting were Messrs.: Brooks, Harrell, Johnston, Jones of Bartow, Matthews, Sheffield, Short, Tumlin, Warren, and Willis.
The roll call was verified.
On the adoption of the substitute, the ayes were 97, nays 98. The substitute was lost.

Mr. Freeman of Monroe moved that the House reconsider its action in failing to adopt the substitute to SB 236.
On the motion to reconsider, the ayes were 88, nays 80.
The motion to reconsider prevailed.

Mr. Twitty of Mitchell moved that the House do now adjourn, and the motion was lost.

Mr. Greer of Lanier moved that further consideration of the bill be postponed indefinitely.
The motion to indefinitely postpone was withdrawn.
On the adoption of the substitute offered by Messrs. Freeman of Monroe and Fears of Butts, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs. :

Abney of Catoosa Abney of Walker Adams of Upson Alverson Barber of Colquitt Barber of Jackson Baughman Bell of DeKalb Bell of Richmond Bentley Biggers Birdsong Bolton Brantley Britton Burgamy Carr Clark Claxton Clay Coogle Cornelius Cranford Dally De en

Dicus Dorsey Duncan Durden Fears Freeman Gowen Green of Cherokee Greer Griffith Groover Guthrie Hale Harper Henderson Holley Hollis Jessup Johnson of Hall Kelley Kemp King Knight Lam Langdale

Leach Lewis of Greene Little McGee McKelvey McWhorter Mackay Mull Murphy Murr Musgrove Neville Nightingale Otwell Owens Page Parker Perkins Pickard Pittard Register Robertson of Coweta Robertson of Dawson Rogers Scott

1342

JOURNAL OF THE HOUSE,

Short Simmons Smiley M. M. Smith of Fulton Hoke Smith of Fulton Stewart Sumner

Tamplin Tarpley Vandiver Waldrop Weems Wiggins Wilkes

Williams of Cobb Williams of Houston Wood Wooten Wright

Those voting in the negative were Messrs.:

Adams of Brantley Adams of Evans Aycock Ball Bargeron Barrett Battles Beasley Best Black Boggus Boone Brannen Brazeal Burkett Byrd Callier Campbell of Oconee Campbell of Walker Cates Clary Coffin Covington Deason Denton Dews Durham Edenfield Flynt Gardner Garrard Gary Gillis Graham

Green of Irwin Green of Rabun Greene of Crisp Hadden Hall of Floyd Harris Hawkins Herrin Hilton Hood Hopkins Huddleston Ivey Jackson Jolly Jones of Lumpkin Jordan Kennedy Key Kidd Kitchens Lanier Lavender Lewis of Hancock Lovett McCracken McGarity Mangum Mims Mishoe Nelson Newman Overby Peacock

Pickett Ramsey Raulerson Ray Risner Rollins Rowland Russell Scoggin Sivell Smith of Bryan Smith of Emanuel Stephens of Towns Stevens of Marion Stocks Tarbutton Terry Tillman Tippens Todd Trapnell Turk Twitty Ursrey Vickers Walker of Crawford Walker of Telfair Vlarren Wheeler White Whitworth Wilkinson Willingham

Those not voting were Messrs.: Brooks, Hall of Toombs, Harrell, Johnston, Jones of Bartow, Matthews, Sheffield, Tumlin, Willis, and Mr. Speaker.
The roll call was verified.
On the adoption of the substitute, the ayes were 94, nays 101. The substitute was lost. A substitute offered by Messrs. Bell of Richmond and Greer of Lanier was withdrawn.
The report of the committee, which was favorable to the passage of the

TUESDAY, JANUARY 29, 1952

1343

bill, was agreed to, as amended.
On the passage of the bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Brantley Adams of Evans Aycock Ball Bargeron Barrett Battles Beasley Best Black Boone Brannen Brazeal Brooks Burkett Callier Campbell of Oconee Campbell of Walker Cates Coffin Coogle Covington Deason Denton Dews Durham Edenfield Flynt Gardner Garrard Gary Gillis Graham Green of Irwin Green of Rabun

Greene of Crisp Guthrie Hadden Hall of Floyd Harris Hawkins Herrin Hilton Hood Hopkins Huddleston Jackson Jessup Jolly Jones of Lumpkin Jordan Kennedy Key Kidd Kitchens Langdale Lanier Lavender Leach Lewis of Hancock Lovett McCracken McGarity Mangum Mims Mishoe Mull Murr Neville

Those voting in the negative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Upson Alverson Barber of Colquitt Barber of Jackson Baughman Bell of DeKalb Bell of Richmond Bentley Biggers Birdsong

Boggus Bolton Brantley Britton Burgamy Byrd Carr Clark Clary Claxton Clay Cornelius

Newman Overby Pickett Ramsey Raulerson Ray Risner Rollins Rowland Russell Scoggin Sivell Smiley Smith of Bryan Smith of Emanuel Stephens of Towns Etevens of Marion Stocks Tarbutton Terry Tillman Tippens Todd Trapnell Turk Twitty Ursrey Vickers Walker of Telfair Warren Wheeler White Whitworth Wilkinson Willingham
Cranford Dally Deen Dicus Dorsey Duncan Durden Fears Freeman Gowen Green of Cherokee Greer

1344

JOURNAL OF THE HOUSE,

Griffith Groover Hale Hall of Toombs Harper Henderson Holley Hollis Ivey Johnson of Hall Kelley King Knight Lam Lewis of Greene Little McGee McKelvey McWhorter

Mackay Matthews Murphy Musgrove Nelson Nightingale Otwell Owens Page Parker Perkins Pickard Pittard Register Robertson of Coweta Robertson of Dawson Rogers Scott Short

Simmons M. M. Smith of Fulton Hoke Smith of Fulton Stewart Sumner Tamplin Tarpley Vandiver Waldrop Walker of Crawford Vleems Wiggins Wilkes Williams of Cobb Williams of Houston Wood Wooten Wright

Those not voting were Messrs.: Harrell, Johnston, Jones of Bartow, Kemp, Peacock, Sheffield, Tumlin, Willis, and Mr. Speaker.
The roll call was verified.
On the passage of the bill, as amended, the ayes were 104, nays 92.
The bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Freeman of Monroe gave notice that at the proper time he would move that the House reconsider its action in passing SB 236.

The Speaker announced the following Standing Committee assignment:

State of Georgia

House of Representatives

Atlanta, Ga.

Fred Hand, Speaker

January 29, 1952

Mr. Joe Boone Clerk, House of Representatives State Capitol Atlanta, Georgia

Dear Joe:

The name of W. L. Abney of Walker County has been added to the list of members on the Special Judiciary Committee.

FH:dl

Very truly yours, Fred Hand, Speaker.

TUESDAY, JANUARY 29, 1952

1345

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.

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

1346

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia, January 30, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions.
3. Reports of standing committees.
4. Second reading of bills and resolutions favorably reported.
5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions.
7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:
HB 969. By Messrs. Rogers of Heard, Biggers of Meriwether, McGarity of Henry, Lam of Troup, Murr of Sumter and Ursrey of Jeff Davis:
A Bill to be entitled an Act to amend an Act known as the "General Appropriations Act", so as to appropriate $100,000 additional funds to the Agriculture Department for the purpose of controlling and exterminating rabies in foxes and other wild animals, and for other purposes.
Referred to the Committee on Appropriations.
HB 970. By Mr. Adams of Upson:
A Bill to be entitled an Act to amend an Act known as the Old Age Assistance Act; to provide for the responsibility of financially able children to support needy parents applying for old age assistance and for recovery of any assistance paid in cases involving children, and for other purposes.

WEDNESDAY, JANUARY 30, 1952 Referred to the Committee on State of Republic.

1347

HB 971. By Messrs. Smith of Emanuel, Ray of Warren and Key of Jasper:
A Bill to validate and declare legal the creation and establishment of housing authorities, all bonds, notes, contracts, agreements, obligations and undertakings of said housing authorities, and for other purposes.
Referred to the Committee on State of Republic.

HB 972. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to regulate and control service charges, late charges, expenses, insurance and practices relating to installment loans and the purchases of debts and loans repayable in installments, and the use of instructions, charts, agreements and separate instruments in connection therewith; and for other purposes.
Referred to the Committee on General Judiciary No. 2.

HB 973. By Mess1s. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to ratify and confirm the action of the Mayor and Council of the City of Macon, closing of certain streets, and for other purposes.
Referred to the Committee on Municipal Government.

HB 974. By Messrs. Register and Langdale of Lowndes:
A Bill to be entitled an Act to amend an Act which created a Board of Commissioners of Roads and Revenues for Lowndes County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 975. By Mr. Jessup of Bleckley:
A Bill to be entitled an Act to amend an Act creating the City of Cochran, and for other purposes.
Referred to the Committee on Municipal Government.

HB 976. By Messrs. Langdale and Register of Lowndes: A Bill to be entitled an Act to amend an Act creating the City Court of Valdosta, and for other purposes.
Referred to the Committee on Municipal Government.
HR 271-976a. By Mr. Tamplin of Morgan: A Resolution authorizing payment for damages to an automobile owned by Mr. Bruce F. Allen, and for other purposes.
Referred to the Committee on Special Appropriations.
HR 272-976b. By Messrs. Hand of Mitchell and Gowen of Glynn:

1348

JOURNAL OF THE HOUSE,

A Resolution providing for the designation of a Commission to have prepared for adoption a new Revised Code of the laws of the State of Georgia, and for other purposes.
Referred to the Committee on General Judiciary No. 1.

HR 273-976c. By Messrs. Burkett and Vickers of Coffee:
A Resolution to compensate Mr. Henry A. Wiggs for damage to his automobile when inmates of the State Department of Corrections backed a State owned truck into the parked automobile of Henry A. Wiggs, and for other purposes.
Referred to the Committee on Special Appropriations.

liB 977. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to repeal Code Section 9-617, Chapter 9-6 of the Code of 1933, which provides as follows: "Where attorneys retain in their hands the money of their clients after it has been demanded," and for other purposes.
Referred to the Committee on General Judiciary No. 1.
HB 978. By Mr. Tarpley of Union:
A Bill to be entitled an Act to provide that Sheriffs in all counties of this State with certain population shall have a supplemental salary in addition to the fees and other compensation, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 979. By Mr. Hood of Chatham:
A Bill to be entitled an Act to provide that the Secretary of the Board of Commissioners of the Department of Commerce shall receive an annual subsistence allowance of $1,500.00 in addition to all other expenses; and for other purposes.
Referred to the Committee on State of Republic.

Mr. Alverson of Fulton 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 follo,ving recommendations:
HB 939. Do Pass.

HB 940. HB 943. SB 306. SB 320.

Do Pass. Do Pass. Do Pass. Do Pass.

WEDNESDAY, JANUARY 30, 1952

1349

SB 321. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Alverson of Fulton 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 considera-
tion 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 958. Do Pass. HB 96'0. Do Pass. HB 961. Do Pass.
HR 262-962a. Do Pass. HR 265-967b. Do Pass. HB 968. Do Pass. SB 266. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Langdale of Lowndes 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 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:
HB 775. Do Pass, as Amended.
HB 934. Do Pass.
SR 91. Do Pass.
SB 294. Do Pass.
SB 285. Do Pass.
Respectfully submitted, Langdale of Lowndes, Chairman.

1350

JOURNAL OF THE HOUSE,

Mr. Gowen of Glynn 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 950. Do Pass. SB 173. Do Pass, by Committee Substitute. HB 966. Do Pass. SB 221. Do Pass. HB 838. Do Pass, by Substitute.
Respectfully submitted, Gowen of Glynn, Chairman.

Mr. Smith of Bryan 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 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:
HR 194-810g. Do Pass.
SB 232. Do Pass. SB 247. Do Not Pass.
Respectfully submitted,
Smith of Bryan,
Chairman.

Mr. Barber of Columbia 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 941. Do Pass.
HB 942. Do Pass.
HB 955. Do Pass.

WEDNESDAY, JANUARY 30, 1952

1351

HB 956. Do Pass. HB 957. Do Pass. HB 738. Do Pass, by Substitute.
Respectfully submitted, Barber of Colquitt, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 644. Do Pass. HB 776. Do Pass. HB 862. Do Pass. HB 888. Do Pass. SB 229. Do Not Pass. SB 251. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the follow-
ing bills and resolutions of the House and Senate to wit:
SB 319. By Senator Farrar of the 42nd: A bill to amend the Old Age Assistance Act to provide for retroactive payments to a recipient where payments have been suspended pending appeal; and for other purposes.
SB 322. By Senators Carlisle of the 7th, Dunn of the 8th and Rawls of the lOth: A bill that any person who shall communicate to any virtuous female by writing or printing any obscene or vulgar language or improper proposals shall be guilty of a felony; and for other purposes.
bB 323. By Senators Carlisle of the 7th, Dunn of the 8th and Rawls of the lOth:

1352

JOURNAL OF THE HOUSE,

A bill to amend Section 26-6303 of the Code relating to obscene language so as to remove the provision relating or communicating to any virtuous female any obscene or vulgar language or improper proposal; and for other purposes.

SB 330. By Senator Millican of the 52nd:
A bill to make it unlawful for any person to have or possess a still or apparatus for manufacturing intoxicating liquors except the person authorized by law to do so; to provide the owner of premises where any such still or apparatus is located shall be guilty of a misdemeanor where he knowingly permits such apparatus to be placed on his premises, and the burden of proof shall be upon the owner of such premises to show his want of knowledge of the presence of such apparatus on his property; and for other purposes.

SB 332. By Senators Millican of the 52nd, Hawes of the 30th, Farrar of the 42nd and Williams of the 21st:
A bill to amend the Aid to Dependent Children Act to provide any parent recipient of Aid to Dependent Children shall be permitted to have an amount not to exceed $600.00 in cash or savings for purpose of taking care of unexpected illness or other unforeseen happenings; and for other purposes.

qB 333. By Senators Millican of the 52nd, Hawes of the 30th, Farrar nf tho 42nd and Williams of the 21st:
A bill to amend the Aid to the Blind Act to provide that any recipient of Aid to the Blind may have an amount not to exceed $600.00 in cash or savings to take care of unexpected illness or other unforeseen happenings; and for other purposes.

SB 334. By Senators Millican of the 52nd, Hawes of the 30th, Farrar of the 42nd and Williams of the 21st:
A bill to amend the Old Age Assistance Act to provide any recipient of Old Age Assistance may have an amount not to exceed $600.00 in cash or savings to take care of unexpected illness or other unforeseen happenings; and for other purposes.

SB 338. By Senator Mashburn of the 33rd:
A bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Forsyth County so as to raise the salaries of the Board of Commissioners and the Clerk thereof; and for other purposes.

SB 340. By Senator Millican of the 52nd:
A bill to amend the Act creating the Civil Court of Fulton County to provide for a deposit of $3.00 as costs with each proceeding filed; and for other purposes.

SB 341. By Senator Millican of the 52nd:
A bill to amend the Act establishing a Metropolitan Plannmg Commission for Fulton and DeKalb Counties to change the basis on which

WEDNESDAY, JANUARY 30, 1952

1353

funds shall be provided by the City of Atlanta and by Fulton and DeKalb Counties for the operation of the Board; and for other purposes.

SB 345. By Senators Carlisle of the 7th, and Connell of the 6th:
A bill to amend the Act creating the positions of Judges Emeritus of the Court of Appeals to provide that Judges Emeritus shall receive compensation and allowances equal to two-thirds of compensations and allowances provided for a Judge of the Court of Appeals; and for other purposes.

SB 346. By Senators Carlisle of the 7th and Connell of the 6th:
A bill to amend the Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, to provide that compensation and allowance to the Chief Justice Emeritus shall be two-thirds of the compensation and allowances provided by law for Chief Justice of the Supreme Court; and for other purposes.

SB 350. By Senator Mavity of the 44th:
A bill to amend the Charter of the City of Rossville, to authorize the City of Rossville to construct an intercepter sewer and other sewers, to connect with sewers of the City of Chattanooga; to provide for revenue anticipation certificates for construction of said sewers; and for other purposes.

HB 799. By Mr. Risner of Hart:
A bill to amend an Act, approved January 31, 1946 (Ga. Laws 1946, p. 260), entitled "An Act to create the office of Commissioner of Roads and Bridges for Hart County," as amended, by increasing the term of office of said Commissioner from two to four years; to provide when such change is to become effective; and for other purposes.

HB 824. By Messrs. Scoggin and Covington of Floyd, and others:
A bill to amend an Act entitled "An Act providing for a supplement to the annual salary now provided by law for the Judge of the Superior Court of the Rome Judicial Circuit; to provide the amount thereof and to provide the method and means of payment; to repeal conflicting laws; and for other purposes.", approved FebruarY, 21, 1951 (Ga. Laws 1951, p. 390); and for other purposes.

HB 827. By Mr. Robertson of Dawson:
A bill to repeal an Act entitled "An Act to creat a Board of Commissioners of Roads and Revenues for the County of Dawson; to define the powers and duties of said Board; to fix the qualifications, term of office and compensation of members of said Board; to provide for the election of successors; and for other purposes," approved August 25, 1925 (Ga. Laws 1925, p. 607); and for other purposes.

By unanimous consent, the following bills and resolutions of the House and

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Senate, favorably reported, were read the second time:

HB 644. By Messrs. McCracken of Jefferson, Matthews of Clarke, and others:
A bill to be entitled an Act to provide a contingent expense allowance to members of the Public Service Commission, and for other purposes.

HB 775. By Messrs. Smith of Fulton and Matthews of Clarke:
A bill to be entitled an Act to prohibit the sale of fresh water game fish, and for other purposes.

HB 776. By Mr. Kidd of Baldwin:
A bill to be entitled an Act to amend an Act so as to provide for the care of mentally diseased prisoners; and for other purposes.

HB 838. By Messrs. Burgamy and Murr of Sumter:.
A bill to be entitled an Act to declare a misdemeanor the inclusion of a clause in a contract specifying that the time for bringing suit on such contract is less than that provided by law, and for other purposes.

HB 862. By Dr. Smith of Bryan:
A bill to be entitled an Act to repeal an Act known as the Voters Registration Law, to reenact same, and for other purposes.

HB 888. By Messrs. Ray of Warren, Smith of Emanuel, and Key of Jasper:
A bill to be entitled an Act to provide for the effect of permission to the debtor to use the proceeds of any mortgaged property as security for any debt, and for other purposes.

HB 934. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to amend an Act relating to gambling on any sport or athletic contest, and for other purposes.

HB 939. By Mr. Coogle of Macon:
A bill to be entitled an Act to amend an Act providing a commission of one. and one-half percent of the net amount collected by the tax collector to be paid the tax receiver of ad valorem school tax in certain counties, and for other purposes.

HB 940. By Mr. Sheffield of Brooks:
A bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Brooks County into the office of tax commissioner, and for other purposes.

HB 941. By Messrs. Williams and Bentley of Cobb:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, and for other purposes.

WEDNESDAY, JANUARY 30, 1952

1355

HB 942. By Messrs. Williams and Bentley of Cobb:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, and for other purposes.

HB 943. By Messrs. Trapnell and Neville of Bulloch:
A bill to be entitled an Act to provide that the coroner in certain counties shall be compensated on a salary basis, and for other purposes.

HB 950. By Messrs. Matthews of Clarke, Overby of Hall, and others:
A bill to be entitled an Act to provide for the confiscation of conveyances transporting narcotic drugs, and for other purposes.

HB 955. By Mr. Harris of Wayne:
A bill to be entitled an Act to amend an act incorporating the City of Jesup, ai!d for other purposes.

HB 956. By Messrs. Pickard, Hollis, and Dicus of Muscogee:
A bill to be entitled an Act to amend an Act so as to change the com-
pensation of the mayor and members of the commission of the City of Columbus, and for other purposes.

HB 957. By Mr. Knight of Gordon:
A bill to be entitled an Act to provide for the fees of the coroner of Gordon County, and for other purposes.

HB 958. By Messrs. Gowen of Glynn and Nightingale of Glynn:
A bill to be entitled an Act to amend an Act so as to supplement the present compensation of the coroner of Glynn County, and for other purposes.

HB 960. By Mr. Greer of Lanier:
A bill to be entitled an Act to amend an Act so as to provide for the fixing of the salary of the clerk of the board of commissioners of roads and revenues of Lanier County, and for other purposes.

HB 961. By Mr. Russell of Barrow:
A bill to be entitled an Act to amend an Act so as to empower the City of Winder to operate a gas distribution system, and for other purposes.

HB 966'. By Messrs. Burgamy and Murr of Sumter:
A bill to be entitled an Act to amend Section 3-109 of the Code of Georgia of 1933 relating to parties to actions for torts, and for other purposes.

HB 968. By Messrs. Hand and Twitty of Mitchell:

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JOURNAL OF THE HOUSE,

A bill to be entitled an Act to amend an Act so as to change the population figures contained therein, and for other purposes.

HR 194-SlOg. By Mr. Kidd of Baldwin:
A resolution proposing the investigation of the possibilitly of requiring certain medical students to intern two months at the Milledgeville State Hospital, and for other purposes.

HR 262-962a. By Mr. Alverson of Fulton:
A resolution requesting that the clerk of the superior court of Fulton County mark a certain execution issued on rule absolute satisfied, and for other purposes.

HR 265-967b. By Messrs. Carr and Britton of Whitfield:
A resolution requesting that the State Librarian furnish certain law books to Whitfield County, and for other purposes.

SB 173. By Senator Willingham of the 39th:
A bill to be entitled an Act to amend Section 105-1307 of the Code of Georgia of 1933 relating to the homicide of a child, and for other purposes.

5B 221. By Senators Rawls of the lOth and Williams of the 19th:
A bill to be entitled an Act to authorize all eligible employees of the Supreme Court, other than justices, to become members of the Employees Retirement System, and for other purposes.

SB 232. By Senators Rawls of the lOth and Connell of the 6th:
A bill to be entitled an Act to amend an Act known as the Aid to the Blind Act, and for other purposes.

SB 251. By Senators Stephens of the 50th and Ellard of the 31st:
A bill to be entitled an Act to amend the Annotated Supplement of the 1933 Code of Georgia so as to provide an additional exemption of $400 for resident taxpayers who are aged 65 for state income taxeR, and for other purposes.

SB 266. By Senators Hayes of the 14th and Williams of the 49th:
A bill to be entitled an Act to require financial statements of county commissioners, and for other purposes.

SB 285. By Senator Gould of the 4th:
A bill to be entitled an Act to amend Section 26-3002 of the 1933 Code of Georgia so as to provide that wilfully going upon the land of another bearing firearms constitutes a misdemeanor, and for other purposes.
SB 294. By Senators Edenfield of the 2nd and Gould of the 4th:

WEDNESDAY, JANUARY 30, 1952

1357

A bill to be entitled an Act to provide for the control of wild life found in streams which are owned on both sides for their entire length by one individual, and for other purposes.

SB 306. By Senator Williams of the 19th:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the chairman and members of the board of commissioners of Taliaferro County, and for other purposes.

SB 320. By Senator Williams of the 19th:
A bill to be entitled an Act to provide that the county board of education of Taliaferro County shall publish monthly a list of expenditures, and for other purposes.

SB 321. By Senator Williams of the 19th:
A bill to be entitled an Act to provide that the board of commissioners of roads and revenues of Taliaferro County shall publish monthly a list of expenditures, and for other purposes.

SR 91. By Senator Hawes of the 30th:
A resolution proposing the establishment of a state park on certain lands in Elbert County, and for other purposes.

Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:
HB 704. By Messrs. Scott and Willis of Thomas: A bill to be entitled an Act to amend an Act so as to change the name of the Town of Pavo to the City 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 103, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 810. By Mr. Whitworth of Madison: A bill to be entitled an Act to amend an Act so as to expand the corporate limits of 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 104, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 897. By Mr. Jordan of Wheeler: A bill to be entitled an Act to amend an Act so as to change the name of the Town of Alamo to the City of Alamo, and for other purposes.

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JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 899. By Mr. Jordan of Wheeler:
A bill to be entitled an Act to amend an Act so as to change the name of the Town of Glenwood to the City of Glenwood, and for other purposes.
The report 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 904. By Mr. Todd of Glascock:
A bill to be entitled an Act to amend an Act so as to change the procedures for electing the mayor and council of the City of Gibson, and for other purposes.
The report of the committee, which was favorable to the passage of the ltill, 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 927. By Messrs. Langdale and Register of Lowndes:
A bill to be entitled an Act to confirm an ordinance of the mayor and council of the Town of Lake Park in closing a certain alley, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 929. By Messrs. White and Kelley of Gwinnett: A bill to be entitled an Act to amend an Act establishing a city court of Buford, and for other purposes.
The report 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 925. By Messrs Gowen and Nightingale of Glynn: A bill to be entitled an Act to amend an Act so as to provide for the

WEDNESDAY, JANUARY 30, 1952

1359

creation of solicitor emeritus of the city court 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 938. By Mr. Ramsey of Effingham:
A bill to be entitled an Act to amend an Act so as to provide for the closing of a certain street by the mayor and aldermen of the City of Springfield, and for other purposes.
The report 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 945. By Messrs. Hadden and Lovett of Laurens:
A bill to be entitled an Act to incorporate the Town of East Dublin, and for other purposes.

The following amendment was read and adopted:

Mr. Lovett of Laurens moves to amend HB 945 by:
Striking the word "tessel" in the quoted paragraph of Section 2 thereof and insertin,g in lieu thereof the word "trestle."
And by:
Inserting after the words "six months" and before the words "prior to any election" in Section 19 thereof the words "and of Laurens Gounty twelve months."
And by:
Striking from Section 19 the words "and who are otherwise qualified to vote for members of the General Assembly of the State of Georgia from Laurens County."
And by:
Striking Section 21 in its entirety.
And by:
Striking the figure "21" from the quoted paragraph of Section 23 thereof and inserting in lieu thereof the figure "18."
And by:
Striking from said quoted paragraph of Section 23 the words "and qualified under the Constitution and laws of the State of Georgia to vote for members of the General Assembly from the County of Laurens."

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JOURNAL OF THE HOUSE,

And by:
Inserting in said quoted paragraph of Section 23 after the words "six months" and before the parentheses the words "and in Laurens County for a period of twelve months."
The report oi the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 802. By Messrs. Page, McGee, and Hood of Chatham: A bill to be entitled an Act to amend an Act so as to authorize the City of Savannah to operate a parking lot, and for other purposes.
The following amendment was read and adopted:

Mr. Page of Chatham moves to amend HB 802 as follows:
1. By striking Section 1 in its entirety, and renumbering the succeeding sections.
2. By striking Section 5 in its entirety and substituting in lieu thereof a new section to be known as Section 4 which section shall read as follows:
Section 4. That the Mayor and Aldermen of the City of Savannah shall have the right to borrow funds from any source for the purpose of erecting, altering and repairing improvements on the property known as Ellis Square and shall have the right to secure the payment of said loans by executing to the lender or lenders, deeds to secure debt, mortgages, note or other instruments necessary for property in order to properly secure the repayment of said loans.
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.
The bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following bills of the Senate were read the first time and referred to the committees:
SB 319. By Senator Farrar of the 42nd: A Bill to be entitled an Act to amend an Act known as the "Old Age Assistance Act" by providing for retroactive payments, and for other purposes.
Referred to the Committee on State of Republic.
SB 322. By Senators Carlisle of the 7th, Rawls of the lOth and Dunn of the 8th:

WEDNESDAY, JANUARY 30, 1952

1361

A Bill to be entitled an Act to provide that any person who shall communicate to any virtuous female, by writing or printing, any obscene or vulgar language or improper proposals, shall be guilty of a felony; and for other purposes.
Referred to the Committee en Hygiene and Sanitation.

SB 323. By Senators Carlisle of the 7th, Rawls of the lOth and Dunn of the 8th:
A Bill to be entitled an Act to amend an Act relating to using abusive or obscene language and the penalty therefor, and for other purposes.
Referred to the Committee on Hygiene and Sanitation.

SB 330. By Senator Millican of the 52nd:
A Bill to be entitled an Act to make it a violation of law for any person to have or posses any still or apparatus or article for the distilling or manufacturing of intoxicating liquors and beverages in any county in this State, except a person authorized by law to do so, and for other purposes.
Referred to the Committee on General Judiciary No. 1.

SB 332. By Senators Millican of the 52nd, Hawes of the 30th and others:
A Bill to be entitled an Act to amend the Aid to Dependent Children Act to provide any parent recipient of Aid to Dependent Children shall be permitted to have an amount not to exceed $600.00 in cash or savings for purpose of taking care of unexpected illness or other unforseen happenings, and for other purposes.
Referred to Ccmmittee on State of Republic.

SB 333. By Senators Millican of the 52nd, Hawes of the 30th and others:
A Bill to be entitled an Act to amend the Aid to the Blind Act to provide that any recipient of Aid to the Blind may have an amount not to exceed $600.00 in cash or savings to take care of unexpected illneEs or other unforseen happenings, and for other purposes.
Referred to the Committee on State of Republic.

SB 334. By Senators Millican of the 52nd, Hawes of the 30th, Farrar of the 42nd and Williams of the 21st:
A Bill to be entitled an Act to amend the Old Age Assistance Act to provide any recipient of Old Age Assistance may have an amount not to exceed $600.00 in cash or savings to take care of unexpected illness or other unforseen happenings, and for other purposes.
Referred to the Committee on State of Republic.
SB 338. By Senator Mashburn of the 33rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Forsyth, and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to the Committee on Counties and County Matters.

SB 340. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act establishing a Municipal Court of the City of Atlanta, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 341. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act entitled an Act to establish a metropolitan planning district for Fulton and DeKalb Counties, and for other purposes.
Referred to the Committee on Counties and County Matters.
SB 345. By Senators Carlisle of the 7th and Connell of the 6th:
A Bill to be entitled an Act to amend an Act which created the positions of Judges Emeritus of the Court of Appeals, and for other purposes.
Referred to the Committee on General Judiciary No. 2.

SB 346. By Senators Carlisle of the 7th and Connell of the 6th:
A Bill to be entitled an Act creating the positions of Chief Justice Emeritu:;: and Associate Justice Emerit.us, and for other purposes. Referred to the Committee on General Judiciary No. 2.
SB 350. By Senator Mavity of the 44th: A Bill to be entitled an Act to amend the charter of the City of Ross-
ville, and for other purposes. Referred to the Committee on Municipal Government.
Mr. Green of Cherokee gave notice that at the proper time he would move that the Committee on Temperance be instructed to report the following bill of the House back to the House:
HB 96. By Messrs. Green of Cherokee and Kelley of Gwinnett: A bill to be entitled an Act to prohibit the sale of intoxicating liquors within one hundred yards of any church or school, and for other purposes.

By unanimous consent, the following resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 218. By Messrs. Hand and Twitty of Mitchell, and others:
A resolution memorializing Congress to call a convention for the purpose of considering an amendment to the Constitution of the United States relative to taxes on incomes, inheritance, and gifts, and

WEDNESDAY, JANUARY 30, 1952

1363

for other purposes.

The following Senate amendment to HR 218 was read:
Senators Millican of the 52nd and Moate of the 26th move to amend HR 218 by striking from Section 6 the last line reading as follows: "Provided, that 8uch limitation shall be on incomes of $50,000.00 per year, or less."
On the question of agreeing to the Senate amendment the ayes were 101, nays 7.
The Senate amendment was agreed to.

Under the regular order of business, the following bill of the House was taken up for consideration and read the third time:
HB 710. By Messrs. Hand of Mitchell, Smith of Emanuel, and others:
A bill to be entitled an Act to amend an Act so as to provide an appropriation of $5,000,000 for each fiscal year for emergency capital outlay expenditures in establishing a system of common schools, and for other purposes.
The House was resolved into a Committee of the Whole House to consider HB 710, and the Speaker designated Mr. Smith of Emanuel as chairman thereof.
The Committee of the Whole House arose and through its chairman reported HB 710 back to the House with the recommendation that the same do pass, by substitute.
The following substitute to HB 710 was read and adopted:
By Mr. Hand of Mitchell:
A BILL
To be entitled an Act to amend an Act approved February 21, 1951 entitled "General Appropriations Act" (Georgia Laws 1951, pp. 417-444) so as to provide an appropriation of $5,000,000.00 for each fiscal year for emergency capital outlay expenditures in establishing and maintaining a system of common schools and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF SAME:
Section 1.
That an Act entitled "General Appropriations Act" approved February 21, 1951, appearing on pages 417 to 444 inclusive, of Georgia Laws of 1951, be and the same is hereby amended by adding a new subsection under Section 8 immediately following subsection (c) of Section 8 to be designated as subsection (d) and to read as follows:
(d) For exceptional needs for capital outlay in establishing and maintaining a system of common schools . . . $5,000,000.00.
Provided, however, the funds appropriated under provisions of this subsection shall be available and distributed for "exceptional

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JOURNAL OF THE HOUSE,

needs for capital outlay" as provided for under Section 11 of the Act of 1949 as amended by Acts of 1951 setting up the "Minimum Foundation Program" for education.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Ball
Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Best Biggers
Birdsong Black Boone Brannen Brantley Brazeal Britton Brooks Burgamy Burkett Byrd Callier
Campbell of Oconee Campbell of Walker Carr Clary Clay
Coffin Coogle Dally De en Denton Dews Dicus Dorsey Duncan Durham Edenfield Gardner Garrard Gary

Gillis Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Guthrie Hadden Hale Hall of Floyd Hall of Toombs Harrell Hawkins Herrin Hopkins Huddleston Ivey
Jackson Jessup
Johnson of Hall Jones of Lumpkin Jordan Kelley Kemp Kennedy Key
Kidd King
Kitchens Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Lovett
McCracken McGarity McWhorter Mackay Mangum Matthews Mims Mishoe

Mull Murphy Murr Musgrove Nelson Otwell Overby Owens Parker Peacock Perkins Pickard Pickett Pittard Ramsey Raulerson Ray Risner
Robertson of Coweta Robertson of Dawson Rogers
Rollins Rowland Russell Scott Scoggin
Sheffield Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens
Trapnell
Tumlin

WEDNESDAY, JANUARY 30, 1952

1365

Turk Twitty Ursrey Vickers Waldrop Walker of Crawford

Walker of Telfair Warren Weems Wheeler White Whitworth

Wiggins Wilkinson Williams of Huston Willingham Willis Wooten

Those voting in the negative were Me~srs:

Bargeron Bell of Richmond Bentley Boggus Bolton Cates Clark Claxton Cranford

Deason Durden Gowen Graham Harris Holley Hollis Knight Lam

Little Newman Nightingale Page Register Vandiver Williams of Cobb Wood Wright

Those not voting were Messrs.: Aycock, Barber of Colquitt, Cornelius, Covington, Fears, Flynt, Freeman, Harper, Henderson, Hilton, Hood, Johnston, Jolly, Jones of Bartow, McGee, McKelvey, Neville, Short, Stevens of Marion, Todd, Wilkes, and Mr. Speaker.

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

On the passage of the bill, by substitute, the ayes were 156, nays 27.

The bill, having received the requisite constitutional majority, was passed, by substitute.

Messrs. McKelvey and Cornelius of Polk requested that the journal show them as having voted for the passage of HB 710.

Mr. Twitty of Mitchell moved that the House recess until 1:45 this afternoon and the motion prevailed.

The speaker announced the House recessed until 1 :45 this afternoon.

The Speaker called the House to order..

1:45 P.M.

Under the regular order of business, the following resolution of the House was read:

HR 275. By Messrs. Ray of Warren, Twitty of Mitchell, Overby of Hall, and many others:
A RESOLUTION
WHEREAS: There has been a tendency in our National life and in our National government to invade the sovereign rights of the States by various types of legislation disadvantageous to our people;

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JOURNAL OF THE HOUSE,

and
WHEREAS: There has been a tendency in our National government, which tends to seek, to destroy, our fundamental American heritage of personal initiative and free enterprise; and
WHEREAS: The Honorable Richard B. Russell, United States Senator from Georgia, an outstanding National leader, who has opposed these tendencies and other acts, which tend to destroy the sovereignty of the States and the personal initiative and free enterprise of our people; and
WHEREAS: He has demonstrated to the Nation his splendid qualities of leadership, and an intimate and vast knowledge of government; and
WHEREAS: His leadership has been of invaluable aid not only to the entire South, but to the Nation in preserving the rights of the States and protecting the rights of the individual; and
WHEREAS: It has been recognized by the people of our Nation that his qualities of leadership, and the courageous position, he has taken, have ideally fitted him for the position of President of the United States, because he is conservative enough not to be classed as Socialistic, and liberal enough to place the welfare of our Nation first.
THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the Hon. Richard B. Russell, United States Senator from Georgia, be memorialized, requested and urged to run for the Presidency of the United States of America in order that our Nation may have a Chief Executive in whom the people of our Country will have full and complete confidence.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson
Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron
Barrett Battles Baughman Beasley
Bell of Richmond Bentley Best Biggers Birdsong Black Boggus

Bolton Boone Brannen Brantley Brazeal Britton Brooks Brooks Burgamy Burkett Byrd Callier
Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay
Cornelius Covington

Cranford Dally Deason De en Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Greer

WEDNESDAY, JANUARY 30, 1952

1367

Griffith Groover Hale Hall of Floyd Hall of Toombs Harrell Harris Hawkins Herrin Hilton Holley Hollis Hopkins Huddleston Ivey Jackson Jessup Johnson of Hall Jones of Lumpkin Key King Kitchens Knight Lam Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little Lovett McCracken McKelvey McWhorter Mackay

Mangum Matthews Mims Mishoe Murphy Murr Musgrove Neville Newman Otwell Overby Owens Page Parker Perkins Pickard Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Russell Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan

Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vickers Waldrop Walker of Crawford Walker of Telfair Warren Wheeler White Whitworth Wiggins Wilkes Wilkinson Williams of Cobb Williams of Houston Willingham Wood Wooten

Those not voting were Messrs.: Bell of DeKalb, Cofin, Coogle, Denton, Dews, Flynt, Gowen, Guthrie, Hadden, Harper, Henderson, Hood, Johnston, Jolly, Jones of Bartow, Jordan, Kelley, Kemp, Kennedy, Kidd, McGarity, McGee, Mull, Nelson, Nightingale, Peacock, Pickett, Vandiver, Weems, Willis, Wright, and Mr. Speaker.

By unanimous consent, verification of the roll call was dispensed with. On the adoption of the resolution, the ayes were 173, nays 0. The resolution was adopted.

Under the regular order of business, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
HR 168-7081. By Messrs. Alverson of Fulton, Hand and Twitty of Mitchell, and others:

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JOURNAL OF THE HOUSE,
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article V, Section I, Paragraph XV of the Constitution of Georgia relating to the revision and veto power of the Governor, so as to provide that the Governor shall have thirty days after the adjournment of the General Assembly within which to approve any bill presented to him; to provide for the submission of this amendment to the people for ratification or rejection; and for other purposes.
Be it resolved by the General Assembly of Georgia as follows:
Section 1.
Article V, Section I, Paragraph XV of the Constitution of Georgia, relating to the power of the Governor to revise and veto bills of the General Assembly, is amended by adding after the word "return" the words "in which event the Governor shall have thirty days (Sundays. excepted) from the date of adjournment in which to approve the same, and if not approved within that time, the same shall not become a law.", so that said paragraph when so amended shall read as follows:
"The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each house may pass a law notwithstanding his dissent; and if any bill should not be returned by the Governor within five days (Sunday excepted) after it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sundays excepted) from the date of adjournment in which to approve the same, and if not approved within that time, the same shall not become a law. He may approve any appropriation, and disapprove any other appropriation, in the same bill, and the latter shall not be effectual, unless passed by two-thirds of each House."
Section 2.
When this amendment shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly the same shall be entered upon their journals with the ayes and nays taken thereon and shall be published and submitted to the people for ratification or rejection at the next general election in 1952 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 ratification of amendment to Article V, Section I, Paragraph XV of the Constitution providing for a period of thirty days after adjournment in which the Governor may approve bills passed by the General Assembly."
Those voting against the ratification of the amendment herein proposed shall have written or printed on their ballots the words:
"Against ratification of amendment to Article V, Section I, Paragraph XV of the Constitution providing for a period of thirty days after adjournment in which the Governor may approve bills passed by the General Assembly."

WEDNESDAY, JANUARY 30, 1952

1369

If a majority of the electors qualified to vote for the members of the General Assembly, voting thereon, shall vote for the ratification thereof, when the returns shall be consolidated as now required by law in election for members of the General Assembly, and return thereof made to the Governor, then he shall declare the said amendment adopted, and make proclamation of the result thereof, and said amendment shall become a part of the Constitution of the State of Georgia.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Bargeron Battles Baughman Bell of DeKalb Bell of Richmond Bentley Biggers Birdsong Boggus Boone Brannen Brantley Brazel Britton Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Garr Cates Clark Clary Claxton Clay Cornelius Covington Cranford Deason De en

Denton Dicus Dorsey Durham Fears Flynt Freeman Garrard Gillis Gowen
Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Guthrie Hadden
Hale Hall of Toombs Harrell Harris Hawkins Henderson Herrin Hilton
Hollis Hopkins Ivey Jackson Jessup Johnson of Hall Jones of Lumpkin Kelley Key King Knight Lam Lanier

Lewis of Greene Lewis of Hancock Little Lovett McCracken McGarity
McKelvey Mackay Mangum Mims 1\Iishoe Murphy Murr Musgrove Newman Nightingale Otwell Overby Owens Page
Pickard Pittard Ramsey Raulerson Ray Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Sheffield
Short Simmons Smiley Smith of Bryan M. M. Smith of Fulton Stephens of Towns Stevens of Marion

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JOURNAL OF THE HOUSE,

Stewart Stocks Sumner Tamplin Tarbutton Tarpley Tillman Todd Trapnell Tumlin

Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Wheeler

White Whitworth Wiggins Wilkes Wilkinson Williams of Cobb Williams of Houston Willingham Wood Wooten

Those not voting were Messrs. : Barrett, Beasley, Best, Black, Bolton, Brooks, Coffin, Coogle, Dally, Dews, Duncan, Durden, Edenfield, Gardner, Gary, Hall of Floyd, Harper, Holley, Hood, Huddleston, Johnston, Jolly, Jones of Bartow, Jordan, Kemp, Kennedy, Kidd, Kitchens, Langdale, Lavender, Leach, McGee, McWhorter, Matthews, Mull, Nelson, Neville, Parker, Peacock, Perkins, Pickett, Rowland, Scoggin, Sivell, Smith of Emanuel, Hoke Smith of Fulton, Terry, Tippens, Weems, Willis, Wright, and Mr. Speaker.
By unaimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 153, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 11. By Senators Rawls of the lOth, Pittman of the 53rd, and others:
A bill to be entitled an Act to amend an Act known as the Voters' Registration Act, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 132, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 192-SlOe. By Mr. Smith of Emanuel:
A resolution relieving the director of the Department of Public Safety, from any liability in or arising from a theft by Preston Holden, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 115, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

HB 712. By Messrs. Smith of Emanuel and Sheffield of Brooks:
A bill to be entitled an Act to amend an Act so as to increase the personnel of the Bureau of Investigation, and for other purposes.
The following amendments were read and adopted:

WEDNESDAY, JANUARY 30, 1952

1371

Mr. Smith of Emanuel moves to amend HB 712 by striking in the 6th paragraph of said Act the following:

2 Sergeant Majors 35 Sergeants 35 Corporals All Troopers

at $2,300.00 per year, each at $2,100.00 per year, each at $1,800.00 per year, each at $1,500.00 per year, each

and substituting in lieu thereof the following:

2 Sergeant Majors 35 Sergeants 35 Corporals All Troopers

at $2,500.00 per year, each at $2,400.00 per year, each at $2,100.00 per year, each at $1,800.00 per year, each

Mr. Smith of Emanuel moves to amend HB 712 by striking the following words in lines 16 and 17 of Section 1: "Suspension and Revocation Supervisor with rank and pay of Lieutenant".
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 107, nays 14.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 261. By Senator Hawes of the 30th:
A bill to be entitled an Act to amend Section 83-201 of the 1933 Code of Georgia relating to the obtaining of rights of way by corporations engaged in mining and quarrying, and for other purposes.

The following amendment was read and adopted:
Mr. Twitty of Mitchell moves to amend SB 261 as follows: By striking the words "kaolin, bauxite and Fuller's earth" wherever said words appear in said bill.
The report of the committee, which was favorable to the passage of the bill, was agreed, as amended.
On the passage of the bill, as amended, the ayes were 103, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 785. By Messrs. Abney and Campbell of Walker, Abney of Catoosa, and Hale of Dade:
A bill to be entitled an Act to authorize the trustees of any charitable trust for the relief of poor people by providing hospitals and hospital services to afford the relief authorized by the trust, and for other purposes.
The report 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.

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JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed.
HB 784. By Messrs. Abney and Campbell of Walker, Abney of Catoosa, and Hale of Dade:
A bill to be entitled an Act to make the attorney-general of Georgia the legal representative of the beneficiaries of charitable trusts, and for other purposes.
The report 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.
liB 612. By Messrs. Twitty of Mitchell and Gardner of Dougherty:
A bill to be entitled an Act to amend an Act relating to the examination and registration of architects, and for other purposes.
The following substitute was read and adopted:
By Mr. Twitty of Mitchell:
A BILL
To be entitled an Act to govern the practice of architecture in Georgia; to provide that Section 84-301 of the 1933 Code of Georgia, pertaining to the practice of architecture and defining building, shall be repealed in its entirety, and have inserted in lieu thereof a new section to be known as Section 84-301 providing for the re-defining of the practice of architecture and building; to provide for the repeal of Section 84-302 of the 1933 Code of Georgia, pertaining to certificate of qualification to practice under the title of architect, in its entirety, and have substituted in lieu thereof a new section to be known as Section 84-302 providing for certificate of qualification to practice architecture under the title of architect; to provide for the amendment of Section 84-303, pertaining to the qualifications, age, citizenship, and character of applicants for registration as architect, so as to provide for a minimum of seven years' experience in an office of a registered architect as part of the qualifications of such applicant; to provide for the repeal of Section 84-304 of the 1933 Code of Georgia, pertaining to the State Board for Examination and Registration of Architects, appointment, qualifications, terms of office and vacancy, in its entirety, and for the substitute of a new section to be known as Section 84-304 which shall provide for abolition of the existing State Board for Examination and Registration of Architects and establishment of the State Board for Examination, Qualification and Registration of Architects and provide for a method of fair distribution of representation on the Board by dividing the State into five zones with one member from each zone, and providing for the appointment of said Board and their successors under the zoning system set out herein, and by providing for terms of said members and by providing for a method of filling vacancies; to provide for the repeal of Section 84-306 of the 1933 Code of Georgia, providing for the organization of the Board and the election of its president, in its entirety; to provide for the amendment of Section 84-307 of the 1933 Code of

WEDNESDAY, JANUARY 30, 1952

1373

Georgia, providing for the rules and regulations of the Board and the
meetings for examining applicants for registration, by providing that
the Board shall elect its own officers; to provide for the amendment of
Section 84-313 of the 1933 Code of Georgia relating to the fees for
examination and certificates, so as to change the figure 2 in line six
to the figure 5; to provide for the repeal of Section 84-315, pertaining
to the use of the title "Architect", by striking said section in its en-
tirety; to provide for the repeal of Section 84-316 of the 1933 Code
of Georgia, as amended by an Act of the Legislature, approved March
27, 1941 (Ga. Laws 1941, p. 310), relating to the exemptions of certain
architects from examination upon payment of the registration fees, in
its entirety, and substituting in lieu thereof a new Section 84-316 by
providing that architects now legally authorized to practice in this State shall, upon the next renewal of their certificates, be obligated to the requirements of this Act, and the acceptance of such renewal certificate shall signify full compliance with this Act; to provide for the amendment of Section 84-318 of the 1933 Code of Georgia, relating to fees for renewal certificates, so as to change the figure 2 in line four to the figure 5; to provide for the repeal of Section 84-321 of the 1933 Code of Georgia, pertaining to the employees of registered architects making plans for their own building, in its entirety, and substituting in lieu thereof a new Section 84-321 providing that draftsmen, students, clerks, may act under the supervision of their employers, and providing that no person shall be required to register as an architect in order to make plans and specifications or supervise erections, enlargements of alterations upon any farm for the use of any farmer, or for any one or two family residence buildings, regardless of costs, or any domestic out building, regardless of cost, or any other type of building costing less than $10,000.00, except schools, auditoriums, or other buildings intended for the mass assemblage, and providing that registered professional engineers, their employees or subordinates, may do work incidental to engineering, and providing that no professional engineer shall practice architecture or use the designation "Architect", or any term derived therefrom, unless regsitered under the provisions of this Chapter, and providing that no architect shall practice professional engineering or use the term "Engineer", or any term derived therefrom, unless he is qualified as an engineer, and providing for annual renewals of registration; to provide for the repeal of Section 84-9903 of the 1933 Code of Georgia, pertaining to practicing as an architect, and the use of the title of "Architect" and "Registered Architect", and to make false oaths and affirmations, and certain other acts being declared as a misdemeanor, in its entirety, and substituting in lieu thereof a new section to be known as Section 84-9903, providing for the declaration of the use of the word "Architect" or "Registered Architect", or other words indicating that the person using the same is an architect, without the compliance with the provisions of Chapter 84-3, or the making of any willfully false oaths or affirmations where such might be required by said Chapter, a misdemeanor, and providing for the punishment therefor, and making it the duty of all duly constituted officers of the law of this State, or any political subdivision thereof, to enforce the provisions of this Chapter; to provide that should any part of this Act be unconstitutional that such declaration shall not effect the remainder of said Act; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1.
That Code Section 84-301 of the Code of Georgia 1933, is hereby repealed in its entirety and a new Section is enacted to be known as Code Section 84-301 and to read as follows:
"Practice of Architecture and Building Defined: The practice of architecture within the meaning and intent of this Act consists of rendering or offering to render service by consultation, preliminary studies, drawings, specifications, supervision, or any other service in connection with the design of any building or addition or structural alteration thereto, whether one or all of these services are performed either in person or as the direction head of an organization. A "building" for the purpose of this Act is any structure consisting of foundation, floors, walls, columns, girders, beams and roof or a combination of any number of these parts, with or without other parts or appurtenances. All drawings and specifications prepared for such structures or enlargements or structural alterations to such structures in accordance with this Act shall be signed by the architect responsible for their production."
Section 2.
That Section 84-302 of the Code of Georgia 1933, is hereby repealed in its entirety and a new Section is hereby enacted to b~ known as Section 84-302 and to read as follows:
"Certificate of Qualification to Practice Under Title of Architect: An architect within the meaning of this Act is an individual technically and legally qualified to practice architecture and who is authorized under this Act to practice architecture. Any person wishing to practice architecture who prior to the passage of this Act shall not already have been registered to practice architecture in the State shall before being entitled to be known as an architect secure from the Georgia State Board for the Examination, Qualification and Registration of Architects a Certificate of Qualification to practice under the title of Architect as provided by this chapter and the amendments thereto. The renewal of Certificates of Registration issued to architects registered prior to the enactment of this amendment shall carry the obligations required by this amendment to the original Act under which their previous registrations have been granted. Except as otherwise provided in this Act, no person shall practice architecture in the State of Georgia or use the title "architect" or "registered architect" or any words, letters, figures, or any other device indicating or intending to imply that he or she is an architect without having qualified as required by this Act. No firm, company, partnership, association, corporation, or other similar organization shall be registered as an architect. Only individuals shall be registered as architects. Firms, companies, partnerships, associations and corporations may prepare plans, drawings, and specifications for buildings and structures as defined by this Act and perform the services heretofore enumerated common to the practice of architecture, provided that at least one of the chief executive officers of such firms, companies, partnerships, associations, corporations, or similar companies, are registered archi-

WEDNESDAY, JANUARY 30, 1952

1375

tects in the State of Georgia under this Act and provided further that the supervision of such buildings and structures shall be under the personal supervision of said registered architects and that such plans, drawings and specifications shall be prepared under the personal
direction and supervision of such registered architects and bear their individual signatures and seals."

Section 3.

That Section 84-303 of the Code of Georgia 1933 be and the same is hereby amended by adding in line ten of Section 84-303 of the Code
of Georgia 1933 after the word "language" and before the word "as" the following: "in addition to a minimum of seven years' experience in an office of a registered architect" so that said section when amended shall read :

"84-303. Qualifications, Age, Citizenship, and Character of Applicant for Registration as Architect. Examinations by Board.-Any citizen of the United States, being at least 21 years of age and of good moral character, may apply through the Joint-Secretary, State Examining Boards, to the State Board for the Examination, Qualification and Registration of Architects for a certificate of registration, or for such examination as shall be requisite for such certification under this Chapter; but before receiving such certificate the applicant shall submit satisfactory evidence of having completed the course in a high school or the equivalent thereof, in addition to a minimum of seven years experience in an office of a registered architect, as may be approved or prescribed by the said Board. The examination for the above academic requirements shall be held by the said Board. In lieu of such examination the said Board may accept satisfactory diplomas or certificates from institutions approved by the said Board, covering the course or subject-matter prescribed for examination. Upon complying with the above requirements the applicant shall satisfactorily pass an examination in such technical and professional subjects as shall be prescribed by the said Board. The said Board may, in lieu of the examination in such technical and professional subjects, accept satisfactory evidence of any one of the qualifications set forth under subdivisions (a) and (b) of this section.

(a) A diploma of graduation or satisfactory certificate from an architectural college or school that he or she has completed a technical course approved by the American Institute of Architects, and subsequent thereto, at least three years' satisfactory experience in the office or offices of a reputable architect or architects.

(b) Registration or certificate as an architect in another State

or Territory where the qualifications prescribed at the time of such

registration or certification were equal to those prescribed in this

State at date of application.



The said Board may require applicants under these subdivisions to furnish satisfactory evidence of knowledge of professional practice. (Acts 1919, p. 129; 1931. pp. 7, 36.)

Section 4.

That Section 84-304 of the Code of Georgia 1933, is hereby repealed in its entirety and a new Section 84-304 is hereby enacted to

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JOURNAL OF THE HOUSE,

be known as Section 84-304, and to read as follows:
"The State Board for Examination, Qualification and Registration of Architects, appointments, terms of office, vacancies and zones. The existing State Board for Examination and Registration of Architects is hereby abolished and there is hereby established the State Board for Examination, Qualification and Registration of Architects as follows: In order that there shall be fair distribution of representatives on the State Board for Examination, Qualification and Registration of Architects the State is hereby divided into five zones as follows:

Zone #1 Zone #2 Zone #3 Zone #4 Zone #5

Consisting of Congressional Districts #3, # 4 and # 7
Consisting of Congressional Districts #2, #8 and #1
Consisting of Congressional Districts #6 and #10
Consisting of Congressional Districts # 5 and # 9
Consisting of State at Large.

The Governor shall appoint members of the State Board for Examination, Qualification and Registration of Architects, wh:ch shall be composed of five members, one member from each zone who shall be registered, practicing architects in the State of Georgia and who are residents of the State of Georgia. One of the said members shall be appointed to hold office for a period of one year; one for two years; one for three years; one for four years, and one for five years, and thereafter, upon the expiration of the term of office of the person so appointed, the Governor shall appoint a successor to each person whose term of office shall expire, to hold office for five years, and said person so appointed shall have the above specified qualifications and shall be confirmed by the Senate. In case a successor shall not be appointed at the expiration of the term of any member, such member shall hold office until his successor has been duly appointed and has qualified. Any vacancy occurring in the membership of said Board shall be filled by the Governor for the unexpired term of such member and shall be confirmed by the Senate."

Section 5.

That Section 84-313 of the Code of Georgia 1933, is hereby amended by striking the figure "2" in line fi of said Section and inserting in lieu thereof the figure "5" so that when said Section is amended it shall read as follows:
"Fees for Examination and Certificates. The fee to be paid to the Joint-Secretary by an applicant for an examination shall be $10. The fee to be paid to such Secretary by an applicant for a certification of registration shall be $5. The fee to be paid to such Secretary for the restoration of an expired certificate of registration shall be $10. The fee to be paid upon renewal of a certificate of registration shall be $5. The fee to be paid by an applicant for a certification of registration, who is an architect registered or licensed under the laws of an-

WEDNESDAY, JANUARY 30, 1952

1377

other State or Territory of the United States, under subdivision (b) of Section 84-313, or under Section 84-317 shall be $25."
Section 6.
That Section 84-316 of the Code of Georgia 1933, as amended by an Act of the Legislature, approved March 27, 1941 (Ga. Laws 1941, p. 310) be repealed in its entirety and a new Section is hereby enacted to be known as Section 84-315 and which shall read as follows:
"Legally Practicing Architects: Architects now legally ac;thorized to practice and registered in the State of Georgia shall upon the next renewal of their certificate be obligated to the requirements of this Act and the acceptance of his or her renewal certificate of registration shall signify full compliance on his or her part with this Act."
Section 7.
That Section 84-318 of the Code of Georgia 1933, is amended by striking the figure "2" in line 4 of said Section and inserting in lieu thereof the figure "5", so that when said Section is amended it shall read as follows:
"Renewal of Certificate: Every registered architect who shall desire to continue the practice of his profession shall, annually during the month of July, renew his certificate of registration, and pay to the Joint-Secretary, State Examining Boards, the renewal fee of $5, required by Section 84-313. A person who shall fail to renew his certificate of registration during the month of July in each year may not thereafter renew his certificate except upon payment to the JointSecretary of the fee of $10, required by Section 84-313. Every renewal certificate shall expire on the 30th day of June following the issuance."
Section 8.
That Section 84-321 of the Code of Georgia 1933, is hereby repealed in its entirety and a new Section enacted to be known as Section 84-321 and to read as follows:
"Employees of Registered Architects, Professional Engineers and Others: In order to safeguard life and property no person shall be allowed to practice architecture unless he has the qualifications and competency required by this chapter. Nothing contained in this chapter shall prevent draftsmen, students, clerks-of-work, superintendents and other employees of those lawfully practicing as registered architects under the provision of this chapter, from acting under the instructions, control or supervision of their employees, or to prevent the employment of superintendents of the construction, enlargement or alteration of buildings, or any appurtenances thereto, or to prevent such superintendents from acting under the immediate personal supervision of the registered architect by whom the plans and specifications of any such buildings, enlargement or alteration work were prepared. No person shall be required to register as an Architect in order to make plans and specifications for or supervise the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any one or two-family residence buildings, regardless of cost, or any domestic out-building appurtenant to any such one or two-family residences regardless of cost, or of any other type building costing less

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JOURNAL OF THE HOUSE,

than $10,000.00 (except schools, auditoriums, or other buildings intended for the mass a~semblages of people or group housing projects whether they be single, double or multi-family.) Nor shall anything in this Chapter be held to prevent registered professional engineers or their employees or subordinates under their responsible supervising control from performing architectural services which are purely incidental to their engineering practice, provided, however, that registered architects or their employees or subordinates under their responsible supervising control may perform engineering services which are purely incidental to their architectural practice. However, no professional engineer shall practice architecture or use the designation "Architect" or any term derived therefrom unless registered under this Chapter, and no architect shall practice professional Engineering or use the term "Engineer" or any term derived therefrom unless he also is qualified and registered as such engineer as provided by law. Otherwise any person who shall be engaged in the planning or design for the erection, enlargement or alteration of any building or buildings for others, or furnishing architectural supervision of the construction thereof shall be deemed to be practicing architecture and be required to register under this Chapter, and to secure all annual renewals of such registration as conditioned precedent to his so doing. The term "building" in this Chapter shall be defined under Section 84-301."
Section 9.
That Section 84-9903 of the Code of Georgia 1933, is hereby repealed in its entirety and a new Section enacted to be known as Section 84-9903 and to read as follows:
"Architect, practicing as; false oath; The use of the title "Architect" or "Registered Architect" or the use of any word, letters or figures indicating or intended to imply that the person using the same is an architect or registered architect, without compliance with the provisions of Chapter 84-3 or the making of any willfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by said Chapter, shall be deemed a misdemeanor and punishable as provided in Section 27-2506 of the Code of Georgia 1933. It shall be the duty of all duly constituted officers of the law of this State, or any political subdivision thereof, to enforce the provisions of this Chapter and to prosecute any person violating same.
Section 10.
That should any court of competent jurisdiction declare any part of this Act unconstitutional, the remainder of this Act shall remain in full force and effect.
Section 11.
That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

WEDNESDAY, JANUARY 30, 1952

1379

HB 887. By Messrs. Walker of Telfair, Burkett of Coffee, and Gowen of Glynn:
A bill to be entitled an Act to provide for the use of the proceeds of the sale of bonds issued by any county or municipality for the purpose of matching State and Federal allocations for building and equipping hospitals, and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

HB 636. By Mr. Gowen of Glynn:
A bill to be entilted an Act to amend an Act so as to make certain changes with regard to the voters voting under the Municipal Home Rule Law, and for other purposes.

The following amendments were read and adopted:
The Committee moves to amend HB 636 by adding a new section to be known as Section SA and 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:
1: That Section 3 of the aforesaid Municipal Home Rule Act be amended by adding at the end of Subsection (b) of said Act the following words, to-wit:
"Provided however that within twenty-four (24) hours after the circulation of said petitions, Sundays and legal holidays excluded, have commenced, the clerk of the municipality shall be be notified of said fact and if said petitions with the requisite number of required voters shall not be filed with the clerk of the municipality within four months of the time that said notice was first given to the clerk of said municipality, said petition shall be null and void and no new petitions shall be presented within a period of less than one (1) year thereafter, and no petition which has not been completed with the requisite number of signed voters within the calendar year shall thereafter be used in any other succeeding calendar year. The provisions as set forth in Paragraph 3 (b), as amended, shall apply in all respects to any other provisions of said Act wherein petitions by the voters for the calling of an election is provided",
so that said paragraph as aforesaid, as amended, shall read as follows:
"Section 3.
Subsection (b). If a petition signed by thirty percent (30% ) of the voters of the municipality who were eligible to participate in the last general city election shall be filed with the municipal clerk, or other official discharging such duties, requesting the submission to the voters of the question, "Shall a commission be selected to frame a charter?", the governing authority of said

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JOURNAL OF THE HOUSE,

municipality 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 municipality 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 municipal clerk, or other official in charge of municipal elections, shall determine the sufficiency of such petition, provided however that within twenty-four (24) hours after the circulation of said petitions, Sundays and legal holidays excluded, have commenced, the clerk of the municipality shall be notified of said fact and if said petitions with the requisite number of required voters shall not be filed with the clerk of the municipality within four months of the time that said notice was first given to the clerk of said municipality, said petition shall be null and void and no new petitions shall be presented within a period of less than one (1) year thereafter, and no petition which has not been completed with the requisite number of signed voters within the calendar year shall thereafter be used in any other succeeding calendar year. The provisions as set forth in Paragraph 3 (b), as amended, shall apply in all respects to any other provisions of said Act wherein petitions by the voters for the calling of an election is provided."
Mr. Wood of Bibb moves to amend HB 636 by striking therefrom in its entirety Section 7, and by changing the words "two weeks" in Section 6 to the words "four weeks".
Mr. Gowen of Glynn moves to amend HB 636 by adding a new section to be known as Section 9, and to read as follows: Section 9. An Act known as the "Municpial Home Rule Law," approved February 13, 1951 (Georgia Laws, 1951, p. 116) is hereby further amended by striking in its entirety subsection (h) of Section 3, relating to amendments to corporate charters, and substituting in lieu thereof a new subsection (h) to read as follows:
"(b) Amendments to any charter adopted under the foregoing provisions may be proposed by a petition signed by thirty per cent (30%) of the voters qualified to participate in the last general city election and filed with the municipal clerk or other official having charge of municipal elections. Upon such amendments being proposed, the legislative body of the municipality shall submit the same to the voters of such municipality at the next general election to be held in the said city, if one is to be held within ninety (90) days next thereafter. If the next general city election is not to be held within ninety (90) days the legislative body may submit the proposed amendments at a special election to be held not less than sixty ( 6'0) nor more than ninety (90) days from the time of the proposal of such amendments, or may wait and submit the same at the next general city election whenever it is held."
And to amend the caption of HB 636 by adding thereto just prior to the words "and for other purposes" the words "to change the time limitations relating to the submission of charter amendments," and to further amend HB 636 by changing the number of the repealing clause to Section 10.
The report of the committee, which was favorable to the passage of the

WEDNESDAY, JANUARY 30, 1952

1381

bill, as amended, was agreed to, as amended.
On the passage of the bill as amended, the ayes were 103, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following bill of the House was tabled:
HB 638. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act so as to change the time limitations relating to the submission of charter amendments under the Municipal Home Rule Law, and for other purposes.
The following resolution was read and adopted:
HR 277. By Messrs. Robertson and Cranford of Coweta:
A RESOLUTION Expressing condolence to the family of Honorable J. S. Carmical, a former member of the House of Representatives.
WHEREAS, the Honorable J. S. Carmical, a former member of the House of Representatives, passed away January 28, 1952, and
WHEREAS, the members of the House of Representatives knew the Honorable J. S. Carmical as a beloved, honored and respected member of this Georgia House of Representatives; and
WHEREAS, the members of the House of Representatives are deeply saddened by the passing of the said J. S. Carmical, now therefore
BE IT RESOLVED by the House of Representatives that we extend silent respect to our deceased former member.
BE IT FURTHER RESOLVED that a copy of this Resolution be placed in the House Journal and the Clerk be instructed to send a copy of this Resolution to the family of the Honorable J. S. Carmical at Sargent, Georgia.
Leave of absence was granted for two days to Mr. Brannen of Dooly.
Mr. Twitty of Mitchell moved the House do now adjourn until 10:00 o'clock tomorrow morning and the motion prevailed.
The speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia, January 31, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

. By unanimous consent, the call of the roll was dispensed with.
Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:
HB 980. By Mr. Sheffield of Brooks: A Bill to be entitled an Act to amend an Act relating to the Chairman and Secretary of the County Board of Tax Assessors and the Employment of agents to seek out unreturned property, and for other purposes.
Referred to the Committee on General Judiciary No. 1.
HB 981. By Mr. Walker of Crawford:
A Bill to be entitled an Act to provide for and require the installation of fire sprinkler systems in and throughout the Milledgeville State Hospital, and for other purposes. Referred to the Committee on Georgia State Sanitarium.
HB 982. By Messrs. Scoggin, Hall and Covington of Floyd:

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1383

A Bill to be entitled an Act to grant authority to the Board of Commissioners of Roads and Revenue of Floyd County, to pass zoning rules and regulations, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 983. By Messrs. Scoggin, Hall and Covington of Floyd:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Roads and Revenues for Floyd County to establish rules and regulations governing the payment of pensions to county employees, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 984. By Messrs. Cranford and Robertson of Coweta:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Newnan, and for other purposes.
Referred to the Committee on Municipal Government.

HR 274-984a. By Mr. Kidd of Baldwin:
A Resolution authorizing the Governor to transfer certain property at Milledgeville, used by the State Military Department as an armory, to the State Department of Education for the purpose of establishing an area vocational school, and for other purposes.
Referred to the Committee on State of Republic.

HB 985. By Messrs. Durden and Gardner of Dougherty:
A Bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Dougherty County, and for other purposes.
Referred to the Committee on State of Republic.
HB 986. By Messrs. Vandiver and Wood of Bibb:
A Bill to be entitled an Act to amend an Act to provide pension and/or retirement plan and fund for County Employees of Bibb County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 987. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to be entitled an Act to amend an Act to provide a pension and/ or retirement plan and fund for county employees and/or officers of Bibb County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 988. By Messrs. Holley, Graham and Bell of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to provide that members of the City Council of Augusta shall be eligible to succeed themselves one time, and for other purposes.

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JOURNAL OF THE HOUSE,

Referred to the Committee on Municipal Government.

HB 989. By Messrs. Holley, Graham and Bell of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta so as to provide for the use of Voting Machines, and for other purposes.
Referred to the Committee on Municipal Government.

HB 990. By Messrs. Holley, Graham and Bell of Richmond:
A Bill to be entitled an Act to create the Augusta-Richmond County Building Authority, and for other purposes.
Referred to the Committee on Municipal Government.
HR 276-990a. By Messrs. Bell, Holley and Graham of Richmond:
A Resolution proposing an amendment so as to authorize the City Council of Augusta and Richmond County to enter into contracts with each other and with others, and with the Augusta Richmond County Building Authority, for the use of buildings and related facilities; and for other purposes.
Referred to the Committee on Amendments to Constitution No. 1.

HB 991. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to be entitled an Act to amend an Act providing for the examination of Master and Journeymen plumbers and steam fitters in counties having a population of 150,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 992. By Messrs. Lovett of Laurens, Bell of Richmond, Freeman of Monroe and MeWhorter of DeKalb :
A Bill to be entitled an Act to require the State Board of Workmen's Compensation to hear the merits relative to any resolution or bill seeking compensation from the State of Georgia for injuries or damages sustained; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 993. By Messrs. Mackey and Bell of DeKalb:
A Bill to be entitled an Act to amend an Act to create a Bond Commission for DeKalb County, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 994. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to amend an Act establishing a charter for the City of Mountain Park, and for other purposes.
Referred to the Committee on Municipal Government.

THURSDAY, JANUARY 31, 1952

1385

Mr. Freeman of Monroe 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 resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 261-943c. Do Pass.

Respectfully submitted, Freeman of Monroe, Chairman.

Mr. Nightingale of Glynn County, Chairman of the Committee on Amendments to the Constitution No. 2, submitted the following report:

Mr. Speaker:

Your Committee on Amendments to the Constitution No. 2 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 259-943a. Do Pass, as Amended.

HR 196-810i. Do Not Pass.

HR 244-927d. Do Pass.

HR 269-967c. Do Not Pass.

Respectfully submitted, Nightingale of Glynn, Chairman.

Mr. Edenfield of Emanuel County, Chairman of the Committee on Conservation, 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 947. Do Pass. Respectfully submitted, Edenfield of Emanuel, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Alverson of Fulton 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 v.ith the following recommendations:
HB 97 4. Do Pass, as Amended.
HB 978. Do Pass.
SB 341. Do Pass.
Respectfully submitted,
Alverson of Fulton,
Chairman.

Mr. Duncan of Carroll 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 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 951. Do Pass. HB 967. Do Pass. SB 263. Do Pass. SB 248. Do Pass.
Respectfully submitted, Duncan of Carroll, Chairman.

Mr. Rogers of Heard 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 949. Do Pass.
Respectfully submitted, Rogers of Heard, Chairman.

THURSDAY, JANUARY 31, 1952

1387

Mr. Hollis of Muscogee 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:
HB 869. Do Not Pass. SB 57. Do Pass. HB 965. Do Pass. HB 972. Do Pass. HB 893. Do Pass. SB 346'. Do Pass. SB 345. Do Pass. HB 952. Do Pass. HB 937. Do Pass. SB 284. Do Not Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.

Mr. Smith of Bryan 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 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 875. Do Pass. HB 662. Passed, as Amended. HB 874. Do Pass. SB 323. Do Not Pass. SB 322. Do Not Pass. SR 86. Do Pass. SB 273. Do Pass.
Respectfully submitted, Smith of Bryan, Chairman.

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JOURNAL OF THE HOUSE,

Mr. Rowland of Johnson 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 bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 763. Do Pass, as Amended.
HB 842. Do Pass, as Amended.
Respectfully submitted, Rowland of Johnson, Chairman.

Mr. Barber of Colquitt 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:

HB 917. Do Pass. HB 918. Do Pass. HB 920. Do Pass.

HB 921. HB 922. HB 923.

Do Pass. Do Pass. Do Pass.

HB 924. Do Pass. HB 962. Do Pass. HB 976. Do Pass. HB 975. Do Pass. HB 973. Do Pass. SB 281. Do Pass, as Amended.

Respectfully submitted, Barber of Colquitt,

Chairman.

Mr. Sheffield of Brooks County, Chairman of the Committee on Public Highways No. 2, submitted the following report:

THURSDAY, JANUARY 31, 1952

1389

Mr. Speaker:
Your Committee on Public Highways No. 2 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 234-908c. Do Pass.

Respectfully submitted, Sheffield of Brooks, 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 841. Do Pass. HB 889. Do Pass, by Substitute. HB 916. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed, as amended, by the requisite constitutional ma-
jority, the following bill of the House to wit:
HB 855. By Mr. Smiley of Liberty: A bill to create a new charter for the City of Hinesville, and for other purposes.
Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional ma-
jority, the following bill of the House to wit:
HB 4. By Messrs. Hand and Twitty of Mitchell; Ray of Warren; Smith of Emanuel; and others: A bill to amend an Act, approved February 25, 1949, and found in Georgia Laws 1949, page 1050, et seq., entitled, "An Act to prevent

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JOURNAL OF THE HOUSE,

discrimination against residents of the State of Georgia on the subject of taxation of accounts receivable and notes not secured by real estate by amending an Act entitled "An Act to classify property for taxation; and for other purposes.

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

HB 631. By Messrs. Burgamy of Sumter and Coffin of Schley, and others:
A bill to amend Section 81-1402 of the Code of Georgia of 1933, which section relates to the granting of continuances in trial courts when any party or his leading counsel is absent from court by reason of his attendance as a Legislator in the General Assembly; and for other purposes.

HB 676. By Messrs. Smith of Emanuel, Ray of Warren, and others:
A bill to amend an Act known as the "Rural Telephone Cooperative Act"; approved February 15, 1950 (Ga. Laws 1950, p. 192), so as to change t.he population figures in the definition of "Rural area", and to change the population figure in sub-section (e) relating to the powers of a cooperative; to repeal conflicting laws; and for other purposes.
HB 683. By Mr. Rogers of Heard:
A bill to amend the Charter of the City of Franklin, so as to change, extend and make uniform the corporate limits of said city and for other purposes.
HB 690. By Messrs. Bentley and Williams of Cobb:
A bill to amend an Act, creating a new Charter for the City of Austell; to provide for the amount of compensation and pay for Councilmen and for the Mayor of the City of Austell, and for the election date therefor; and for other purposes.
HB 699. By Mr. Callier of Talbot:
A bill creating a new charter for the Town of Talbotton, Georgia, approved August 20, 1913 (Georgia Laws 1913, p. 1173), as amended, so as to change the corporate name of the Town of Talbotton to the City of Talbotton; to repeal conflicting laws; and for other purposes.
HB 753. By Messrs. Hollis and Pickard of Muscogee; and others:
A bill amending the Charter of the City of Columbus, Georgia, by providing a method of appeal from the Recorder's or Mayor's Court of said City of Columbus to the City Court of Columbus and a method of trial de novo in said City Court of Columbus following such appeal; providing for procedure in such cases; and for other purposes.
HB 822. By Mr. Tarpley of Union:

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1391

A bill to provide for holding two additional terms of the Superior Court of Union County for the purpose of trying non-jury matters; and for other purposes.

HB 828. By Mr. Sheffield of Brooks:
A bill to amend an Act approved August 23, 1905, entitled "An Act to amend, consolidate and supersede the several Acts incorporating the City of Quitman in the County of Brooks, State of Georgia; to create a new charter and municipal government for said corporation; declare the rights and powers of same, and for other purposes"; and for other purposes.

HB 829. By Mr. Sheffield of Brooks:
A bill to amend the Act approved August 23, 1905, entitled "An Act to amend, consolidate and supersede the several acts incorporating the City of Quitman in the County of Brooks, State of Georgia; to create a new charter and municipal government for said corporation; declare the rights and powers of same, and for other purposes.

HB 844. By Mr. Boggus of Ben Hill:
A bill to amend an Act amending and rev1smg the Charter for the City cf Fitzgerald: "An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new Charter therefor, approved Aug. 22, 1907, and the several acts amendatory thereof"; and for other purposes.

HR 193. By Mr. Stewart of Habersham:
A resolution authorizing the State Librarian to furnish to the Superior Court of Habersham County, without cost to said County, certain enumerated volumes of the Georgia Reports and the Georgia Appeals Reports kept in the public library of Habersham County.

HR 204. By Mr. Boone of Wilkinson:
A resolution that the new bridge at Mcintyre be named and designated as the "Walden Bridge" in memory and honor of Sallie Bush Walden and William Walker Walden.

HR 207. By Mr. Boone of Wilkinson:
A resolution that the new bridge over Commissioner Creek on the Pennington Highway be named and designated as the "McCook Bridge" in memory and in honor of Shady Ann Brewer McCook and Charles H. McCook.
HR 208. By Mr. Boone of Wilkinson:
A resolution that the portion of highway running from Mcintyre, Georgia to its intersection with U. S. Highway No. 29 be named and designated as "Todd Road" in honor of the memory of John Caldwell Calhoun Todd.
HR 210. By Mr. Boone of Wilkinson:

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JOURNAL OF THE HOUSE,
A resolution that the projected bridge across Sandy Creek on the highway from Allentown to Toomsboro be named and designated "Hall Bridge" in order to perpetuate the memory of Hansford A. Hall, a great patriot and faithful son of Wilkinson County and the State of Georgia.

HR 216. By Messrs. Williams of Houston and Vandiver of Bibb:
A resolution authorizing the State Librarian to furnish to the Superior Court of Houston County, without cost to said County, certain enumerated volumes of the Georgia Supreme Court and Court of Appeals.

SB 305. By Senators Dunn of the 8th, Hawes of the 30th and Stephens of the 50th:
A bill to amend the "Building and Loan Act" Section 16-431 of the Code to provide for joint shares by two or more persons; to provide any of such persons who shall first act shall have power to act in all matters related to such account whether the other person or persons on such account be living or not; to amend Section 16'-437 to provide administrators, executors, guardians, trustees, insurance companies and other charitable or financial institutions, municipalities and other public corporations may invest funds in accounts and certificates of State-chartered and Fedei a! Savings and Loan Associations; and for other purposes.

SB 316. By Senator Mavity of the 44th:
A bill to amend the Act incorporating the Town of Fort Oglethorpe, to provide for the division of the town into wards for election of aldermen; to provide the manner of electing aldermen; and for other purposes.

SB 317. By Senators Rawls of the lOth, Mavity of the 44th, Bray of the 36th and Cocke of the 11th:
A bill to amend Section 50-103 of the Code relating to petitions for writ of habeas corpus and to whom presented so as to provide for excepting ca10es of conviction of felony or misdemeanor; to provide for transferring all cases of habeas corpus now pending before Ordinaries to the Superior Court, and for other purposes.
SB 324. By Senator Millican of the 52nd:
A bill to amend the Charter of Atlanta so as to permit reinstatement of policemen who resign in good standing; to create the position of land agent and fix his compensation; and for other purposes.
SB 325. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta to provide where there is a corner lot running on two roads or streets, when assessing cost for improvements made against land abutting or fronting on two roads or streets, the Mayor and Council may credit such lot with 150' feet where the property at the time of assessment is being served water

THURSDAY, JANUARY 31, 1952

1393

from existing mains; to provide applications for Homestead Exemption filed with the tax receiver or tax commissioner of Fulton or DeKalb County may be accepted by the city; and for other purposes.

SB 326. By Senator Millican of the 52nd:
A bill to provide that employees transferred from Fulton County to the City of Atlanta shall receive the same credit for service he would have received under the Pension Plan at the time he was transferred from the County to the City; to provide for a Board of Trustees for the Pension Plan of the City of Atlanta and provide that funds shall be kept separate; and for other purposes.

SB 328. By Senator Millican of the 52nd:
A bill to provide for a commission to study pension system for the City of Atlanta and Fulton County; to provide for $25,000 appropriation by the City and County for the expense of the Commission, and for other purposes.

SB 329. By Senator Millican of the 52nd:
A bili to provide pension protection for firemen transferred to the City of Atlanta from Fulton County; to provide credit for time served in the Fire Department of the County, and for other purposes.
SB 331. By Senator Millican of the 52nd:
A bill to provide for compensation of members of the Executive Committee holding primary elections in the City of Atlanta shall not exceed $200.00 each year, and for other purposes.
SB 337. By Senator Willingham of the 39th:
A bill authorizing the Boald of Education of the City of Marietta to sell vacant property held by ~aid Board which is not used for school purposes and does not adjoin property used for school purposes, and for other purposes.
SB 351. By Senator Davis of the 51st:
A bill to amend the Charter of the City of Perry, to authorize the Mayor and Council to elect a Recorder to preside over police court; to fix his salary and term of office, and for other purposes.
SB 352. By Senator Hargreaves of the 5th:
A bill to abolish the office of the Commissioner of Roads and Revenue of Atkinson County and to create three roads districts and create a Board of County Commissioners, composed of three; to provide their duties and compensation; to provide for bond to be given by said commissioners, and for other purposes.
SB 353. By Senator Millican of the 52nd:
A bill to require all governing authorities of counties and cities having

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JOURNAL OF THE HOUSE,
a population of 300,000 or more to have an audit made annually; to provide fer the printing of such audit, and for other purposes.

SB 354. By Senator Willingham of the 39th:
A bill to amend the Act creating the office of Commissioner of Roads and Revenue of Cobb County to raise his salary to $9,000.00 per annum, and for other purposes.

SB 356. By Senator Williams of the 19th:
A bill to require the Board of Education of Taliaferro County to receive at least three bids on all purchases by the Board in the amount of $500.00 or more; and for other purposes.
SB 357. By Senator Williams of the 19th:
A bill to require the Commissioners of Taliaferro County to receive at least three bids on all purchases made in the amount of $500.00 or more, excluding road machinery, and for other purposes.

SB 359. By Senator Oliver of the 54th:
A bill to repeal the Act that all law enforcement officers of Tattnall County enforcing traffic regulations shall be clothed in a uniform; to provide all motor vehicles used by said officers in Tattnall County shall be marked; to provide for sirens on such motor vehicles, and for other purposes.
SB 360. By Senator Oliver of the 54th:
A bill to fix the salary of officers of the Police Force of TattnaH County at $150.00 per month plus a fee of $10.00 for every conviction or p'ea of guilty obtained in any case made by said officers, and for other purposes.
SR 90. By Senator Stephens of the 50th:
A resolution proposing a combination of certain highways in Georgia to be designated Route 2 of Jefferson Davis Highway to more completely perpetuate the memory of Jefferson Davis, and for other purposes.

The Senate has read and adopted the following resolutions of the House:
HR 266. By Messrs. Johnson of Hall, Leach of Rockdale, Twitty of Mitchell, Scott of Thomas and others:
A resolution to request the Georgia Delegation in the Congress of the United States to investigate the possibilities and affect the establishment of a Naval Supply School on the Co-ordinate Campus in Athens, Ga.
HR 267. By Mr. Twitty of Mitchell:

THURSDAY, JANUARY 31, 1952

1395

A resolution to provide for the establishment of a contract awarding study committee; to provide for the appointment of the members of said committee; to define the rights and duties of such committee, and for other purposes.

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
HB 662. By Mr. Perkins of Carroll: A bill to be entitled an Act to provide for the licensing of dogs by the 5tate Game and Fish Commission, and for other purpose!.
HB 763. By Mr. Rowland of Johnson: A bill to be entitled an Act to amend an Act known as the Workmen's Compensation Law, and for other purposes.
HB 841. By Messrs. Rogers of Heard, Freeman of Monroe, and others: A bill to be entitled an Act to amend an Act so as to provide that counties shall not be required to participate in the costs of old age assistance, and for other purposes.
HB 842. By Messrs. Vandiver of Bibb and McGee of Chatham: A bill to be entitled an Act to forbid employers to charge individuals a fee for a medical examination as a condition of employment, and for other purposes.
HB 874. By Messrs. Walker of Telfair, Best of Clay, and others: A bill to be entitled an Act to amend an Act so as to include by definition of the word "physician", a licensed osteopathic physician, and for other purposes.
HB 875. By Messrs. Walker of Telfair, Best of Clay, and others: A bill to be entitled an Act to amend an Act so as to provide that a licensed osteopathic physician may certify that an applicant for a marriage license has been given an examination, and for other purposes.
HB 889. By Mr. McCracken of Jefferson: A bill to be entitled an Act to amend Code Section 95-1605 so as to provide that the State Highway Board shall not have the power to regulate the size of driveways, and for other purposes.
HB 893. By Mr. Hood of Chatham: A bill to be entitled an Act to repeal an Act imposing a penalty upon taxi cabs refusing transportation to passengers, and for other purposes.
HB 916. By Messrs. Twitty of Mitchell, Greer of Lanier, and Bentley of Cobb:

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JOURNAL OF THE HOUSE,
A bill to be entitled an Act to authorize the adjustment of compensation allowances to officials of the executive branch of the State government, and for other purposes.

HB 917. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to provide that candidates for mayor and councilmen of College Park shall be freeholders, and for other purposes.

HB 918. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to provide for excluding certain territory from the corporate limits of the City of College Park, and for other purposes.

HB 920. By Messrs. Alverson, M. Smith, and H. Smith of Fulton: A bill to be entitled an Act to amend an Act so as to provide for a more equitable sewer assessment of corner property in the City of College Park, and for other purposes.
HB 921. By Messrs. Alverson, M. Smith, and H. Smith of Fulton: A bill to be entitled an Act to amend an Act so as to change the civil 8ervice and pension law of the City of College Park, and for other purposes.
HB 922. By Messrs. Alverson, M. Smith, and H. Smith of Fulton: A bill to be entitled an Act to amend an Act so as to change the civil service pension law of the City of College Park, and for other purposes.
HB 923. By Messrs. Alverson, M. Smith and H. Smith of Fulton: A bill to be entitled an Act to amend an Act so as to change the eligibility requirements of voters in elections in the City of College Park, and for other purposes.
HB 924. By Messrs. Alverson, M. Smith, and H. Smith of Fulton: A bill to be entitled an Act to amend an Act so as to provide for the repaving of streets in the City of College Park, and for other purposes.
HB 937. By Messrs. Adams and Brantley of Upson: A bill to be entitled an Act to amend an Act so as to change the population figures contained therein, and for other purposes.
HB 947. By Messrs. Twitty of Mitchell and Key of Jasper: A bill to be entitled an Act to amend Section 22-1504 of the 1933 Code of Georgia so as to provide that domesticated or qualified foreign corporations may own lands, and for other purposes.
HB 949. By Messrs. Rogers of Heard, Tamplin of Morgan, and others:

THURSDAY, JANUARY 31, 1952

1397

A bill to be entitled an Act to protect livestock from infection with rabies by wild animals, and for other purposes.

HB 951. By Mr. Alverson of Fulton:
A bill to be entitled an Act to empower the Atlanta Bible Institute to confer the degree of Bachelor of Arts in Biblical Education, and for other purposes.

HB 952. By Messrs. Walker of Telfair and Pickard of Muscogee:
A bill to be entitled an Act to amend Section 61-104 of the Code of Georgia so as to provide that unless otherwise specified tenancies shall be construed to be tenancies at will, and for other purposes.

HB 962. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to authorize the use of a seal by the mayor of Atlanta, and for other purposes.

HB 96'5. By Messrs. Tumlin of Barrow, Bentley of Cobb, and others:
A bill to be entitled an Act to regulate boat traffic upon the waters of this State, and for other purposes.

HB 967. By Messrs. Brooks of Oglethorpe, Smith of Emanuel, and Freeman of Monroe:
A bill to be entitled an Act to authorize the State Board of Education to appoint committees to inspect institutions under its control, and for other purposes.

HB 972. By Mr. Hollis of Muscogee:
A bill to be entitled an Act to regulate practices relating to installment loans, and for other purposes.

HB 973. By Messrs. Vandiver, Clay, and Wood of Bibb:
A bill to be entitled an Act to confirm the action of the mayor and council of Macon in abandoning certain portions of Rose Street, and for other purposes.

HB 974. By Messrs. Langdale and Register of Lowndes:
A bill to be entitled an Act to amend an Act so as to provide that Lowndes County shall be divided into three commissioner districts, and for other purposes.

HB 975. By Mr. Jessup of Bleckley:
A bill to be entitled an Act to amend an Act so as to change the hours of holding elections in the City of Cochran, and for other purposes.

HB 976. By Messrs. Langdale and Register of Lowndes: A bill to be entitled an Act to amend an Act creating the City Coul"t

1398

JOURNAL OF THE HOUSE,

of Valdosta, and for other purposes.

HB 978. By Mr. Tarpley of Union:
A bill to be entitled an Act to supplement the compensation of the sheriffs of certain counties, and for other purposes.

HR 244-927d. By Mr. Jessup of Bleckley:
A resolution proposing an amendment to the Constitution of Georgia so as to consolidate the school systems of the City of Cochran and the County of Bleckley, and for other purposes.

HR 259-943a. By Messrs. Bolton and Harper of Spalding:
A resolution proposing an amendment to the Constitution of Georgia so as to consolidate the school systems of the City of Griffin and the County of Spalding, and for other purposes.

HR 261-943c. By Mes~rs. Ray of Warren, Smith of Emanuel, and others:
A resolution proposing an amendment to the Constitution of Georgia so as to exempt from taxation intangible personal property owned by trusts exempt from federal income tax, and for other purposes.

5B 57. By Senator Williams of the 19th:
A bill to be entitled an Act to provide for the testimony of an expert witness in criminal cases, and for other purposes.

SB 248. By Senator Williams of the 49th:
A bill to be entitled an Act to amend an Act so as to provide that certain music teachers shall be eligible under the Teachers' Retirement System, and for other purposes.

SB 263. By Senator Mallory of the 25th:
A bill to be entitled an Act to authorize county and city boards of Education to purchase educational literature, and for other purposes.

SB 273. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to require the approval of the budget prepared under the Ellis Health Bill, and for other purposes.

SB 281. By Senator Willingham of the 39th:
A bill to be entitled an Act to amend an Act creating a new charter ior the City of Marietta, and for other purposes.

5B 341. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to change the basis on which funds shall be provided by the City of Atlanta, Fulton, and DeKalb Counties for the operation of the planning commission, and

THURSDAY, JANUARY 31, 1952

1399

for other purposes.

SB 345. By Senators Carlisle of the 7th and Connell of the 6th:
A bill to be entitled an Act to amend an Act so as to provide that judges emeritus of the Court of Appeals shall receive certain annual compensations and allowances, and for other purposes.

SB 346. By Senators Carlisle of the 7th and Connell of the 6th:
A bill to be entitled an Act to amend an Act so as to provide compensation and allowances to the chief justice emeritus of the Supreme Court, and for other purposes.

SR 86. By Senator Grayson of the 1st: A resolution authorizing the issue of a birth certificate to Robert Norton Doty, and for other purposes.

The following resolution was read and adopted:

HR 278. By Messrs. Scoggin and Hall of Floyd, Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:

A REf,OLUTION
WHEREAS, it has become known that the father of our beloved colleague, the Honorable Dean Covington of Floyd County, departed this life last evening, and
WHEREAS, the Honorable Leon Covington, the father of our distinguished representative from Floyd County, was one of the outstanding citizens of Georgia and the father of one of the outstanding legislators, and
WHEREAS, his untimely demise will be deeply felt not only by his immediate family and the citizens of Floyd County but by the people of Georgia;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the heartfelt sympathy of each and every member of this House be extended to our beloved colleague and that a copy of this resolution be spread upon the Minutes of this House and that a copy be sent to his family.

Mr. Bolton of Spalding asked unanimous consent that the following bill of the House be recommitted to the Committee on Special Judiciary:
HB 812. By Messrs. Durden and Gardner of Dougherty: A bill to be entitled an Act to amend an Act so as to provide that deeds attested by only one shall be entitled to record, and for other purposes.
The unanimous consent request was granted and the bill was recommitted to the Committee on Special Judiciary.

Mr. McCracken of Jefferson asked unanimous consent that the following bill of the House be withdrawn from the Committee on State of Republic, read

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JOURNAL OF THE HOUSE,

the second time and recommitted to the Committee on State of Republic:

HB 544. By Mr. Lovett of Laurens:
A bill to be entitled an Act to regulate the sale of articles manufactured by the State, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on State of Republic, read the second time and recommitted to the Committee on State of Republic.

By unanimous consent, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
HR 234-908c. By Mr. Musgrove of Clinch:
A resolution proposing that a certain portion of highway in Clinch County be designated as the "Matthew H. Hughes 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 103, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HB 939. By Mr. Coogle of Macon:
A bill to be entitled an Act to amend an Act providing a commission to tax collectors in certain counties on ad valorem school tax so as to include other 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 940. By Mr. Sheffield of Brooks:
A bill to be entitled an Act to consolidate the offices of tax receiver and tax collector into the office of tax commissioner of Brooks County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays.
The bill, having received the requisite constitutional majority, was passed.
HB 941. By Messrs. Williams and Bentley of Cobb:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, and for other purposes.
The report of the Committee, which was favorable to the passage of the

THURSDAY, JANUARY 31, 1952

1401

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 942. By Messrs. Williams and Bentley of Cobb:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, and for other purposes.
The report 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 943. By Messrs. Trapnell and Neville of Bulloch:
A bill to be entitled an Act to provide for the compensation of the coroner in certain counties on a salary rather than a fee 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 955. By Mr. Harris of Wayne:
A bill to be entitled an Act to amend an Act incorporating the City of Jessup, and for other purposes.
The report 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 956. By Messrs. Pickard, Hollis, and Dicus of Muscogee:
A bill to be entitled an Act to amend an Act so as to change the com:~;~ensation of the mayor and commission of the City of Columbus, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0,
The bill, having received the requisite constitutional majority, was passed.

HB 957. By Mr. Knight of Gordon:
A bill to be entitled an Act to provide for the fees of the coroner of Gordon County, and for other purposes.
The report of the Committee, which was favorable to the passage of the

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JOURNAL OF THE HOUSE,

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 958. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an Act to amend an Act so as to supplement the compensation of the coroner of Glynn County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 960. By Mr. Greer of Lanier:
A bill to be entitled an Act to amend an Act so as to provide that the board of commissioners of roads and revenues of Lanier County shall fix the salary of its 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 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 961. By Mr. Russell of Barrow:
A bill to be entitled an Act to amend an Act so as to empower the City of Winder to operate a gas distribution system, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 968. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act so as to change the population figures contained therein, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 265-967b. By Messrs. Carr and Britton of Whitfield:
A resolution proposing that the State Librarian furnish certain law books to Whitfield County, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.

THURSDAY, JANUARY 31, 1952

1403

On the adoption of the resolution, the ayes were 116, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SB 227. By Senator Holloway of the 13th:
A bill to be entitled an Act to provide for the holding of terms of the superior court in Schley County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

bB 242. By Senator Trotter of the 37th:
A bill to be entitled an Act to amend an Act so as to change the compensation of the official court reporter of the Coweta Judicial Circuit, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 302. By Senator Dunn of the 8th:
A bill to be entitled an Act to amend an Act so as to perscribe a new term of office for the mayor and aldermen of the Town of Iron City, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 306. By Senator Williams of the 19th:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the chairman and members of the board of county commissioners of Taliaferro County, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 320. By Senator Williams of the 19th:
A bill to be entitled an Act to provide that the board of education of Taliaferro County shall publish monthly a list of expenditures, and for other purposes.

1404

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 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 321. By Senator Williams of the 19th:
A bill to be entitled an Act to provide that the board of commissioners of roads and revenues of Taliaferro County shall publish monthly a list of expenditures, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes 'vere 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bills and resolution of the Senate were 1ead the first time and referred to the committees:
&B 305. By Senators Dunn of the 8th, Hawes of the 30th and Stephens of the 50th: A Bill to be entitled an Act affecting Savings and Loan Associations, and for other purposes.
Referred to the Committee on Banks and Banking.
SB 316. By Senator Mavity of the 44th: A Bill to be entitled an Act to amend an Act creating and incorporating the Town of Fort Oglethorpe, and for other purposes.
Referred to the Committee on Municipal Government.
SB 317. By Senators Rawls of the lOth, Mavity of the 44th, Bray of the 36th, and others: A Bill to be entitled an Act to amend an Act relating to verification of petitions for writ of habeas corpus and to whom presented and for other purposes.
Referred to the Committee on General Judiciary No. 1.
SB 324. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to establish a new charter for the City of Atlanta so as to permit reinstatement of policemen who resign in good standing, and for other purposes. Referred to the Committee on Municipal Government.
SB 325. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act entitled an Act to establish a new charter for the City of Atlanta, and for other purposes.

THURSDAY, JANUARY 31, 1952 Referred to the Committee on Municipal Government.

1405

E>B 326. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide pensions in cities having more than 150,000 to general officers and employees of such cities, so as to provide for appointment of a Board of Trustees, and for other purposes.
Referred to the Committee on Municipal Government.

SB 328. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide for the establishment of a commission to study pension provisions for officers and employees in certain counties, and for other purposes.
Referred to the Committee on Municipal Government.

SB 329. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide pensions to members of fire departments in cities h:1ving more than 150,000 population, and for other purposes.
Referred to the Committee on Municipal Government.

SB 331. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to regulate primaries in municipalities having a population of more than 200,000, and for other purposes.
Referred to the Committee on Municipal Government.

SB 337. By Senator Willingham of the 39th:
A Bill to be entitled an Act to authorize the Board of Education of the City of Marietta to sell vacant property held by said Board which is not used for school purposes, and for other purposes.
Referred to the Committee on Municipal Government.
SB 351. By Senator Davis of the 51st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Perry, and for other purposes.
Referred to the Committee on Municipal Government.

SB 352. By Senator Hargreaves of the 5th:
A Bill to be entitled an Act to repeal an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson, and for other purposes.
SB 353. By Senator Millican of the 52nd:

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JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to require the governing authorities of counties and cities having more than 300,000 population, to cause an audit to be made annually, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 354. By Senator Willingham of the 39th:
A Bill to be entitled an Act to amend an Act creating a Commissioner of Roads and Revenues for Cobb County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 356. By Senator Williams of the 19th:
A Bill to be entitled an Act to require that the Board of Education of Taliaferro County receive at least three bids on all purchases made by the Board in the amount of $500.00 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 357. By Senator Williams of the 19th:
A Bill to be entitled an Act to require that the Board of Commissioners of Taliaferro County receive at least three bids on all purchases made by the Board in the amount of $500.00 or more, excluding the purchases made by the Board of Commissioners of road machinery; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 359. By Senator Oliver of the 54th:
A Bill to be entitled an Act to repeal an Act relating to law enforcement officers of Tattnall County, and for other purposes.
Referred to the Committee on Municipal Government.

SB 360. By Senator Oliver of the 54th:
A Bill to be entitled an Act to fix the salary of officers of the Police Force of Tattnall County, and for other purposes.
Referred to the Committee on Counties and County M'atters.

SR 90. By Senator Stephens of the 50th:
A Resolution proposing that a combination of certain highways in the State of Georgia be named and designated Route #2 of Jefferson Davis Highway in order to more completely perpetuate the memory of the great Southern patriot, Jefferson Davis, and for other purposes.
Referred to the Committee on Public Highways.

Mr. Green of Cherokee moved that the Committee on Temperance be instructed to refer the following bill of the House back to the House:

HB 96. By Messrs. Green of Cherokee and Kelley of Gwinnett:

THURSDAY, JANUARY 31, 1952

1407

A bill to be entitled an Act to prohibit the sale of intoxicating liquors within one hundred yards of the grounds of any church, and for other
purposes.

Mr. Green of Cherokee withdrew his motion.

Mr. Owens of Tift asked unanimous consent that the following bill of the House be withdrawn from the committee on General Judiciary No. 2, read the second time and recommitted to the Committee on General Judiciary #2:

HB 953. By Messrs. Kennedy of Turner and Owens of Tift:
A bill to be entitled an Act to amend an Act so as to provide that load limits on highways shall not apply to certain haulings of agricultural products, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on General Judiciary #2, read the second time and recommitted to the Committee on General Judiciary #2.

Mr. M. Smith of Fulton asked unanimous consent that the following bill of the House be withdrawn from the Committee on Corporations, read the second time and recommitted to the Committee on Appropriations:
HB 964. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to make appropriations for the operation of eleemosynary institutions, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on Corporations, read the second time and recommitted to the Committee on Appropriations.

Under the regular order of business, the following resolution of the House was taken up for consideration and read the third time:
HB 178-755e. By Messrs. Hand of Mitchell, Smith of Emanuel, Ray of Warren, Twitty of Mitchell, Hall of Floyd, Hawkins of Screven:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia by adding to Paragraph IV of Section IX of Article VII, a new subparagraph to read as follows:
"There is hereby continually appropriated and included as a part of each General Appropriation Act for each fiscal year the sum of $10,000,000.00 which shall be available each fiscal year to defray the cost of capital outlay expenditures necessary in establishing and maintaining a system of common schools in the State of Georgia. The expenditures of this appropriation shall be subject to all the rules, regulations and restrictions imposed on the expenditure of all other appropriations by the provisions of this Constitution and by the provi-

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JOURNAL OF THE HOUSE,
sions of all other laws enacted by the General Assembly which are not inconsistent with the following specific conditions authorizing the expenditure of the specific funds hereby appropriated:
(a) The funds appropriated by this provision shall be distributed to the local school units of the public schools in this State by the State Board of Education in conformity with provisions of law enacted by the General Assembly pertaining to the allotment and expenditures of funds for capital outlay purposes. Any provisions of this Constitution to the contrary notwithstanding, the State, any County Board of Education, City Board of Education, or governing body of any independent system of this State, may enter into contracts with each other, or with any agency or instrumentality of the State or with any authority for the use of school facilities needed in the operation of the school system for a period not exceed twenty (20) years and obligate themselves to pay sums certain during the entire period of such contracts for the use of said facilities.
In the event any local school unit enters into a lease contract with the State School Building Authority for the use of facilities of the Authority, as authorized by Article VII, Section VI, Paragraph I of this Constitution, and by this amendment, the State Board of Education shall not reduce the annual amount originally distributed from this appropriation to the local school unit so long as the lease contract is in force and effect. Upon the receipt of an executed copy of said lease contract, the State Board of Education is hereby authorized and directed to monthly or annually pay to the Authority such part of the capital outlay funds made available to the local school unit as may be required to meet the terms of the lease contract executed by the local school unit with the Authority. Such payment to the Authority shall constitute a payment to the local school unit for operating costs and the local school unit shall record the same as having been received and disbursed for the purpose of payment of the rentals required under the terms of the lease contract.
In the event any amount of the funds appropriated hereby is allotted to a local school unit in any fiscal year which is not required to meet the terms of a lease contract entered into with the State School Building Authority, the State Board of Education is hereby authorized and directed to pay the amount of money so allotted to the governing authorities of the local school unit. The governing authorities, upon receipt of the funds, shall place same in a trust fund and keep same separate and apart from all other moneys of such local school unit to be held and expended in the following manner and order:
First, payment into the bond sinking fund may be made as an earning of the sinking fund for use of school facilities acquired through bond funds to apply on payment of principal and interest of any bonded indebtedness created after July 1, 1951 in the event the County Board of Education by proper resolution provides for the application of the available funds for such purpose and in which event the tax required to be levied by law for said sinking fund shall be reduced by the amount of such payment;
Second, any remaining funds available after payment of amounts directed to be paid to the bond sinking fund may be expended for the payment of any school obligation incurred after July 1, 1951 for the

THURSDAY, JANUARY 31, 1952

1409

purpose of acquiring by purchase, construction or otherwise, additional heating, sewerage or water systems essential to the improvement of school housing facilities and any additional school sites, additional rooms in or adjacent to present school plant facilities; additional school plant facilities and the necessary equipment for the additional rooms or the additional school plant facilities;
Third, when the State Board of Education has by proper board action deemed that the local school unit has made ample school facilities available, then any remaining funds available, shall be paid into the bond sinking fund as an earning of the sinking fund for use of school facilities acquired through bond funds to apply on payment of principal and interest of any bonded indebtedness created after July 1, 1951, then any remaining funds available shall be paid into the bond sinking fund as a earning of the sinking fund for use of school facilities acquired through bond funds realized prior to July 1, 1951, and in each instance, the tax required to be levied by law for said sinking fund shall be reduced by the amount of such payment. Any remaining funds available after payment or providing sufficient funds in sinking fund for payment of all obligations cited herein may be expended for repairs and alterations to existing plant facilities and equipment therefor.
Any person or persons violating the provisions of this amendment shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the penitentiary for not less than two nor more than five years.
The provisions of this amendment shall be void and of no force and effect as of June 30, 1973."
Be it resolved by the General Assembly of Georgia:
Section 1. Upon the approval of this resolution in the manner hereinafter provided, that Paragraph IV of Section IX of Article VII of the Constitution of the State of Georgia be amended by adding a new subparagraph to read as follows:
Thee is hereby continually appropriated and included as a part of each General Appropriation Act for each fiscal year the sum of $10,000,000.00 which shall be available each fiscal year to defray the cost of capital outlay expenditures necessary in establishing and maintaining a system of common schools in the State of Georgia. The expenditures of this appropriation shall be subject to all the rules, regulations and restrictions imposed on the expenditure of all other appropriations by the provisions of this Constitution and by the provisions of all other laws enacted by the General Assembly which are not inconsistent with the following specific conditions authorizing the expenditure of the specific funds hereby appropriated:
(a) The funds appropriated by this provision shall be distributed to the local school units of the public schools in this State by the State Board of Education in conformity with provisions of laws enacted by the General Assembly pertaining to the allotment and expenditures of funds for capital outlay purposes. Any provisions of this Constitution to the contrary notwithstanding, the State, any County Board of Education, City Board of Education, or governing body of any independent system of this State, may enter into contracts with each other, or with

1410

JOURNAL OF THE HOUSE,
any agency or instrumentality of the State or with any authority for the use of school facilities needed in the operation of the school system for a period not exceeding twenty (20) years and obligate themselves to pay sums certain during the entire period of such contracts for the use of said facilities.
In the event anv local school unit enters into a lease contract with the State Schoo-l Building Authority for the use of facilities of the Authority, as authorized by Article VII, Section VI, Paragraph I of this Constitution, and by this amendment, the State Board of Education shall not reduce the annual amount originally distributed from this appropriation to the local school unit so long as the lease contract is in force and effect. Upon the receipt of an executed copy of said lease contract, the State Board of Education is hereby authorized and directed to monthly or annually pay to the Authority such part of the capital outlay funds made available to the local school unit as may be required to meet the terms of the lease contract executed by the local school unit with the Authority. Such payment to the Authority shall constitute a payment to the local school unit for operating costs and the local school unit shall record the same as having been received and disbursed for the purpose of payment of the rentals required under the terms of the lease contract.
In the event any amount of the funds appropriated hereby is allotted to a local school unit in any fiscal year which is not required to meet the terms of a lease contract entered into with the State School Building Authority, the State Board of Education is hereby auhorized and directed to pay the amount of money so allotted to the governing authorities of the local school unit. The governing authorities, upon receipt of the funds, shall place same in a trust fund and keep same separate and apart from all other moneys of such local school unit to be held and expended in the following manner and order.
First, payment into the bond sinking fund may be made as an earning of the sinking fund for use of school facilities acquired through bond funds to apply on payment of principal and interest of any bonded indebtedness created after July 1, 1951 in the event the County Board of Education by proper resolution 'provides for the application of the available funds for such purpose and in which event the tax required to be levied by law for said sinking fund shall be reduced by the amount of such payment;
Second, any remaining funds available after payment of amounts directed to be paid to the bond sinking fund may be expended for the payment of any school obligation incurred after July 1, 1951 for the purpose of acquiring by purchase, construction or otherwise, additional heating, sewerage or water systems essential to the improvement of school housing facilities and any additional school sites; additional rooms in or adjacent to present school plant facilities; additional school plant facilities and the necessary equipment for the additional rooms or the additional school plant facilities;
Third, when the State Board of Education has by proper action deemed that the local school unit has made ample school facilities available, then any remaining funds available, shall be paid into the bond sinking fund as an earning of the sinking fund for use of school facilities acquired through bond funds to apply on payment of principal

THURSDAY, JANUARY 31, 1952

1411

and interest of any bonded indebtedness created after July 1, 1951, then any remaining funds available shall be paid into the bond sinking fund as an earning of the sinking fund for use of school facilities acquired through bond funds realized prior to July 1, 1951, and in each instance, the tax required to be levied by law for said sinking fund shall be reduced by the amount of such payment. Any remaining funds available after payment or providing sufficient funds in sinking fund for payment of all obligations cited herein may be expended for repairs and alterations to existing plant facilities and equipment therefor.
Any person or persons violating the provisions of this amendment shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the penitentiary for not less than two nor more than five years.
The provisions of this amendment shall be void and of no force and effect as of June 30, 1973."
Section 2. Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly, and the same has been entered on their journals, with the "yeas" and "nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each congressional district of this State, for two months next preceding the time of holding the next general election.
Section 3. Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection by the electors of this State at the next general election to be held after the publication as provided for in the second section of this resolution, in the several elections districts of this State, at which election every person shall be 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 the amendment to Paragraph IV of Section IX of Article VII of the Constitution, to provide for the appropriation of funds for capital outlay expenditures in establishing and maintaining a system of common schools."
And all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words:
"Against the ratification of the amendment to Paragraph IV of Section IX of Article VII of the Constitution, to provide for the appropriation of funds for capital outlay expenditures in establishing and maintaining a system of common schools."
If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for member 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

1412

JOURNAL OF THE HOUSE,

Governor, who shall, if such amendment be ratified, make proclamation thereof.
Section 4. That any and all provisions of law and parts of laws in conflict herewith be, and the same are hereby repealed.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Evans Alverson Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bentley Best Biggers Birdsong Black Boggus Bolton Boone Britton Brooks Burgamy Burkett Campbell of Oconee Campbell of Walker Cates Clary Clay Coogle Cornelius Cranford Dally Deason Denton Dews Dorsey Duncan Durden Durham Fears Flynt Freeman

Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Rabun Greene of Crisp Greer Griffith Groover Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Huddleston Ivey Jackson Jessup Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Key Kidd King
Kitchens Knight Lam Langdale Lanier Lavender Leach Lewis of Greene

Lewis of Hancock Little Lovett McCracken McKelvey McWhorter Mackay Mangum Mims Mishoe Mull Murphy Murr Musgrove Nelson Neville Overby Owens Perkins Pickard Pittard Ramsey Raulerson Ray Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Scott Scoggin Sheffield Short Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stocks Sumner Tamplin

THURSDAY, JANUARY 31, 1952

1413

Tarbutton Terry Tillman Todd Trapnell Tumlin Turk Twitty Vandiver

Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Whitworth

Wiggins Wilkes Wilkinson Williams of Cobb Willingham
Willis Wooten Wright

Those voting in the negative were Messrs.:

Adams of Upson Brantley

Nightingale

Russell

Those not voting were Messrs.: Adams of Brantley, Aycock, Bell of Richmond, Brannen, Brazeal, Byrd, Callier, Carr, Clark, Claxton, Coffin, Covington, Deen, Dicus, Edenfield, Green of Irwin, Guthrie, Hale, Hollis, Hood, Hopkins, Johnston, Jones of Bartow, Kennedy, McGarity, McGee, Matthews, Newman, Otwell, Page, Parker, Peacock, Pickett, Register, Risner, Stevens of Marion, Stewart, Tarpley, Tippens, Ursrey, Williams of Houston, Wood, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 158, nays 4.
The resolution, having received the requisite two-thirds constitutionai majority, was adopted.

Mr. M. Smith of Fulton asked unanimous consent that the following bills of the House be withdrawn from the Committee on Insurance, read the second time and recommitted to the Committee on Insurance:

HB 868. By Mr. Alverson of Fulton:
A bill to be entitled an Act to amend an Act so as to make certain changes in the provisions relating to insurance for u-drive-it operators, and for other purpose.

HB 930. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to make the proviso thereof applicable to insurance companies licensed under the laws of Georgia, and for other purposes.
The unanimous consent request was granted and the bills were withdrawn from the Committee on Insurance, read the second time and recommitted to the Committee on Insurance.

By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 855. By Mr. Smiley of Liberty:
A bill to be entitled an Act to create a new charter for the City of Hinesville, and for other purposes.

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JOURNAL OF THE HOUSE,

The following Senate amendment to HB 855 was read:
Senator Edenfield of the 2nd district moves to amend HB 855 by adding a new section immediately following Section 27, to be numbered Section 27-a, and to read as follows: "27-a. This Act shall not become effective until approved at an election to be called and held by the Mayor and Council of the City of Hinesville on the 15th day of April, 1952, under the following conditions: All of the qualified voters of the City of Hinesvil1e and the entire area to be annexed under the provisions of this Act shall be entitled to vote at said election, and the majority of those voting at such election shall be required to allow this Act to become effective, and if so approved this Act shall become effective 15 days from the determination of the final results of said election. If a majority of the voters voting in said election shall vote against this Act, the Mayor and Council of the City of Hinesville shall so certify and proclaim and the said Act shall not become effective. The ballot for such election shall have printed thereon the following words for those voters desiring to vote for extending the City Limits of Hinesville: ( ) FOR extending city limits; and the following printed words for those voters desiring to vote against extending the City Limits of Hinesville: ( ) AGAINST extending city limits."
On the question of agreeing to the Senate amendment, the ayes were 103, nays 0.
The Senate amendment was agreed to.

Under the regular order of business, the following bills of the Senate were taken up for consideration and read the third time:
SB 233. By Senators Rawls of the lOth and Connell of the 6th: A bill to be entitled an Act to repeal an Act creating a state-wide general election in addition to those elections now provided for, and for other purposes.
The report 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 173. By Senator Willingham of the 39th:
A bill to be entitled an Act to amend Section 15-1307 of the 1933 Code of Georgia relating to the homicide of a child and for other purposes.
The following committee substitute to SB 173 was read and adopted:
A BILL
To be entitled an Act to amend Section 105-1307 of the Gode of Georgia of 1933, which section relates to suits for the homicide of a child, so as to remove the provisions relating to dependency and contribution, and to provide that in suits by the mother the illegitimacy

THURSDAY, JANUARY 31, 1952

1415

of the child shall be no bar to recovery; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia as follows:
Section 1.
Section 105-1307 of the Code of Georgia of 1933, which section relates to suits for the homicide of a child, is hereby amended by striking the words "upon whom she or he is dependent, or who contributes to her or his support," and by adding at the end thereof the words: "In suits by the mother, the illegitimacy of the child shall be no bar to a recovery.", so that said section when so amended, shall read as follows:
"105-1307.-A mother, or, if no mother, a father, may recover for the homicide of a child, minor or sui juris, unless said child shall leave a wife, husband or child. The mother or father shall be entitled to recover the full value of the life of such child. In suits by the mother the illegitimacy of the child shall be no bar to a recovery."
Section 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 109, nays 1.
The bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, the following bill of the Senate was recommitted to the Committee on General Judiciary #2.

SB 284. By Senators Willingham of the 39th, Connell of the 6th, and Rawls of the lOth:
A bill to be entitled an Act to authorize officers and employees of the Court of Appeals to become members of the Employees Retirement System, and for other purposes.

The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 4.

By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:
A bill to be entitled an Act to amend an Act relating to taxation of accounts receivable, and for other purposes.

The following Senate substitute to HB 4 was read:
AN ACT To prescribe the rate for the taxation for the year 1953 and each succeeding year of accounts receivable and promissory notes not se-

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JOURNAL OF THE HOUSE,
cured by real estate and classified for taxation as intangible property by the Act of the General Assembly of December 27, 1937, as amended; to re-classify for taxation certain intangible property consisting of long term notes secured by real estate; to provide for the taxation of such re-classified property by levying and providing for the collection of a recording tax thereon; to re-classify for taxation intangible property consisting of short term notes secured by real estate; and for other purposes.
Be it enacted by the General Assembly of Georgia:
Section 1.
That for the year 1953 and annually thereafter there is hereby levied a property tax at the rate of ten cents (10) on each one thousand dollars ($1,000.00) of the fair market value of all accounts receivable and notes not rep1esenting credits secured by real estate, classified for taxation as intangible property by the Act of the General Assembly approved December 27, 1937, as heretofore amended. For the year 1952 such accounts receivable and notes not representing credits secured by real estate shall be taxed at the rate provided by said Act of December 27, 1937, as amended by the Act approved February 25, 1949, it being the intention of this section to reduce the rate for the taxation of such accounts receivable and notes representing credits not secured by real estate from three dollars ($3.00) on each one thousand dollars ($1,000) of the fair market value thereof to ten cents (10) on each one thousand dollars ($1,000) of the fair market value thereof, effective January 1, 1954. Advancements of money made on agricultural commodities, where the person making the advancement retains possession of such commodities, shall be exempt from taxation as intangible property.
Section 2.
For the purposes of this Act the term "long term notes secured by real estate" shall mean any note or notes representing credits secured by real estate in the form of mortgages, security deeds, purchase money security deeds, bonds for title, or any other form by whatsoever name called, any part of the principal of which falls due more than five years from the date of such note or notes, or of any instrument executed to secure such note or notes and conveying or creating a lien or encumbrance on real estate for such purpose. The term "short term notes secured by real estate" shall mean any such note or notes, the whole of the principal of which falls due within five years from the date of such notes or notes, or of any such instrument executed to secure the same.
Section 3.
Every holder of long term notes secured by real estate shall, within ninety days from the date of the instrument executed to secure the same, record such instrument in the county in which is situated the real estate conveyed or encumbered or upon which a lien is created to secure such note or notes, and shall, at the time of filing such instrument for record pay to the clerk of the superior court of such county, in addition to the regular fee of the clerk for such recordation, a tax, at the rate of one dollar and fifty cent ($1.50) for each five hundred

THURSDAY, JANUARY 31, 1952

1417

($500.00) dollars or fraction thereof of the face amount or the note or notes secured by such instrument. Provided, however, that the maximum amount of such tax payable with respect to any instrument when so recorded shall be three thousand ($3,000.00) dollars.
Section 4.
The clerk of the Superior Court of the county in which such instrument is recorded shall enter upon such instrument, and upon the record thereof, the fact of the payment of the tax required by the foregoing section, and the amount so paid. Such certificate shall be in such form as the State Revenue Commissioner may require, and may, if the Commissioner so direct, be entered by means of a rubber stamp, but in any event shall bear the signature of the clerk.
Section 5.
Every such instrument conveying, encumbering, or creating a lien upon real estate shall set forth in words and figures the correct amount of the note or notes secured by such instrument, and the dates upon which such note or notes fall due. The clerk shall not admit such instrument to record if this section ill violated.
Section 6.
Any vendor of real estate who shall retain title thereto as security for the purchase price, shall execute and deliver to the vendee a bond for title which shall correctly set forth the unpaid portion of the purchase price and the maturity of such indebtedness. If any part of the purchase price falls due more than five years from the date of such instrument, such vendor shall, before delivery of the bond for title, have the same recorded in the county where the land is situated and pay the tax required by this Act on account thereof.
Section 7.
Each clerk of the Superior Court in this State shall make a report to the State Revenue Commissioner, on forms prescribed by him, on the first and fifteenth of each month, of all sums collected under this Act, and shall at the same time remit to the State Revenue Commissioner all sums so collected, less two per centum thereof, which the clerk shall retain as compensation for his services in collecting said tax. All such taxes shall be deemed to have been collected by the clerk of the Superior Court collecting them in his official capacity, and a failure to remit, as herein required, shall constitute a breach of official duty, and of the official bond of such clerk. In each county in which the clerk of the Superior Court is on a salary, the two per centum allowed the clerk by this section as compensation shall be paid into the country treasury and become county property.
Section 8.
If any instrument required to be recorded hereunder shall convey, or encumber, or create a lien upon real estate situated in more than one county, the tax herein required shall be paid to the clerk of the county in which such insbument is first recorded. If any instrument conveying, encumbering or creating a lien on real estate located within and without Geo1gia as security for long term notes is held by a non-

1418

JOURNAL OF THE HOUSE,
resident of the State when presented for recording under this Act, the tax required hereunder shall be in an amount which is in the ratio that the value of the real estate within Georgia bears to the total value of all the real estate within and without the State described in such instrument, which values shall be entitled under oath by the holder presenting the instrument for record.
Section 9.
Every resident owner of long term notes secured by real estate outside of this State, including domestic corporations and foreign corporations having their principal places of business in Georgia, shall, in lieu of recording the instrument securing any such note or notes, file a memorandum thereof with the State Revenue Commissioner, on forms prescribed by him, and, at the same time, pay to the State Revenue Commissioner the amount of the tax required by this Act with respect to such instrument. The revenue from such instrument shall be distributed to the State, counties and municipalities as if the real estate securing such instruments was located in the county of the domicile of the taxpayer, or in the county of the principal place of business of a taxpayer if a corporation.
Section 10.
All revenues derived from this Act shall be distributed as now provided by law for the distribution of revenue collected under the Intangible Tax Act approved December 27, 1937, (Ga. Laws Ex Session 1937-38, p. 156), that is, to the State, the municipality in which such real estate is situated, and the county in which such real estate is situated. If such real estate is not situated within a municipality, the tax shall be distributed to the State and the county. If the real estate is situated in more than one county, the appropriate portion of the tax shall be equitably divided among such counties by the State Revenue Commissioner.
Section 11.
Failure to pay the tax levied by this Act shall constitute a bar to the collection of the indebtedness secured by any instrument required by this Act to be recorded, by suit, foreclosure, the exercise of any power of sale, or otherwise, whether such instrument be held by an original party thereto or a transferee. Such bar may be removed by the payment of the tax required hereunder, plus interest at six per cent per annum from the time said tax was due, and plus a penalty of 25 per cent of the amount of the tax. Provided, however, that the State Revenue Commissioner may waive such penalty if he determines that the failure to pay the tax was through ignorance of the law, or inadvertence, and not in bad faith. Provided, further, that this section shall not apply to instruments acquired prior to the effective date of this Act.
Section 12.
Short term notes secured by real estate, as defined by Section One, shall be taxed ad valorem as unsecured notes are taxed by said Act of December 27, 1937, known as the Intangible Tax Act, as amended. Nothing herein contained, however, shall be construed to require the payment of such ad valorem taxes on such short term notes

THURSDAY, JANUARY 31, 1952

1419

by banks or other institutions exempted by said Act of December 27, 1937.
Section 13.
The tax required by this Act to be paid on account of such long term notes secured by real estate, and ad valorem upon short term notes secured by real estate, shall be exclusive of all other taxes thereon, and such intangible property shall not be taxed in any other manner by the State, or any county or municipality of the State, nor shall the owner or holder thereof be required to pay any other tax thereon: Provided, that nothing herein shall be construed to exempt any such owner or holder from income taxes otherwise due on account of income derived from such property.
Section 14.
No further tax or recordation as evidence of the payment thereof shall be necessary with respect to any instrument held as security for such long term notes acquired before the effective date of this Act, but said Intangible Tax Act of December 27, 1937, as amended, shall apply to such property, to the extent that taxes have accrued thereunder prior to the effective date of this Act, and the payment of such taxes shall be deemed compliance with this Act within the meaning of Section 13.
Section 15.
No additional tax hereunder shall be required on account of any instrument which is an extension, transfer, assignment, modification or renewal of, or which only adds additional security for, any original indebtedness or part thereof, secured by an instrument subject to the tax imposed by Section 3 hereof, and upon which the clerk has made the entry showing payment of the tax under this Act.
Section 16.
If any section or part of this Act shall be declared unconstitutional by any court of competent jurisdiction, such ruling shall not affect the validity of the remaining sections or portions of the Act, it being the legislative intent to enact each section hereof separately.
Section 17.
Any person who shall wilfully violate Section 5 of this Act shall be guilty of a misdemeanor, and, on conviction, shall be punished as provided by law in such cases.
Section 18.
Sections 2 through 17 of this Act shall become effective April 1, 1952.
Section 19.
All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Ray of Warren moved that the House disagree to the Senate substitute to HB 4, and the motion prevailed.

1420

JOURNAL 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 507. By Messrs. Rogers of Heard, Boggus of Ben Hill, and others:
A bill to be entitled an Act to provide for licensing of dealers and brokers of livestock, and for other purposes.
Amendments offered by Messrs. Ursrey of Jeff Davis and Peacock of Dodge were withdrawn.

The following substitute to HB 507 was read:
By Messrs. Rogers of Heard and McGarity of Henry:
A bill to be entitled an Act to prohibit a dealer or broker, or barn, auction or sales operator from selling, auctioning, transferring or moving any livestock infected with, suspected of being infected with, or which has been exposed to any infectious or contagious livestock disease; to require all barn, auction or sales operators to be licensed and to provide for the conditions and terms of such license; to provide the Commissioner of Agriculture with authority to quarantine any premises infected with contagious disease or any premises of such unsanitary condition as might cause the spread of disease; to authorize the Commissioner of Agriculture to issue rules and regulations; to give any person affected by any act, rule or regulation of the Commissioner of Agriculture a right to administrative relief; to make a violation of this Act a misdemeanor; and for other and related purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same:
Section 1.
Definitions.
(a) The word "livestock" for the purpose of this Act shall include cattle, swine, sheep and goats of all kinds and species.
(b) The words "dealer" or "broker" as used in this Act shall mean any person, firm or corporation engaged in the business of buying livestock of any kind for resale or in selling livestock of any kind bought for the purpose of resale or in buying livestock of any kind for slaughter; and every agent acting for or on behalf of any dealer or broker or auction operator is for the purpose of this Act a dealer or broker; provided, however, that farmers acquiring livestock for the purpose of grazing and feeding as a part of their farm operations only are exempt from the definition herein applicable to dea~er or broker.
(c) The words "barn, auction or sales operator" as used in this Act shall mean any person, firm or corporation engaged in the business of operating public auctions or sales of livestock, or of operating barns and yards for the concentration of livestock held for the purpose of auction or sale.
Section 2.
No dealer or broker and no barn, auction or sales operator shall sell, auction, transfer or move any livestock which are infected with

THURSDAY, JANUARY 31, 1952

1421

any disease or which have been placed under quarantine by the authority of the Commissioner of Agriculture. No dealer or broker, and no barn, auction or sales operator shall sell, auction, transfer or move any livestock which have been infected or which are suspected of being infected or which are likely to have been exposed to infection until all such livestock have been inspected by a veterinarian approved by the Commissioner of Agriculture. No dealer or broker, and no barn, auction or sales operator shall sell, auction, transfer or move any livestock from any barn, yard or premises unless all sanitary practices and precautions prescribed by the rules and regulations of the Commissioner of Agriculture have been observed in said premises, barn or yard.
Section 3.
On and after March 1, 1952, no livestock barn, auction or sales operator shall engage in or carry on such business without first having applied for and obtained a license from the Commissioner of Agriculture; no livestock dealer or broker who buys or sells through a livestock barn, auction or sales operator shall engage in or carry on such business without first having applied for and obtained a license from the Commissioner of Agriculture. Each license shall expire as of March 1st of each year and each application for license must be accompanied by a license fee of five ($5.00) dollars.
Section 4.
Every dealer or broker or agent of the same and every barn, auction or sales operator shall keep such accounts, records and memoranda as to fully and clearly disclose all transactions involved in his business, and shall provide the Commissioner of Agriculture with free access to the same. Every barn, auction or sales operator shall provide the Commissioner of Agriculture with any additional information or statistical reports relating to such business which the Commissioner of Agriculture may require.
Section 5.
The Commissioner of Agriculture is authorized to formulate, adopt and promulgate and enforce rules and regulations for the purpose of carrying into effect the provisions of this Act.
Section 6.
Every licensed dealer or broker and every licensed barn, auction or sales operator who shall violate the laws or rules and regulations established by the Commissioner of Agriculture pursuant to these laws upon a notice and hearing shall have his license revoked, cancelled or suspended.
Section 7.
In the control, suppression, prevention and eradication of livestock diseases, the Commissioner of Agriculture or any duly authorized livestock inspector acting under his authority is authorized and required to quarantine any premises or any area when he shall determine that livestock in such place or places are infected with a contagious or infectious disease, or that the unsanitary condition of such place or places might cause the spread of such disease, or that the owner

1422

JOURNAL OF THE HOUSE,
or occupant of such place or places is not observing sanitary practices, under the authority of this or any other Iivetsock law of this State. The Commissioner of Agriculture is hereby authorized and empowered to adopt and promulgate rules and regulations prescribing the sanitary standards and requirements for the prevention, control, suppression and eradication of livestock diseases in this State, such regulations to be no less adequate for the protection of the livestock industry and public health than those of the Bureau of Animal Industry of the United States Department of Agriculture.
Section 8.
Any dealer or broker and any barn, auction, or sales operator as defined by this Act who shall violate any of the provisions of this Act, any quarantine provision, rule or regulation established by the Commissioner of Agriculture under the authority of this or other law for the protection of the general public in the prevention of livestock diseases shall be guilty of a misdemeanor.
Section 9.
Any person affected by any rule or regulation adopted and promulgated by the Commissioner of Agriculture pursuant to any statute conferring such authority upon him, who believes that the Commissioner of Agriculture in the promulgation of such rules and regulations or in the enforcement thereof has gone beyond the authority vested in him by law or who believes that the Commissioner of Agriculture has exceeded any power which the Legislature of the State of Georgia under the Constitution of the United States or the Constitution of Georgia conferred upon him is hereby given the right to protest, or object, in writing to such rule or regulation, or any act done by the Commissioner pursuant to said rule or regulation, as he may believe violates the legal and constitutional authority of the Commissioner of Agriculture by pointing out in what respect and for what reasons he contends the act, rules or regulations to be improper or illegal. The Commissioner of Agriculture is required to consider every such objection and afford the protestant opportunity to submit evidence and argument in support Of his protest and if, in his judgment, the protest is in whole or in part well founded, the Commissioner of Agriculture shall take such corrective measures as are necessary to give the protestant relief in every respect from any illegal or unconstitutional requirement. The foregoing is expressly made an administrative 1emedy and every person affected by any rule, regulation or act of the Commissioner is required to exhaust this remedy before pursuing any other remedy.
Section 10.
If any provision of this Act or the application thereof to any any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application and to this end the provisions of this Act are declared to be severable.
Section 11.
All laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed.

THURSDAY, JANUARY 31, 1952

1423

The following amendment to the substitute was read and adopted:

Mr. Twitty of Mitchell moves to amend the substitute to HB 507 by striking Section 4 in its entirety.
The substitute to HB 507 was adopted, as amended. The report of the committeee, which was favorable to the passage of the bill, as amended, was agreed to, by substitute, as amended. The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Evans Adams of Upson Aycock Ball Barber of Jackson Bargeron Battles Baughman Beasley Bentley Biggers Birdsong Boone Brantley Britton Brooks Burgamy Burkett Campbell of Oconee Cates Clary Claxton Clay Coogle Cranford Dally De en Denton Dews Dicus Dorsey Fears Freeman Gardner Garrard Gary
Gillis Graham Green of Cherokee Green of Irwin Green of Rabun Greene of Crisp

Greer Groover Hadden Harrell Hawkins Henderson Herrin Holley Hollis Ivey Jackson Jessup Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd Knight Lam Langdale Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGarity McWhorter Mackay Matthews Mims Mull Murphy Murr Musgrove Nelson Neville Newman

Overby Owens Parker Peacock Pickett Pittard Ramsey Raulerson Ray Robertson of Coweta Rogers Rollins Rowland Russell Scott Sheffield Short Simmons Sivell Smiley Smith of Bryan M. M. Smith of Fulton Stocks Sumner Tamplin Tarbutton Tarpley Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey
Vickers Walker of Crawford Walker of Telfair White Whitworth Wiggins Wilkes

1424

JOURNAL OF THE HOUSE,

Wilkinson Willingham

Willis Wooten

Wright

Those voting in the negative were Messrs.:

Abney of Walker Alverson Bell of DeKalb Bolton Carr Duncan

Durham Guthrie Harper Harris Leach McKelvey

Nightingale Robertson of Dawson Stephens of Towns Terry Vandiver Weems

Those not voting were Messrs.: Abney of Catoosa, Adams of Brantley, Barber of Colquitt, Barrett, Bell of Richmond, Best, Black, Boggus, Brannen, Brazeal, Byrd, Callier, Campbell of Walker, Clark, Coffin, Cornelius, Covington, Deason, Durden, Edenfield, Flynt, Gowen, Griffith, Hale, Hall of Floyd, Hall of Toombs, Hilton, Hood, Hopkins, Huddleston, Johnston, Jones of Bartow, King, Kitchens, Lanier, McGee, Mangum, Mishoe, Otwell, Page, Perkins, Pickard, Register, Risner, Scoggin, Smith of Emanuel, Hoke Smith of Fulton, Stevens of Marion, Stewart, Waldrop, Warren, Wheeler, Williams of Cobb, Williams of Houston, Wood, and Mr. Speaker.
On the passage of the bill, by substitute, as amended, the ayes were 131, nays 18.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Freeman of Monroe asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Amendments to the Constitution No. 1, read the second time and recommitted to the Committee on Amendments to the Constitution No. 1:

HR 172-708p. By Mr. Perkins of Carroll:
A resolution proposing an amendment to the Constitution of Georgia so as to provide for the division of Carroll County into more than one school district, and for other purposes.
The unanimous consent request was granted and the resolution was withdrawn from the Committee on Amendments to the Constitution No. 1, read the second time and recommitted to the Committee on Amendments to the Constitution No. 1.

Mr. Terry of Murray asked unanimous consent that the following bill of the House be withdrawn from the Committee on Corporations, read the second time and recommitted to the Committee on Appropriations:

HB 954. By Mr. Terry of Murray:
A bill to be entitled an Act to amend an Act so as to provide an appropriation of $75,000 for the development of Fort Mountain State Park, and for other purposes.
The unanimous ronsent request was granted and the bill was withdrawn !rom the Committee on Corporations, read the second time and recommitted

THURSDAY, JANUARY 31, 1952

1425

to the Committee on Appropriations.

By unanimous consent, the following bill of the House was withdrawn from the Committee on Municipal GovErnment, read the second time and recommitted to the Committee on Municipal Government:

HB 823. By Mr. Duncan of Carroll:
A bill to be entitled an Act to extend the corporate iimits of the City of Carrollton, and for other purposes.

Under the regular order of business, the following bills of the House and Senate were taken up for consideration and read the third time:
HB 664. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to repeal an Act and enact in lieu thereof an Act to be known as the Uniform Partnership Act, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 380. By Mr. Overby of Hall:
A bill to be entitled an Act to repeal Chapter 106'-1 of the 1933 Code of Georgia relating to trademarks and to enact new regulations pertaining thereto, and for other purposes.
The following substitute to HB 380 was read and adopted:
By Mr. Overby of Hall:
A bill to be entitled an Act to repeal Chapter 106-1 of the Code of Georgia of 1933, as amended, which chapter relates to trade-marks, labels, and advertising, and counterfeiting or imitating thereof, filing the same with Secretary of State for record, the certificate of record, fees, proof of adoption of trade-mark, remedies against using counterfeits or imitations, and suits by unincorporated associations or unions; to repeal Section 106-9901 of the Code of Georgia of 1933, which section relates to counterfeiting or imitating label or trade-mark; to repeal Section 106-9902 of the Code of Georgia of 1933, which section relates to using counterfeit or imitation trade-mark, etc.; to repeal Section 106-9903 of the Code of Georgia of 1933, which section relates to using genuine label, etc., in unlawful manner; to repeal Section 106-9907 of the Code of Georgia of 1933, which section relates to counterfeiting brands or marks, etc.; to provide for the registration and protection of trade-marks; to define certain terms; to provide for the application for registration of trade-marks; to provide for the certification of registration of trade-marks; to provide for the duration and renewal of such registration; to provide for the assignment of any trade-mark and its registration; to provide that the Secretary of State shall keep a public record of all trade-marks; to provide for

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cancellation of trade-marks; to provide for classification of goods for the convenience of administration of this Act; to provide for the penalty for fraudulent registration; to provide for damages for the infringement of a trade-mark; to provide for the effective date of the Act; to repeal all conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF SAME:
Section 1.
That Chapter 106-1 of the Code of Georgia of 1933, as amended, which chapter relates to trade-marks, labels, and advertising, the counterfeiting or imitating thereof, filing the same with Secretary of State for record, the certificate of record, fees, proof of adoption of trade-mark, remedies against using counterfeits or imitations, and suits by unincorporated asasociations or unions, is hereby repealed in its entirety.
Section 2.
That Section 106-9901 of the Code of Georgia of 1933, which section relates to counterfeiting or imitating label or trade-mark, is hereby repealed in its entirety.
Section 3.
That Section 106-9902 of the Code of Georgia of 1933, which Section relates to using counterfeit or imitation trade-mark, etc., is hereby repealed in its entirety.
Section 4
That Section 106-9903 of the Code of Georgia of 1933, which section relates to using genuine label, etc., in unlawful manner, is hereby repealed in its entirety.
Section 5.
That Section 106-9907 of the Code of Georgia of 1933, which Section relates to counterfeiting brands or marks, etc., is hereby repealed in its entirety.
Section 6.
That the following words and phrases when used in this Act shall, for the purpose of this Act, have the meanings respectively ascribed to them in this section:
(a) The term "trade-mark" as used herein includes any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others.
(b) The term "person" as used herein includes any individual, firm, partnership, corporation, association, union or other organization.
(c) The term "applicant" as used herein includes the person filing an application for registration of a trade-mark under this Act, his legal representatives, successors or assigns of the person filing an application for registration of a trade-mark under this Act.

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(d) The term "registrant" as used herein includes the person to whom the registration of a trade-mark under this Act is issued, his legal representatives, successors or assigns of the person to whom the registration of a trade-mark under this Act is issued.
(e) For the purposes of this Act, a trade-mark shall be deemed to be "used" in this state when it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this State.
Section 7.
That a trade-mark shall be entitled to registration unless it;
(a) consists of or comprises immoral, deceptive or scandalous matter; or
(b) consists of or comprises matter which may disparage or falsely suggest a connection Vl'ith persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or
(c) consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or
(d) consists of or comprises the name, signature or portrait of any living individual, except with his written consent; or
(e) consists of a mark which, (1) when applied to the goods of the applicant, is merely descriptive or deceptively misdescriptive of them, or (2) when applied to the goods of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, or (3) is primarily merely a surname; or
(f) consists of or comprises a trade-mark which so resembles a trade-mark registered in this State or a trade-mark or trade name previously used in this State by another and not abandoned, as to be likely, when applied to the goods of the applicant, to cause confusion or mistake or to deceive; or
(g) consists of or comprises a trade-mark which so resembles a trade-mark registered in the United States Patent Office by another and not abandoned, as to be likely, when applied to the goods of the applicant, to cause confusion or mistake or to deceive, provided, however, that should applicant prove that he is the owner of a concurrent registration in the United States Patent Office of his trade-mark covering an area including this State, applicant may register his trade-mark hereunder.
Section 8.
Subject to the limitations set forth in this Act, any person who adopts and uses a trade-mark in this State, may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of such trade-mark setting forth, but not limited to;
(a) The name and business address of the person applying for such registration; and, if a corporation, the state of incorporation,

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(b) a description of the goods in connection with which the mark is used and the mode or m2nner in which the mark is used in connection with such goods and the class in which such goods fall,
(c) the date when the trade-mark was first used anywhere, as well as the date when it was first used in this State by the applicant cr his predecessor in business, and
(d) a statement that no other person has a registration of the same or a similar trade-mark in the United States Patent Office for the same or ~imilar goods or a statement that applicant is the owner of a concurrent registration in the United States Patent Office of his trade-mark covering an area including this State.
The application shall be signed and verified by the applicant, shall be accompanied by a specimen or facsimile of such trade-mark in triplicate and a filing fee of Five dollars ($5.00), payable to the Secretary of State.
Section 9.
Upon compliance by the applicant with the requirements of this Act, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the seal of the State, and it shall show the name and business address and, if a corporation, the State of incorporation, of the person claiming ownership of the trade-mark, the date claimed for the first use of the trade-mark anywhere and the date claimed for the first use of the trade-mark in this State, the class of goods and a description of the goods on which the trade-mark is used, a reproduction of the trademark, the registration date and the term of the registration.
Any certificate of registration issued by the Secretary of State under the provisions hereof or a copy thereof duly certified by the Secretary of State shall be admissible in evidence as competent and suff:cient proof of the registration of such trade-mark in any action or judicial proceedings in any court of this State.
Section 10.
Registration of a trade-mark hereunder shall be effective for a term of ten years from the date of registration and, upon application filed within six months prior to the expiration of such term, on a form to be furnished by the Secretary of State, the registration may be renewed for a like term. A renewal fee of Five dollars ($5.00) payable to the Secretary of State, shall accompany the application for renewal of the registration.
A trade-mark registration may be renewed for successive periods of ten years in like manner.
The Secretary of State shall notify registrants of trade-marks hereunder of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration by writing to the last known address of the registrants.
Any registration in force on the date on which this Act shall become effective shall expire ten years from the date of the registration or of the last renewal thereof or one year after the effective date

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of this Act, whichever is later, and may be renewed by filing an application with the Secretary of State on a form furnished by him and paying the aforementioned renewal fee therefor within six months prior to the expiration of the registration.
The Secretary of State shall within six months after the effective date of this Act notify all registrants of trade-marks under previous acts of the date of expiration of such registrations unless renewed in accordance with the provisions of this Act by writing to the last known address of the registrants.
Section 11.
Any trade-mark and its registration hereunder shall be assignable with the good will of the business in which the trade-mark is used, or with that part of the good will of the business connected with the use of and symbolized by the trade-mark. Assignment shall be by instruments in writing duly executed and may be recorded with the Secretary of State upon the payment of a fee of Five dollars ($5.00) payable to the Secretary of State who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this Act shall be ineffective as against a subsequent purchaser for value without notice unless it is recorded with the Secretary of State prior to such subsequent purchase.
Section 12.
The Secretary of State shall keep for public examination a record of all trade-marks registered or renewed under this Act.
Section 13.
The Secretary of State shall cancel from the register:
(1) after one year from the effective date of this Act, all registrations under prior acts which are more than ten years old and not renewed in accordance with this Act;
(2) any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(3) all registrations granted under this Act and not renewed in accordance with the provisions herecf;
(4) any registration concerning which a court of competent jurisdiction shall find
(a) that the registered trade-mark has been abandoned,
(b) that the registrant is not the owner of the trade-mark,
(c) that the registration was granted improperly,
(d) that the registration was obtained fraudulently,
(e) that the registered trade-mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a trade-mark registered by another person in the United States Patent Office, prior to the date of the filing of the application for registration

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by the registrant hereunder, and nut abandoned; provided, however, that should the registrant prove he is the owner of a concurrent registration of his trade-mark in the United States Patent Office covering an area including this State, the registration hereunder shall not be cancelled.
(f) when a Court of competent jurisdiction shall order cancellation of a registration on any ground.
Section 14.
The following general classes of goods are established for convenience of administration of this Act, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a trade-mark may include any or all goods upon which the trademark is actually being used comprised in a single class, but in no event shall a single application include goods upon which the trademark is being used which fall within different classes of goods. The said classes are as follows:
1. Raw or partly prepared materials
2. Receptacles
3. Baggage, animal equipments, portfolios, and pocketbookr 4. Abrasives and polishing materials
5. Adhesives 6. Chemicals and chemical compositions
7. Cordage 8. Smokers' articles, not including tobacco products 9. Explosives, firearms, equipments, and projectiles 10. Fertilizers 11. Inks and inking materials
12. Construction materials
13. Hardware and plumbing and steam-fitting supplies 14. Metals and metal castings and forgings
15. Oils and greases
16. Paints and painters' materials
17. Tobacco products
18. Medicines and pharmaceutical preparations
19. Vehicles 20. Linoleum and oiled cloth 21. Electrical apparatus, machines, and supplies
22. Games, toys, and sporting goods
23. Cutlery, machinery, and tools, and parts thereof

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24. Laundry appliances and machines 25. Locks and safes 26'. Measuring and scientific appliances 27. Horological instruments 28. Jewelry and precious-metal ware 29. Brooms, brushes, and dusters 30. Crockery, earthenware, and procelain 31. Filters and refrigerators 32. Furniture and upholstery 33. Glassware 34. Heating, lighting, and ventilating apparatus 35. Belting, hose, machinery packing, and non-metallic tires 36. Musical instruments and supplies 37. Paper and stationery 38. Prints and publications 39. Clothing 40. Fancy goods, furnishings, and notions 41. Ganes, parasols, and umbrellas 42. Knitted, netted and textile fabrics, and substitutes therefor 43. Thread and yarn 44. Dental, medical, and surgical appliances 45. Soft drinks and carbonated waters 46. Foods and ingredients of foods 47. Wines 48. Malt beverages and liquors 49. Distilled alcoholic liquors 50. Merchandise not otherwise classified 51. Cosmetics and toilet preparations 52. Detergents and soaps.
Section 15.
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any trade-mark in the office of the Secretary of State under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing

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or registration, to be recovered by or en behalf of the party injured thereby in any court of competent jurisdiction.
Section 16.
Subject to the provisions of Section 18 hereof any person who shall
(a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trade-mark registered under this Act in connection with the sale, offering for sale, or advertising of any goods on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods; or
(b) reproduce, counterfeit, copy or colorably imitate any such trade-mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptables, or advertisements intended to be used upon or in connection with the sale or other distribution in this State of such goods; shall be liable to a civil action by the owner of such registered trade-mark for any or all of the remedies provided in Section 17 hereof, except that under subsection (b) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such trade-mark is intended to be used to cause confusion or mistake cr to deceive.
Section 17.
Any owner of a trade-mark registered under this Act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from such wrongful manufacture, use, display, or sale, and all damages suffered by reason of such wrongful manufacture, use, display, or sale, or both profits and damages. The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this State.
Section 18.
Nothing herein shall adversely affect the rights or the enforcement of rights in trade-marks acquired in good faith at any time at common law.
Section 19.
If any provisiOn hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this Act shall not be affected thereby.
Section 20.
This Act shall be in force and take effect on approval of Governo1 after its enactment but shall not affect any suit, proceeding or appeal then pending.
Section 21.
That all laws and parts of laws in conflict with the provisions of

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this Act be and the same are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 103, nays 1.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 714. By Messrs. Owens of Tift, Wiggins of Stephens, and others:
A bill to be entitled an Act to prohibit a felonious killer from being the recipient of any benefits from any insurance contract on the life of the killed, and for other purposes.

The following substitute to HB 714 was read and adopted:

By Messrs. Owens of Tift, Wiggins of Stephens, and Scott of Thomas:

A BILL
To be entitled an Act to prohibit any person who shall with malice aforethought, kill another for the purpose of inheriting the property of the deceased or who shall conspire or procure the same to be done, from inheriting or in any way taking the property of the deceased and from being the recipient of any benefits from any insurance contract on the life of the deceased; to repeal any conflicting laws; 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 AS FOLLOWS:
Section 1. The right of inheritance is hereby denied any person who shall, with malice aforethought, kill any other person for the purpose of inheriting the property of the person so killed, or who shall conspire with another to kill or who shall procure another to kill any such person for purposes aforesaid. This denial to inherit shall include any property which the person so killing would otherwise have inherited, whether real, personal or mixed, or any part thereof, belonging to such deceased person at the time of death, or any property which the person so killing would take by deed, will, or otherwise, at the death of the deceased; and all right, interest, and estate in and to said property shall go to such other heirs as may be entitled thereto by the Jaws of descent and distribution, or by will, deed, or other conveyance duly executed by the deceased in his or her lifetime. For the purpose of determining the descent and distribution through wch person so killing, he shall be treated as though he had predeceased the person so killed.
Section 2. That the right to receive or take any benefits from any insurance contract or policy issued on the life of a person is hereby denied to any person who shall hereafter with malice aforethought kill any person for the purpose of receiving any benefits under any insurance contract or policy issued on the life of the deceased; or conspire with another to kill or procure another to kill such an insured person, even though such person so killing or procuring

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or conspiring, be named beneficiary in such an insurance contract or policy; and all right, interest and estate in such an insurance contract or policy, and all the proceeds shall go to such heirs of the deceased as may be entitled thereto by the laws of descent and distribution of this State, unless secondary beneficiaries be named in said policy, in which event such secondary beneficiaries shall take.
Section 3. That no provision of this Act shall apply to any such killing as may be done by accident or in self-defense.
Section 4. That all laws, and parts of laws in conflict herewith, be, and the same are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 657. By Mr. Green of Rabun:
A bill to be entitled an Act to amend an Act so as to authorize the expenditure of appropriated funds for the development of Black Rock Mountain State Park each year, and for other purposes.
The House was resolved into a Committee of the Whole House to consider HB 657, and the Speaker designated Mr. Lewis of Hancock as Chairman thereof:
The Committee of the Whole House arose and through its Chairman reported HB 657 back to the House with the recommendation that the same do pass.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Walker Adams of Evans Adams of Upson Alverson Ball Barber of Colquitt Barber of Jackson
Bargeron Battles Baughman Bell of DeKalb Bentley Best Biggers Birdsong Black Boggus Bolton Boone Britton

Brooks Burgamy Campbell of Oconee Campbell of Walker Clary Claxton Clay Coffin Coogle Cornelius Cranford Dally De en Denton Dews Dorsey Durham Edenfield Fears Flynt

Freeman Gardner Garrard Gowen Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Hadden Hall of Toombs Harper Harris Hawkins Henderson Herrin Hollis Ivey Jackson

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Johnson of Hall Jones of Lumpkin Kelley Kemp Key Knight Lam Langdale Lanier Leach Lewis of Greene Lewis of Hancock Little Lovett McCracken McKelvey McWhorter Mackay Mangum Matthews Mishoe Mull

Murphy Murr Musgrove Nelson Newman Overby Owens Pickett Pittard Ramsey Raulerson Ray Rogers Rollins Russell Sheffield Simmons Sivell M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stewart

Tamplin Tillman Tippens Todd Trapnell Tumlin Turk Twitty Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Whitworth Wiggins Wilkes Wilkinson Williams of Cobb Willingham Wooten

Those not voting were Messrs.: Abney of Catoosa, Adams of Brantley, Aycock, Barrett, Beasley, Bell of Richmond, Brannen, Brantley, Brazeal, Burkett, Byrd, Callier, Carr, Cates, Clark, Covington, Deason, Dicus, Duncan, Durden, Gary, Gillis, Graham, Green of Cherokee, Guthrie, Hale, Hall of Floyd, Harrell, Hilton, Holley, Hood, Hopkins, Huddleston, Jessup, Johnston, Jolly, Jones of Bartow, Jordan, Kennedy, Kidd, King, Kitchens, Lavender, McGarity, McGee, Mims, Neville, Nightingale, Otwell, Page, Parker, Peacock, Perkins, Pickard, Register, Risner, Robertson of Coweta, Robertson of Dawson, Rowland, Scott, Scoggin, Short, Smiley, Smith of Bryan, Smith of Emanuel, Stevens of Marion, Stocks, Sumner, Tarbutton, Tarpley, Terry, Ursrey, Wheeler, White, Williams of Houston, Willis, Wood, Wright, and Mr. Speaker.
On the passage of the biii, the ayes were 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 863. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:
A biii to be entitled an Act to provide for the levying of an income tax on net income, and for other purposes.

The following Committee substitute to HB 863 was read and adopted:
A BILL
To be entitled an Act to provide for the levying, assessing, and collecting of an income tax on net income; to amend certain sections of Title 92 of the Code of Georgia of 1933, as amended, relating to the collection of an income tax on net income; to amend Code Section 92-3106 relating to the personal exemptions and credits of resident individuals by providing that there shall be an exemption of $500.00 for each individual who is dependent of the taxpayer and defining who may be included in dependents; to amend Code Section 92-3109

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relating to deductions which may be made by the taxpayer from gross income by adding a new subsection providing for a deduction for medical care and expenses; to further amend Code Section 92-3109 relating to deductions which may be made by the taxpayer from gross income so as to determine his net income subject to income tax by adding a new subsection providing for a standard deduction that may be taken in lieu of certain of the deductions provided for in other subsections of Code Section 92-3109; to amend Code Section 92-3119 by adding new subsections to be designated as subsection (d) relating to limitations on Capital Gains and Losses, subsection (e) relating to gains on involuntary conversions of property, subsection (f) relating to gains and losses on sales of residences and subsection (g) relating to sales or exchanges of property other than capital assets; to amend Code Section 92-3303 by striking subsections (a) and (b) and substituting in lieu thereof new subsections (a) and (b), relating to the time within which assessments may be made, and also by adding a new subsection, to be designated as subsection (f) relating to supplemental reports and assessments resulting from changes in reported income made by the Commissioner of Internal Revenue of the United States; to amend subsection (b) of Code Section 92-3301 by providing that if any installment is not paid on or before the date fixed for its payment, the whole amount of the tax unpaid shall become immediately due and payable without notice and demand from the Commissioner and shall bear interest at the rate of six per centum per annum until paid; to amend subsection (c) of Code Section 92-3301 by adding a provision regarding the filing of tentative returns and payment of tax; to amend Code Section 92-3305 by striking the words "one per centum a month" and inserting in lieu thereof "six per centum per annum"; to amend subsection (g) of Code Section 92-3109 so as to change the basis for determining the maximum deduction allowable for contributions or gifts; to amend Code Section 92-3109 so as to make certain changes in the basis of determining the amount of Federal net income taxes that may be deducted in determining taxable net income; to repeal conflicting laws; and for other related purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
Section 1.
That Subsection (d) of Code Section 92-3106 be and the same is hereby repealed and in lieu thereof there is substituted the following:
(d) Five hundred dollars for each individual (other than husband and wife) who is a dependent of the taxpayer as defined in paragraph (d) (1) below, and whose gross income for the calendar year in which the taxable year of the taxpayer begins is less than $600.
(d) (1). Definition of dependent. As used in this paragraph the term "dependent" means any of the following persons over half of whose support, for the calendar year in which the taxable year of the taxpayer begins, was received from the taxpayer:
(A) a son or daughter of the taxpayer, or descendant of either,
(B) a stepson or stepdaughter of the taxpayer,
(C) a brother, sister, stepbrother or stepsister of the taxpayer,

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(D) the father or mother of the taxpayer, or an ancestor of either,
(E) a stepfather or stepmother of the taxpayer,
(F) a son or daughter of a brother or sister of the taxpayer,
(G) a brother or sister of the father or mother of the taxpayer,
(H) a son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law of the taxpayer.
Section 2.
That Code Section 92-3109 is hereby amended by adding a new subsection, to be designated as subsection (k), said subsection reading as follows:
(k) In addition to all other deductions permitted by law, there shall be allowed each individual income taxpayer a deduction, in computing net income for State income tax purposes, of expenses paid during the taxable year, not compensated for by insurance or otherwise, for medical, including dental, care of the taxpayer, hi::: spouse, or a dependent specified in subsection 92-3106 (d).
(1) If neither the taxpayer nor his spouse has attained the age of 6'5 before the close of the taxable year, to the extent that such expenses exceed 5 per centum of the gross income less business expenses; or
(2) If either the taxpayer or his spouse has attained the age of 65 before the close of the taxable year, (A) the amount of such expenses for the care of the taxpayer and his spouse, and (B) the amount by which such expenses for the care of dependents claimed under Subsection 92-3106 (d) exceed five per cent (5%) of the gross income of the taxpayer, less business expenses.
In the case of a single person, or a married person not living with husband or wife, or a husband or wife living with his or her spouse but not making a joint return of income, the maximum deduction under this subsection shall be one thousand two hundred fifty dollars ($1,250). In the case of a husband and wife living together and making a joint return, the maximum deduction shall be $2,500. In either of the above cases there shall be an additional deduction of the expenses paid for medical care of each dependent as defined in subsection 92-3106 (d), in an amount not to exceed $1,250.00 for each such dependent.
The term "medical care" as used in this subsection, shall include amounts paid for the care, diagnosis, cure, mitigation or prevention of disease, or for the purpose of affecting any structure or function of the body, and shall include amounts paid for accident or health insurance.
Section 3.
That Code Section 92-3109 is hereby amended by adding a new subsection, to be designated as subsection (1), said subsection reading as follows:
(1) An individual taxpayer shall be allowed ii:~ lieu of the deductions now authorized to be made from gross income for all purposes other than ordinary and necessary expenses paid or incurred during

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the taxable year in carrying on any trade or business an optional standard deduction as follows:
( 1) Allowance.-In the case of an individual at his election a standard deduction as follows:
(A) Income less than $10,000.-If his gross income less business expenses is less than $10,000, the standard deduction shall be an amount equal to 10 per centum of the gross income, less business expenses, except that in the case of a separate return by a married individual the maximum standard deduction shall be $500.
(B) Income of $10,000 or more.-If his gross income, less business expenses, is $10,000 or more, the standard deduction shall be $1,000, except that in the case of a separate return by a married individual, the standard deduction shall be $500. (2) Method and effect of election.-
(A) The standard deduction shall be allowed only if the taxpayer elects in the return to use the standard deduction, and the State Revenue Commissioner shall by regulations prescribe the manner of signifying such election in the return.
(B) If the taxpayer does not signify, in the manner provided by subparagraph (A), his election to take the standard deduction, it shall not be allowed. If he does so signify, such election shall be irrevocable.
(3) Husband and \Vife.-In the case of separate returns by a husband and wife, the standard deduction shall not be allowed to either if the net income of one of the spouses is determined without regard to the standard deduction.
( 4) Short period.-In the case of a taxable year of less than twelve months on account of a change in the accounting period, the standard deduction shall not be allowed.
Section 4.
That Section 92-3119 of the Code of Georgia of 1933, as amended, which section relates to the basis for li!.scertaining the gain derived or the loss sustained from the sale or other disposition of property, be further amended by adding to the end of said section new subsections to be designated as subsections (d), (e), (f), and (g) and which subsections shall read as follows:
"(d). Limitations of Gains and Losses.-There shall be included in 'gross income' of a taxpayer, as defined in Code Section 92-3107, gains from the sale or exchange of 'capital assets' as hereinafter defined, and in the deductions, of a taxpayer, as defined in Code Section 92-3109 (d), to determine 'net income' as defined in Code Section 92-3108 losses from the sale or exchange of 'capital assets' only the amounts hereinafter provided.
" ( 1) Definitions.-
"(A) Capital Assets.-The term 'capital assets' means property held by the taxpayer (whether or not connected with his trade or business), but does not include-

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"1. stock in trade of the taxpayer or other property of a ldnd which would vroperly be included in the inventory of the taxpayer if on hand at the close of the taxable year, or property held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business;
"2. property, used in his trade or business, of a character which is subject to the allowance for depreciation provided in Code Section 92-3109 (f), or real property used in his trade or business;
"3. a copyright; a literary, musical, or artistic composition; or similar property; held by-
" (i ) a taxpayer whose personal efforts created such property, or
"(ii) a taxpayer in whose hands the basis of such property is determined, for the purpose of determining gain from a sale or exchange, in whole or in part by reference to the basis of such property in the hands of the person whose personal efforts created such property; or
"4. an obligation of the United States or any of its possessions, or of a State or Territory, or any political subdivision thereof, or of the District of Columbia, issued on or after March 1, 1941, on a discount basis and payable without interest at a fixed maturity date not exceeding one year from the date of issue.
"(B) Short-Term Capital Gain.-The term 'short-term capital gain' means gain from the sale or exchange of a capital asset held for not more than 6 months, if and to the extent such gain is taken into account in computing gross income;
"(C) Short-Term Capital Loss.-The term 'short-term capital loss' means loss from the ~ale or exchange of a capital asset held for not more than 6 months, if and to the extent such loss is taken into account in computing net income;
"(D) Long-Term Capital Gain.-The term 'long-term capital gain' means gain from the sale or exchange of a capital asset held for more than 6 months, if and to the extent such gain is taken into account in computing gross income;
"(E) Long-Term Capital Loss.-The term 'long-term capital loss' means loss from the sale or exchange of a capital asset held for more than 6 months, if and to the extent such loss is taken into account in computing net income;
"(F) Net Short-Term Capital Gain.-The term 'net shortterm capital gain' means the excess of short-term capital gains for the taxable year over the short-term capital losses for such year;
"(G) Net Short-Term Capital Loss.-The term 'net shortterm capital loss' means the excess of short-term capital losses for the taxable year over the short-term capital gains for such year;
"(H) Net Long-Term Capital Gain.-The term 'net longterm capital gain' means the excess of long-term capital gains

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for the taxable year over the long-1.enn capital losses for such year;
"(I) Net Long-Term Capital Loss.-The term 'net long-term capital loss' means the excEss of long-term capital losses for the taxable year over the long-term capital gains for such year.
"(J) Net Capital Gain.-
"1. Corporation.-In the case of a corporation, the term 'net capital gain' means the excess of the gains from sales or exchanges of capital assets over the losses from such sales or exchanges; and
"2. Other Taxpayers.-In the case of a taxpayer other than a corporation, the term 'net capital gain' means the excess of (i) the sum of the gains from sales or exchanges of capital assets, plus net income of the taxpayer or $1,000, whichever is smaller, over (ii) the losses from such sales or exchanges. For purposes of this clause, net income shall be computed without regar dto gains or losses from sales or exchanges of capital assets.
"(K) Net Capital Loss.-The term 'net capital loss' means the excess of the losses from sales or exchanges of capital a~sets over the sum allowed under paragraph (3) of this subsection.
"(2) Percentage Taken into Account.-In the case of a taxpayer other than a corporation, if for any taxable year the net long-term capital gain exceeds the net short-term capital loss, fifty per centum of the amount of such excess shall be a deduction from gross income. In the case of an estate or trust, the deduction shall be computed by excluding the portion, if any, of the gains for the taxable year from sales or exchanges of capital assets which is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets.
" (3) Limitation on Capital Losses.-
" (A) Corporations.-In the case of a corporation, losses from sales or exchanges of capital assets shall be allowed only to the extent of gains frcm such sales or exchanges.
"(B) Other Taxpayers.-In the case of a taxpayer, other than a corporation, losses from sales or exchanges of capital assets shall be allowed only to the extent of the gains from such sales or exchanges, plus the net income of the taxpayer or $1,000, whichever is smaller. For purposes of this subparagraph, net income shall be computed without regard to gains or losses from sales or exchanges of capital assets.
"(4) Capital Loss Carry-Over.-
" (A) Method of Computation.-If for any taxable year beginning after December 31, 1951, the taxpayer has a net capital loss, the amount thereof shall be a short-term capital loss in each of the five succeeding taxable years to the extent that such amount exceeds the total of any net capital gains of any . taxable years intervening between the taxable year in which the net capital loss arose and such succeeding taxable year. For pur-

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1441

a poses of this subparagraph net capital gain shall be computed
without regard to such net capital loss or to any net capital losses arising in any such intervening taxable years.

"(B) Rule for Application of Capital Loss Carry-Over from 1951.-The amount of the net short-term capital loss of the last taxable year beginning in 1951 (computed without regard to amounts treated as short-term capital losses from the preceding taxable year), which is not in excess of the net income for such taxable year, shall, to the extent of the net short-term capital gain for the succeeding taxable y2ar (comput2d without regard
to this subparagraph), be a short-term capital loss of such succeeding taxable year.

" (5) Retirement of Bonds, Etc.-For the purpose of this chapter, amounts received by the holder upon the retirement of bonds, debentures, notes, or certificates or other evidences of indebtedness issued by any corpcration (including those issued by a government or political subdivision thereof), with interest coupons or in registered form, shall be considered as amounts received in exchange therefor.

" (6) Gains and losses from Short Sales, Etc.-For the purposes of this chapter-

" (A) Gains or losses frcm short sales of property shall be considered as gains or losses from sales or exchanges of capital assets; and

"(B) Gains or losses attributable to the failure to exercise privileges or options to buy or sell property shall be considered as short te1m capital gains or losses.

"(7) Determination of Period for Which Held.-For the purpose of thi;; Subsection.-

" (A) In determining the period for which the taxpayer has held property received on an exchange (or on a purchase qualifying under subsections (e) and (f) of this section) there shall be inc:uded the period for wh:ch he held the property exchanged, (or sold when qualifying under subsections (e) and
(f) of this section) if under the provisions of Code Section 92-3120, the property received has, for the purpose of detennining gain or loss from a sale or exchange the same basis in whole or in part in his hands as the property exchanged (or sold, when qualifying undro:r subsections (e) and (f) of this section).

"(B) In determining the period for which the taxpayer has held property however acquired there shall be included the period for which such property was held by any other person, if under the provisions of Code Section 92-3119, such property has, for the purpose of determining gain or loss from a sale or exchange, the same basis in who:e or in part in his hands as it would have in the hands of such other person.

" (C) In determining the period for which the taxpayer has
held stock or securities received upon a distribution where no gain was recognized to the distributee under the provision of Code Section 92-3120, there shall be included the period for which he held the stock or securities in the distributing corporation prior to the receipt of the stock or securities upon such

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distribution.
"(D) In determining the period for which the taxpayer has held stock or securities the acquisition of which (or the contract or option to acquire which) resulted in the non-deductibility under Code Section 92-3109 (d) relating to wash sales of the loss from the sale or other disposition of substantially identical stock or securities there shall be included the period for which he held the stock or securities the loss from the sale or other disposition of which was not deductible.
"(E) In determining the period for which the taxpayer has held stock or rights to acquire stock received upon a non-taxable stock dividend or split-up of the stock, there shall be included the period for which he held the stock in the distributing corporation prior to the receipt of such stock or rights upon such distribution.
"(F) In determining the period for which the taxpayer has held stock or securities acquired from a corporation by the exercise of rights to acquire such stock or securities, there shall be included only the period beginning with the date upon which the right to acquire was exercised."
" (e) Involuntary Conversion.-If property (as a result of its destruction in whole or in part, theft, seizure, or requisition or condemnation or threat or imminence thereof) is compulsorily or involuntarily converted-
" (1) Conversion into Similar Property.-Into property similar or related in service or use to the property so converted, no gain shall be recognized.
"(2) Conversion into Money.-lnto money or into property not similar or related in service or use to the converted property, the gain, if any, shall be recognized except to the extent hereinafter provided.
"(A) Nonrecognition of Gain.-lf the taxpayer during the period specified in subparagraph (B), for the purpose of replacing the property so converted, purchased other property similar or related in service or use to the property so converted, or purchases stock in the acquisition of control of a corporation owning such other property, at the election of the taxpayer the gain shall be recognized only to the extent that the amount realized upon such conversion (regardless of whether such amount is received in one or more taxable years) exceeds the cost of such other property or such stock. Such election shall be made at such time and in such manner as the Commissioner may by regulations prescribe. For the purpose of this paragraph, no property or stock acquired before the disposition of the converted property shall be considered to have been acquired for the purpose of replacing such converted property unless held by the taxpayer on the date of such disposition.
"(B) Period Within Which Property Must be Replaced.This period referred to in subparagraph (A) shall be the period beginning with the date of the disposition of the converted property, or the earliest date of the threat or imminence of requisition or condemnation of the converted property, whichever is the earlier, and ending-

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"1. One year after the close of the first taxable year in which any part of the gain upon the conversion is realized, or
"2. subject to such terms and conditions as may be specified by the Commissioner, at the close of such later date as the Commissioner may designate upon application by the taxpayer. Such application shall be made at such time and in such manner as the Commissioner may by regulations prescribe.
"(C) Time for Assessment of Deficiency Attributable to Gain Upon Conve1sion.-If a taxpayer has made the election provided in subparagraph (A), then (1) the statutory period for the assessment of any deficiency, for any taxable year in which any part of the gain upon such conversion is realized, attributable to such gain shall not expirEl prior to the expiration of three years from the date the Commissioner is notified for the taxpayer (in such manner as the Commissioner may by regulations prescribe) of the replacement of the converted property or of an intention not to replace, and (2) such deficiency may be assessed prior to the expiration of such three-year period notwithstanding the provisions of Section 92-3303 or the provisions of any other law or rule of law which would otherwise prevent such assessment.
"(D) Time for Assessment of Other Deficiencies Attributable to Election.-If the election provided in subparagraph (A) is made by the taxpayer and such other property or such stock was purchased prior to the beginning of the last taxable year in which any part of the gain upon such conversion is realized, any deficiency, to the extent resulting from such election, for any taxable year ending before such last taxable year may be assessed (notwithstanding the provisions of Section 92-3303 or the provisions of any other law or rule of law which would otherwise prevent such assessment) at any time before the expiration of the period within which a deficiency for such last taxable year may be assessed.
"This subsection shall not apply in the case cf property used by the taxpayer as his principal residence, as to which see subsection (f) below.
"(3) Basis of New Property.-Where the purchase of new property under this subsection results in the nonrecognition of gain upon the conversion of old property, the basis of computing gain or loss on the subsequent sale or exchange shall be the same as the converted property, with adjustments for additions or recoveries including proper allowances for depreciation and depletion, with other adjustments to property as are now provided by law. If a partial recognition of gain results, the basis shall be that as stated above plus any recognized gain under this section. For the purpose of computing depreciation and depletion under Section 92-3109 (f), the basis for such depreciation or depletion shall be the same basis as the converted property, with adjustments as stated hereinabove."
"(f) Sale of Exchange of Residence.-
" ( 1) Loss on Sale or Exchange of Residence.-Loss from the

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sale or exchange of property used by the taxpayer as his residence is not recognized and cannot be deducted.
"(2) Nonrecognition of Gain.-If property (hereinafter in this subsection called 'old residence') used by the taxpayer as his principal residence is sold by him and, within a period beginning one year prior to the date of such sale and ending one year after such date, property (hereinafter in this subsection called 'new residence') is purchased and used by the taxpayer as his principal residence, gain (if any) from such sale shall be recognized only to the extent that the taxpayer's selling price of the old residence exceeds the taxpayer's cost of purchasing the new residence.
"(3) Rules for Application of Subsection.-For the purposes of this subsection:
"(A) An exchange by the taxpayer of his residence for other property shall be considered as a sale of such residence, and the acquisition of a residence upon the exchange of property shall be considered as a purchase of such residence.
"(B) If the taxpayer's residence (as a result of its destruction in whole or in part, theft, or seizure) is compulsorily or involuntarily converted into property or into money, such destruction, theft, or seizure shall be considered as a sale of the residence; and if the residence is so converted into property which is used by the taxpayer as his residence, such conversion shall be considered as a purchase of such property by the taxpayer.
"(C) In the case of an exchange or conversion described in subparagraph (A) or (B), in determining the extent to which the selling price of the old residence exceeds the taxpayer's cost of purchasing the new residence, the amount realized by the taxpayer upon such exchange or conversion shall be considered the selling price of the old residence.
" (D) A residence, any part of which was constructed or reconstructed by the taxpayer, shall be considered as purchased by the taxpayer. In detennining the taxpayer's cost of purchasing a residence, there shall be included only so much of his cost as is attributable to the acquisition, construction, reconstruction, and improvements made which are properly chargeable to capital account, during the period specified in paragraph (2).
"(E) If a residence is purchased by the taxpayer prior to the date of his sale of the old residence, the purchased residence shall not be treated as his new residence if sold or otherwise disposed of by him prior to the date of the sale of the old residence.
"(F) If the tapayxer, during the period described in Paragraph (2), purchases more than one residence which is used by him as his principal residence at some time within one year after the date of the sale of the old residence, only the last of such residences so used by him after the date of such sale shall constitute the new residence. If within the one year referred to in the preceding sentence property used by the taxpayer as his principal residence is destroyed, stolen, seized, requisitioned, or con., demned, or is sold or exchanged under threat or imminence thereof;

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then for the purposes of the preceding sentence such one year shall be considered as ending with the date of such destruction, theft, seizure, requisition, condemnation, sale, or exchange.
" (G) In the case of a new residence the construction of which was commenced by the taxpayer prior to the expiration of one year after the date of the sale of the old residence, the period specified in paragraph (2), and the one year referred to in subparagraph (F) of this paragraph, shall be considered as including a period of 18 months beginning with the date of the sale of the old residence.
"(4) Limitation.-The provisions of paragraph (2) shall not be applicable with respect to the sale of the taxpayer's residence if within one year prior to the date of such sa1e the taxpayer sold at a gain other property used by him as his principal residence, and any part of such gain was not recognized by reason of the provisions of paragraph (2). For the purposes of this paragraph, the destruction, theft, seizure, requisition, or condemnation of property or the sale or exchange of property under threat or imminence thereof, shall not be considered as a sale of such property.
" (5) Basis of New Residence.-Where the purchase of a new residence results, under paragraph (2), in the non-recognition of gain upon the sale of an old residence, in determining the adjusted basis of the new residence as of any time following the sale of the old residence, the adjustments to basis shall include a reduction by an amount equal to the amount of the gain not so recognized upon the sale of the old residence. For this purpose, the amount of the gain not so recognized upon the sale of the residence includes only so much of such gain as is not recognized by reason of the cost, up to such time, of purchasing the new residence.
"(6) Tenant-Stockholder in a Cooperative Apartment Corporation.-For the purpose of this subsection references to property used by the taxpayer as his principal tesidence and references to the residence of a taxpayer, shall include stock held by a tenant-stockholder in a cooperative apartment if-
" (A) in the case of stock sold, the apartment which the taxpayer was entitled to occupy as such stockholder was used by him as his principal residence, and
"(B) In the case of stock purchased, the taxpayer used as his principal residence the apartment which he was entitled
to occupy as such stockholder.
"(7) Statute of Limitations.-If the taxpayer during a taxable year sells at a gain property used by him as his principal residence, then-
"(A) The statutory period for the assessment of any deficiency attributable to any part of such gain shall not expire prior to the expiration of three years from the date the Commissioner is notified by the taxpayer (in such manner as the Commissioner may by regulations prescribe) of-
"1. The taxpayer's cost of purchasing the new residence which the taxpayer claims results in nonrecognition of any part of such gain,

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"2. The taxpayer's intention not to purchase a new residence within the period specified in paragraph (2), or
"3. A failure to make mch purchase within such period; and
"(B) Such deficiency may be assessed prior to the expiration of such three year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment.
"(g) Gains or Losses on Sales or Exchange of Other Than Capital Assets.-In the case of the sale or exchange or 'other assets' used in a trade or business, the following rule shall apply:
"(1) In the case of a loss it shall be deemed an ordinary loss and deductible in full from other income.
" (2) In the case of a gain and the property used in the trade or business has been held longer than six months, only 50% of the gain shall be taken into account.
" (3) In the case of more than one sale or exchange under this subsection, all such sales or exchanges during the taxable year shall be grouped together and treated as one transaction, so that the actual net gain or loss from all such transactions during the year shall be considered in applying the provisions of this subsection regardless of whether such property were used in one or more businesses of the taxpayer.
" (4) For the purpose of this subsection the term "other assets" shall mean tangible property other than capital assets, as defined in subsection (d) above, except property held for resale or which would properly be includable in inventory. It shall include inventory only in the event of complete liquidation of a trade or business and all assets used in the course of such trade or business are sold or exchanged in order to effect such liquidation."
Section 5.
That Code Section 92-3303 relating to the period of limitation upon assessment and collection of income taxes be amended by striking subsections (a) and (b) in their entirety in inserting in lieu thereof new subsections (a) and (b) as hereinbelow provided and further amending said section by adding a new subsection to be designated as subsection (f) as stated hereinbelow. Said subsections (a), (b) and (f) when so amended shall read as follows:
"(a) Except as provided in the subsections below of this section, the amount of income tax imposed by this law shall be assessed within three years after the return was filed and no proceeding in court without assessment for the collection of such taxes shall be begun after the expiration of such period. For the purposes of this section a return filed before the last day prescribed by law for filing thereof, shall be considered as filed on such last day, or if an extension of time for filing a return is granted, and the return is filed on or before the extended date, it shall be considered filed on such extended due date.
"(b) (1) In the case of income received during the lifetime of a decedent, or by his estate during the period of administration, or by

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a corporation, the tax shall be assessed and any proceeding in court without assessment for the collection of such tax shall be begun, within 18 months after written request therefor (filed after the return is made) by the executor, administrator, or other fiduciary representing the estate of such decedent, or by the corporation, but not after the expiration of 3 years after the return was filed. This paragraph of this subsection shall not apply in the case of a corporation, unless-
"(A) Such written request notifies the Commissioner that the corporation contemplates dissolution at or before the expiration of such 18 months period; and
"(B) The dissolution is in good faith begun before the expiration of such 18 months period; and
"(C) The dissolution is completed. "(2) If the taxpayer omits from gross income an amount properly includible therein which is in excess of 25 per centum of the amount of gross income stated in the return, the tax may be assessed or a proceeding in court for the collection of such tax may be begun without assessment, at any time within six years after the retmn was filed.
" (3) If the taxpayer omits from gross income an amount properly includible therein as an amount distributed in liquidation of a corporation, the tax may be assessed or a proceeding in court for the collection of such tax may be begun without assessment, at any time within five years after the return was filed,
" (4) In the case of a false or fraudulent return with intent to evade tax, or a failure to file a return, the tax may be assessed or a proceeding in court for the collection of such tax may be begun without assessment at any time."
"(f) Where before the expiration of the time prescribed in this law for the assessment of the tax, the taxpayer and the United States Treasury Department, through and by the Commissioner of Internal Revenue or other officer of the United States, have consented in v;Titing to an extension of time in which the United States Income Tax may be assessed, the tax under this law may be assessed, or refunded, at any time prior to the expiration of the time agreed upon, with such additional time added as specified hereinbelow.
"If the amount of the net income for any year of the taxpayer under this law, and as returned to the United States Treasury Department, is changed and col'l'ected by the Commissioner of Internal Revenue or other officer of the United States of Competent authority, such taxpayer, within two years after final determination of the corrected net income, shall make return to the Commissioner of Revenue of such corrected income, and the Commissioner shall make assessment or refund based thereon within one year from the date the return required by this Section is filed and not thereafter. If the taxpayer does not make such return reflecting the corrected net income, but the Commissioner receives from the United States Government or one of its Agents a report reflecting such corrected net income, the Commissioner shall make assessment for taxes due based thereon within five years from the date the report from the United States Government or its Agent is actually received and not thereafter.

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"In the event the taxpayer fails to notify the Commissioner of such final determination of United States Income Taxes, the Commissioner shall thereupon proceed to determine, upon such evidence as he may have brought to his attention or shall otherwise acquire, the corrected income of such taxpayer for the fiscal or calendar year, or years, and if there shall be any additional tax due the same shall be assessed and collected; and if there shall have been an overpayment of taxes for the year or years the taxpayer, by his failure to notify the Commissioner as herein required, shall forfeit his rights to any refund due by reason of such change."
Be it further enacted that the provisions of said Sections 92-3303 (a) (b) and (f) as hereinabove enacted or amended, shall apply to and be in full force and effect for all years that remain open at the time of passage of this Act, under the Statue of Limitation, Code Section 92-3303, as it existed immediately prior to the passage of this act.
Section 6.
That Section 92-3301 of the 1933 Code of Georgia, as amended, is hereby further amended by striking the last sentence of Subsection (b) of said Section and inserting in lieu thereof the following sentence:
"If any installment is not paid on or before the date fixed for its payment, the whole amount of the tax unpaid shall immediately become due and payable without notice and demand from the Commissioner, and interest shall be added from said date at the rate of six per centum per annum until the amount of tax is paid."
Section 7.
That Subsection (c) of Section 92-3301 of the Code of Georgia as amended, which section relates to the payment of interest if the time for filing the return be extended, is further amended by adding at the end thereof the following:
"In the event of such extension the Commissioner may require the filing of a tentative return which shall show thereon the amount of tax which the taxpayer estimates he will owe on a completed and final return. The taxpayer may pay onethird of the total tax shown to be due on the tentative return. If the tentative is underestimated, the completed return, when filed, shall be accompanied by payment of the difference between the tax installments paid and the amount of installments that would be due as shown by the completed return. Interest shall be computed at the rate of six per cent per annum on the amount of such principal difference from the original due date until the date the completed return is filed. Nothing herein shall be construed to mean that the taxpayer forfeits his rights to continue payment on the installment basis, by reason of his failure to pay at least one-third of the tax shown to be due on the completed return. If, however, the taxpayer shall fail to pay the interest on or before the next installment date after the completed return is filed, it shall be the same as if he had failed to pay such next installment in full, in which case Subsection (d) of this section relating to failure to pay installments shall apply and the entire balance shall become immediately due and payable."

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Section 8.
That Code Section 92-3305 which section relates to additions to tax in case of non-payment, is hereby further amended by striking the words, "one per centum a month" wherever it appears and inserting in lieu thereof "six per centum per annum", so that said section when amended shall read as follows:
"(a) Where the amount determined by the taxpayer as the tax imposed by this law, or any installment thereof, or any part of such amount or installment, is not paid on or before the date prescribed for its payment, there shall be collected, as a part of the tax, interest upon such unpaid amount at the rate of six per centum per annum from the date prescribed for its payment until it is paid. (b) Where a deficiency, or any interest or additional amounts assessed in connection therewith, or any addition to the tax in case of delinquency, is not paid in full within 10 days from the date of notice and demand from the Commissioner, there shall be collected, as part of the tax, interest upon the unpaid amount at the rate of six per centum per annum from such date until it is paid."
Section 9.
That Code Section 92-3109, which section relates to deductions from gross income, is hereby further amended by striking the words "net income as computed without the benefit of this section" at the end of subsection (g) thereof and substituting in lieu thereof the words "gross income less business expenses set forth herein under subsection (a) of this section" so that said subection (g), when amended, shall read as follows:
"(g) Contributions or gifts.-Contributions or gifts made within the income year to corporations or associations, including community chest funds, foundations, and trusts created solely for charitable purposes, that are operated solely and exclusively for religious, charitable, scientific, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual, in the case of individuals to an amount not in excess of 15 per centum of the taxpayer's gross income less business expenses, and in the case of Corporations to an amount not in excess of 5 per centum of the Corporation's net taxable income computed without benefit of this subsection."
Section 10.
That Section 92-3109 of the Code of Georgia, as amended, which section relates to deductions from gross income, is hereby further amended by striking subsection (c) in its entirety and substituting in lieu thereof the following new subsection (c):
"(c) Taxes.-Effective January 1, 1938, taxes paid or accrued within the taxable year, except State income taxes, estate and inheritance taxes, gift taxes, cigar and cigarette taxes, gasoline taxes and taxes assessed for local benefits of a kind tending to increase the value of the property assessed: Provided further, that where the entire net income of the taxpayer is not taxable by the State of Georgia, then the taxpayer may only deduct such Federal

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net income taxes in the same proportion that the net income taxable by the State of Georgia bears to the entire net income taxable by the Federal Government. Provided, however, that if the taxpayer is a veteran of World War II, and by virtue of his service with the armed forces of the United States he was unable to file or did not file a State income tax return for any year while in the service, he may upon filing such return or returns at any time while in the service, or within six months after his discharge therefrom, in computing net taxable income in the State income tax returns, deduct from gross income year by year, the amount of Federal income taxes accrued and shown to be due, whether paid or not within such year, provided such Federal income taxes are actually paid within the time prescribed by the Federal law for such payment; and provided further that where any such veteran taxpayer has prior to January 26, 1950 paid State income taxes on income for the war years 1942, 1943, 1944, 1945 and 1946 without the benefit of the deduction of Federal income taxes hereby allowed year by year, he shall be credited or refunded the tax so paid if claim therefor is filed with the Department of Revenue of the State of Georgia within twelve months after January 26, 1950, or within twelve months from the date of last payment as prescribed by the Federal law, whichever is later. In the case of such credits or refunds no interest shall accrue after the date of passage of this Act."
Section 11.
Be it further enacted by the authority aforesaid that, with the exception of Section 6 of this Act which provides for its own effective date, the provisions of this Act shall apply to and be in full force and effect for all taxable years ending on and after the passage of this Act.
Section 12.
Be it further enacted by the authority aforesaid that if any part of this Act should be declared unconstitutinal, then and in that event the remaining parts, portions or sections of said Act shall remain in full force and effect.
Section 13.
Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 762. By Messrs. Hand of Mitchell, Ray of Warren, and others:
A bill to be entitled an Act to amend the Income Tax Act so as to provide for the non-recognition of certain gains on corporate liquidations, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, JANUARY 31, 1952

1451

On the passage of the bill, the ayes were 114, nays 0. The bill, having received the requisite constitutional majority, was passed.

HE 871. By Mr. Kemp of Clayton:
A bill to be entitled an Act to amend an Act so as to provide that members of the Retirement System shall be entitled to prior service credits for employment rendered prior to becoming a member, and for other purposes.
The report 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.

HE 884. By Messrs. Pickett of Pickens and Murr of Sumter:
A bill to be entitled an Act to provide that the Department of Public Safety may assess fees for providing photostats of accident reports, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HE 724. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to grant extensions of time for filing income tax returns by returning Korean war veterans, and for other purposes.
The report 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 238. By Senators Peterson of the 16th, Grayson of the 1st, and others:
A bill to be entitled an Act to provide that banking institutions shall be subject to taxation on an equal 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HE 6'50. By Mr. Greer of Lanier:
A bill to be entitled an Act to amend an Act so as to authorize members of the State Patrol to exercise authority in preventing the wearing of masks, and for other purposes.

1452

JOURNAL OF THE HOUSE,

Mr. Twitty of Mitchell moved that the House do now adjourn until 9:00 o'clock tomorrow morning.

The motion prevailed, and HB 650 was carried over to the next day under the order of unfinished business.

The Speaker announced the House adjourned until 9:00 o'clock tomorrow morning.

FRIDAY, FEBRUARY 1, 1952

1453

Representative Hall, Atlanta, Georgia, February 1, 1952.

The House met pursuant to adjournment, this day at 9:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions.
3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and referred to the committees:
HB 995. By Messrs. Leach of Rockdale and Adams of Brantley: A Bill to be entitled an Act to amend an Act relating to the definition of the practice of law, and for other purposes.
Referred to the Committee on General Judiciary #1.
HB 996. By Messrs. Key of Jasper, McCracken of Jefferson, Todd of Glascock, Twitty of Mitchell, Ray of Warren and Hall of Floyd: A Bill to be entitled an Act to amend an Act so as to make certain changes in the license or occupation tax relating to corporations; and for other purposes.
Referred to the Committee on State of Republic.
HB 997. By Messrs. Smith and Edenfield of Emanuel:

l454

JOURNAL OF THE HOUSE,

A Bill to be entitled an Act to amend an Act to abolish the office of tax-receiver and tax-collector of Emanuel County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 279-997a. By Mr. Sivell of Harris:
A Resolution to compensate Mr. and Mrs. Thomas G. Coppock, father and mother of Carolyn A. Coppock, a minor, who drowned in the swimming pool at the Franklin D. Roosevelt State Park, which is owned and operated by the State of Georgia, and for other purposes.
Referred to the Committee on Special Appropriations.

HR 280-997b. By Messrs. Nightingale and Gowen of Glynn:
A Resolution proposing an amendment to the Constitution authorizing Glynn County to levy a tax not to exceed one mill on all the taxable property in the county for the purpose of creating and setting aside a fund to be used in assisting, promoting, and encouraging the location of new industries in Glynn County, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 281-997c. By Mr. Mull of Fannin:
A Resolution proposing an amendment to the Constitution relating to County School Superintendent, so as to provide for the election of members of the County Board of Education of Fannin County, and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HR 282-997d. By Mr. Peacock of Dodge:
A Resolution proposing an amendment to the Constitution relating to county system of public schools, so as to authorize certain persons to divide Dodge County into five school districts for the election by the people of members of the County Board of Education from such school districts; and for other purposes.
Referred to the Committee on Amendments to Constitution # 1.

HB 998. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act known as the Georgia Retailers' and Consumers' Eales and Use Tax Act, so as to provide certain additional exemptions from such tax, and for other purposes.
Referred to the Committee on Ways and Means.
Mr. Key of Jasper asked unanimous consent that HB 998 be engrossed.
The unanimous consent request was granted and the bill was ordered engrossed.

HB 999. By Messrs. Barber and Short of Colquitt:

FRIDAY, FEBRUARY 1, 1952

1455

A Bill to be entitled an Act to amend an Act creating a new charter for the City of Moultrie, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1000. By Messrs. Barber of Colquitt and Barber of Jackson:
A Bill to be entitled an Act to provide that the mother of any illegitimate child shall be conclusively presumed to be an unfit and unsuitable parent or guardian; to provide that the Ordinary of each county of this State shall be the guardian of any illegitimate child domiciled within the jurisdiction of such Ordinary; and for other purposes.
Referred to the Committee on General Judiciary #2.

HB 1001. By Messrs. Bell, McWhorter and Mackay of DeKalb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee; so as to annex additional territory, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1002. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to repeal an Act entitled An Act to fix the compensation of the chairman and members of the Board of Education in all counties having a population of not less than 28,427 and not more than 28,437, to provide compensation of the chairman, and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to Constitution # 1, submitted the following report:
Mr. Speaker: Your Committee on Amendments to Constitution #1 has had under con-
sideration 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 276-990a. Do Pass. Respectfully submitted, Freeman of Monroe, Chairman.

Mr. Alverson of Fulton County, Chairman of the Committee on Counties and County Matters, submitted the following report:
Ml'. 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 Chair-

1456

JOURNAL OF THE HOUSE,

man, to report the same back to the House with the following recommendations:

HB 982. Do Pass. HB 986. Do Pass. HB 987. Do Pass. HB 991. Do Pass. HB 993. Do Pass. HB 983. Do Pass. SB 357. Do Pass. SB 287. Do Pass. SB 354. Do Pass. SB 356. Do Pass. SB 295. Do Pass.

Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Langdale of Lowndes 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HB 909.

Do Pass, as Amended. Respectfully submitted, Langdale of Lowndes, Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General Judi-
ciary # 1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #1 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:
SB 315. Do Pass. SB 243. Do Pass.

FRIDAY, FEBRUARY 1, 1952

1457

SB 174. Do Pass. SB 223. Do Pass. SB 172. Do Pass. HR 272-976b. Do Pass.

Respectfully submitted, Gowen of Glynn, Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General Judiciary #2, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #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 716. Do Pass, as Amended. Respectfully submitted, Hollis of Muscogee, Chairman.

Mr. Rowland of Johnson 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 992. Do Pass, as Amended. Respectfully submitted, Rowland of Johnson, Chairman.

Mr. M. Smith of Fulton County, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 868. Do Pass.

1458

JOURNAL OF THE HOUSE,

HB 930. Do Pass.

Respectfully submitted, M. Smith of Fulton, Chairman.

Mr. Barber of Colquitt 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:

HB 984. HB 988. HB 989. HB 990. SB 257. SB 316. SB 337. SB 350. SB 351.

Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass. Do Pass.

SB 359. Do Pass.

Respectfully submitted,

Barber of Colquitt,

Chairman.

Mr. Brazeal of Terrell County, Chairman of the Committee on Public Highway #l, submitted the following report:
Mr. Speaker:
Your Committee on Public Highway #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 892. Do Pass, as Amended. HB 935. Do Pass.
Respectfully submitted, Brazeal of Terrell, Chairman.

FRIDAY, FEBRUARY 1, 1952

1459

Mr. Smiley of Liberty 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 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 264-967a. Do Pass. HR 251-931A. Do Pass. HR 273-976c. Do Pass. HR 248-927h. Do Pass. HR 247-927g. Do Pass. HR 271-976a. Do Pass. HR 246-927f. Do Pass. HR 232-908a. Do Pass. HR 188-810a. Do Pass. HR 263-962b. Do Pass. HR 239-908h. Do Not Pass. HR 226-861g. Do Not Pass. HR 108-517c. Do Not Pass. HR 212-83Cc. Do Not Pass. HR 241-927a. Do Not Pass. HR 242-927b. Do Not Pass. HR 270-976d. Do Not Pass.
Respectfully submitted, Smiley of Liberty, Chairman.

Mr. Adams of Brantley County, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol1owing Bill of the House and has instructed me as Chahman, to report the same back to the House with the following recommendations:
HB 816. Do Pass. Respectfully submitted, Adams of Brantley, Chairman.

1460

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 House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 820. Do Pass, by Substitute. HB 837. Do Not Pass. HB 970. Do Pass. HB 971. Do Pass. HB 985. Do Pass. SB 292. Do Pass. SB 332. Do Pass. SB 333. Do Pas!!. SB 334. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Smith of Emanuel 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 following recommendations:
HB 96. Do Not Pass. Respectfully submitted, Smith of Emanuel, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof :
Mr. Speaker: The Senate has read and adopted the following Resolution of the House:
HR 275. By Messrs. Ray of Warren, Hand and Twitty of Mitchell and many others:

FRIDAY, FEBRUARY 1, 1952

1461

A resolution urging Hon. Richard B. Russell to run for Presidency of the United States, and for other purposes.

Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:
HB 29. By Messrs. Hand and Twitty of Mitchell, Gowen of Glynn, Smith of Emanuel, and others:
A bill to facilitate vehicular traffic in the State of Georgia by providing for the construction, maintenance, repair and operation of turnpike projects; creating the Georgia Turnpike Authority and defining its powers and duties; providing for financing such projects by the issuance of turnpike revenue bonds of the Authority, payable solely from the tolls, etc.

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

SR 92.

By Senator Millican of the 52nd:
A resolution proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution to provide for a system of pension and disability benefits to all officers and employees of the City of Atlanta and their dependents, and for other purposes.

SR 93.

By Senator Millican of the 52nd:
A resolution proposing an amendment to Article VIII, Section VI, Paragraph I of the Constitution by providing for the selection of the County School Superintendent of Fulton County by the Board of Education of said County, and for other purposes.

SB 361. By Senator McLaughlin of the 3rd:
A bill to place certain county officers and employees of Wayne County on a salary system instead of fee basis; to provide for mileage expense for the sheriff and chief deputy sheriff in addition to salary; and for other purposes.

SB 362. By Senator Millican of the 52nd:
A bill to change the name of the recorder's court of Atlanta to the Municipal Court of Atlanta and provide the recorders shall become judges of said court, and for other purposes.

SB 365. By Senator Williams of the 19th:
A bill to provide that in counties having a population of not less than 4500 nor more than 4525, the clerk of the superior court shall be paid a subsistence allowance of $25.00 a month in addition to fees, and for other purposes.

1462

JOURNAL OF THE HOUSE,

HB 682. By Mr. Hall of Toombs:
A bill creating the City Court of Lyons, so as to increase compensation of the Judge and Solicitor of said Court; and for other purposes.

HB 845. By Mr. Terry of Murray:
A bill to amend an Act creating the Commissioner of Roads and Revenues of Murray County, approved March 20, 1939 (Ga. Laws 1939, p. 69) so as to provide for an increase in the salary of the Commissioner of Roads and Revenue of Murray County; to provide for the date when this Act shall become effective; and for other purposes.

By unanimous consent, the following bills and resolutions of the House and Senate, favorablyreported, were read the second time:
HB 716. By Messrs. Overby of Hall, Nightingale of Glynn, and others: A bill to be entitled an Act to amend Section 9-103 of the 1933 Code of Georgia so as to provide period of bona fide residence before making application to stand bar examination, and for other purposes.
HB 816. By Messrs. Covington of Floyd, Dicus of Muscogee, and others: A bill to be entitled an Act to amend Section 53-205 of the 1933 Code of Georgia relating to the issuance of marriage licenses, and for other purposes.
HB 820. By Messrs. Claxton of Camden, Durden of Dougherty, and Hopkins of Charlton: A bill to be entitled an Act to amend an Act relating to toll road from Florida line to St. Marys, and for other purposes.
HB 892. By Mr. Boggus of Ben Hill: A bill to be entitled an Act to amend Section 69-407 of the 1933 Code of Georgia relating to street improvements by municipalities, and for other purposes.
HB 909. By Mr. Tillman of Appling: A bill to be entitled an Act to amend Section 45-401 of the 1933 Code of Georgia relating to hunting or fishing on posted lands, and for other purposes.
HB 935. By Messrs. Twitty of Mitchell and Greer of Lanier: A bill to be entitled an Act to authorize the purchase of an airplane by the State Highway Department, and for other purposes.
HB 970. By Mr. Adams of Upson:
A bill to be entitled an Act to amend an Act so as to provide for the financial responsibility of financially children to support needy parents

FRIDAY, FEBRUARY 1, 1952 applying for old age assistance, and for other purposes.

1463

HB 971. By Messrs. Smith of Emanuel, Ray of Warren, and Key of Jasper:
A bill to be entitled an Act to legalize the creation of housing authorities, and for other purposes.

HB 982. By Messrs. Scoggin, Hall, and Covington of Floyd:
A bill to be entitled an Act to authorize the passage of zoning rules and regulations by Floyd County, and for other purposes.

HB 983. By Messrs. Scoggin, Hall, and Covington of Floyd:
A bill to be entitled an Act to amend an Act establishing rules governing the payment of pensions to employees of Floyd County, and for other purposes.

HB 984. By Messrs. Cranford and Robertson of Coweta:
A bill to be entitled an Act to amend an Act so as to authorize the City of Newnan to close Black Street, and for other purposes.

HB 985. By Messrs. Durden and Gardner of Dougherty:
A bill to be entitled an Act to prvide for holding four terms a year of the Superior Court of Dougherty County, and for other purposes.

HB 986. By Messrs. Vandiver and Wood of Bibb:
A bill to be entitled an Act to amend an Act so as to change the retirement benefits of the pension plan for employees of Bibb County, and for other purposes.

HB 987. By Messrs. Vandiver, Clay, and Wood of Bibb:
A bill to be entitled an Act to amend an Act so as to include officers and employees chosen by popular vote under the pension plan for employees of Bibb County, and for other purposes.
HB 988. By Messrs. Graham, Holley, and Bell of Richmond:
A bill to be entitled an Act to amend an Act so as to provide that members of the City Council of Augusta shall be eligible to succeed themselves one time, and for other purposes.
HB 989. By Messrs. Graham, Holley, and Bell of Richmond:
A bill to be entitled an Act to amend an Act so as to provide for the use of voting machines in Augusta, and for other purposes.

HB 990. By Messrs. Graham, Holley, and Bell of Richmond:
A bill to be entitled an Act to create the Augusta-Richmond County Building Authority, and for other purposes.

1464

JOURNAL OF THE HOUSE,

HB 991. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to provide that the board of examiners of master and journeyman plumbers shall receive $15.00 per day, and for other purposes.

HB 992. By Messrs. Lovett of Laurens, Bell of Richmond, and others:
A bill to be entitled an Act to require the State Board of Workmen's Compensation to review and make recommendations on resolutions. seeking compensation for damages from the State, and for other purposes.

HB 993. By Messrs. Bell and Mackay of DeKalb: '
A bill to be entitled an Act to amend an Act so as to name an additional member to the bond commission of DeKalb County, and for other purposes.

HR 188-810a. By Messrs. Vandiver, Clay, and Wood of Bibb:
A resolution requesting compensation for damages to Jack P. Black, and for other purposes.

HR 232-908a. By Mr. Adams of Brantley:
A resolution requesting compensation for damages to Vinson Lane, and for other purposes.

HR 246-927f. By Mr. Neville of Bulloch:
A resolution requesting compensation for damages to Durance Waters, and for other purposes.

HR 247-927g. By Messrs. White and Kelley of Gwinnett:
A resolution requesting compensation for damages to Mrs. Floyde Addington, and for other purposes.

HR 248-927h. By Messrs. White and Kelley of Gwinnett: A resolution requesting compensation for damages to Jarvis Johnson, and for other purposes.
HR 251-93la. By Mr. Covington of Floyd: A resolution requesting compensation for damages to James Taylor and Lamar Shiflett, and for other purposes.

HR 263-962b. By Mr. Scott of Thomas: A resolution requesting compensation for damages to Lieutenant Ben Grace, and for other purposes.
HR 264-967a. By Mr. Owens of Tift:

FRIDAY, FEBRUARY 1, 1952

1465

A resolution requesting compensation for damages to W. B. Hitchcock, and for other purposes.

HR 271-976a. By Mr. Tamplin of Morgan:
A resolution requesting compensation for damages to Bruce F. Allen, and for other purposes.

HR 272-976b. By Messrs. Hand of Mitchell and Gowen of Glynn: A resolution providing for the designation of a commission to prepare a new revised code of the laws of Georgia, and for other purposes.
HR 273-976c. By Messrs. Burkett and Vickers of Coffee: A resolution requesting compensation for damages to Henry A. Wiggs, and for other purposes.
HR 276-990a. By Messrs. Bell, Holley, and Graham of Richmond: A resolution proposing an amendment to the Constitution of Georgia so as to authorize the City of Augusta and Richmond County to enter into contracts with each other, and for other purposes.
SB 172. By Senator Willingham of the 39th: A bill to be entitled an Act to amend Section 3-505 of the 1933 Code of Georgia relating to the abatement and survival of actions and causes of actions, and for other purposes.
SB 174. By Senator Willingham of the 39th: A bill to be entitled an Act to provide for the recovery of necessary expenses resulting from the death of a person by criminal negligence, and for other purposes.
SB 223. By Senator Rawls of the lOth: A bill to be entitled an Act to amend an Act so as to provide that an applicant for benefits under the Aid to Dependent Children Act shall give the name and address of the father of an illegitimate child, and for other purposes.
SB 243. By Senator Trotter of the 37th: A bill to be entitled an Act to provide for the creation of the office of superior court reporter emeritus, and for other purposes.
SB 257. By Senator Duncan of the 34th: A bill to be entitled an Act to amend the charter of the Town of Snellville, and for other purposes.
SB 287. By Senator McCranie of the 48th: A bill to be entitled an Act to amend an Act so as to change the com-

1466

JOURNAL OF THE HOUSE,

pensation of the Tax Commissioner of Dodge County, and for other purposes.

SB 292. By Senators Hagan of the 17th, Mashburn of the 33rd, and others:
A bill to be entitled an Act to amend an Act so as to authorize members of the commission on alcoholism to travel on official business, and for other purposes.

SB 295. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide that Fulton County may operate community centers, and for other purposes.

SB 315. By Senator Williams of the 19th:
A bill to be entitled an Act to amend Section 81-1001 of the Code relating to sufficiency of pleadings, and for other purposes.

SB 316. By Senator Mavity of the 44th:
A bill to be entitled an Act to amend an Act so as to provide for the division of the Town of Fort Oglethorpe into wards, and for other purposes.

SB 332. By Senators Millican of the 52nd, Hawes of the 30th, and others:
A bill to be entitled an Act to amend an Act so as to provide that recipients of aid under the Aid to Dependent Children Act may have $600.00 as an emergency fund, and for other purposes.

SB 333. By Senators Millican of the 52nd, Hawes of the 30th, and others:
A bill to be entitled an Act to amend an Act so as to provide that recipients of aid under the Aid to the Blind Act may have $600.00 as an emergency fund, and for other purposes.

SB 334. By Senators Millican of the 52nd, Hawes of the 30th, and others:
A bill to be entitled an Act to amend an Act so as to provide that recipients of aid under the Old Age Assistance Act may have $600.00 as an emergency fund, and for other purposes.

SB 337. By Senator Willingham of the 39th:
A bill to be entitled an Act to authorize the Board of Education of the City of Marietta to sell vacant property held by said board, and for other purposes.

SB 350. By Senator Mavity of the 44th:
A bill to be entitled an Act to amend an Act so as to authorize the City of Rossville to construct connecting sewers with those of the City of Chattanooga, Tennessee, and for other purposes.

SB 351. By Senator Davis of the 51st:

FRIDAY, FEBRUARY 1, 1952

1467

A bill to be entitled an Act to amend an Act so as to provide that the Mayor and Council of the City of Perry shall elect a recorder to preside over the police court, and for other purposes.

SB 354. By Senator Willingham of the 39th:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the Commissioner of Roads and Revenues of Cobb County, and for other purposes.

SB 356. By Senator Williams of the 19th:
A bill to be entitled an Act to require the Board of Education of Taliaferro County to receive bids on all purchases of $500.00 or more, and for other purposes.

SB 357. By Senator Williams of the 19th:
A bill to be entitled an Act to require the Board of Commissioners of Taliaferro County to receive bids on all purchases of $500.00 or more, and for other purposes.

SB 359. By Senator Oliver of the 54th:
A bill to be entitled an Act to repeal an Act requiring law enforcement officers of Tattnall County to wear uniforms, and for other purposes.

By unanimous consent, the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
HB 917. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to provide that candidates for Mayor and Council of the City of College Park shall be freeholders, and for other purposes. The report 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 918. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to provide for the detaching of a certain portion of territory from the corporate limits 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 920. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:

1468

JOURNAL OF THE HOUSE,

A bill to be entitled an Act to amend an Act so as to provide for a more equitable sewer assessment of corner property in 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 921. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to amend the civil service and pension law for 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 922. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to amend the civil service and pension law for 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 923. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to change the eligibility requirements for voting in elections in 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 924. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to provide for repaving of streets in 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 109, nays 0.

FRIDAY, FEBRUARY 1, 1952

1469

The bill, having received the requisite constitutional majority, was passed.

HB 937. By Messrs. Brantley and Adams of Upson: A bill to be entitled an Act to amend an Act relating to the fees of coroners and jurors in certain counties so as to change the population figures contained therein, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 1f0, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 962. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to authorize the use of a seal by the Mayor 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 262-962a. By Messrs. Alverson and M. Smith of Fulton:
A resolution requiring the Clerk of the Superior Court of Fulton County to mark a certain execution issued on rule absolute satisfied, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 112, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 973. By Messrs. Vandiver, Clay, and Wood of Bibb:
A bill to be entitled an Act to confirm the action of the Mayor and Council of the City of Macon in closing certain portions of Rose Street, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 974. By Messrs. Langdale and Register of Lowndes:
A bill to be entitled an Act to amend an Act so as to provide that Lowndes County shall be divided into three commissioner districts, and for other purposes.
The following amendment to HB 974 was read and adopted:

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JOURNAL OF THE HOUSE,

Messrs. Langdale and Register of Lowndes move to amend HB 974, Section 2, by striking the words and figures "March 25, 1952" and substituting in lieu thereof the words and figures "March 18, 1952".
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.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 975. By M1. Jessup of Bleckley:
A bill to be entitled an Act to amend an Act so as to change the time for holding elections in the City of Cochran, and for other purposes.
The report 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 976. By Messrs. Langdale and Register of Lowndes:
A bill to be entitled an Act to amend an Act creating the City Court 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 978. By Mr. Tarpley of Union:
A bill to be entitled an. Act to provide for supplementing the compensation of the sheriffs of certain counties, and for other purposes.

The following amendment was read and adopted:
Mr. Tarpley of Union moves to amend HB 978 by adding to Section 1 thereof, the following: Said sum shall be paid out of general county funds.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 281. By Senator Willingham of the 39th:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Marietta, and for other purposes.

The following amendment to SB 281 was read and adopted:

FRIDAY, FEBRUARY 1, 1952

1471

Messrs. Williams and Bentley of Cobb County move to amend SB 281 by adding a new section thereto to be numbered appropriately and to read as follows:
Section______. Be it further enacted by the authority aforesaid that Section 5 (pertaining to the installation of manholes, catch basins, etc., and for the assessment therefor, of Georgia Laws, 1917, pages 757-767, in regard to Marietta Street Paving Assessments, being an act of the Georgia General Assembly entitled an act to amend an act to create a new charter for the City of Marietta, as approved August 15, 1904, pages 519-533) be amended by striking the said Section 5, and the same is hereby stricken and by substituting a new Section 5 therefor, to read as follows:
Section 5. "Be it further enacted by authority aforesaid that the City of Marietta is empowered to install and construct in or upon any street, avenue, alley, or other public place, manholes, catch basins, necessary draining pipes, including storm water drainage and culverts, whenever in its discretion, the public necessity may require it, the cost of which with such engineering, surveying and grading as the City may see proper to do, in or upon any street, avenue, alley or other public place, which it is hereby empowered to do shall be included in the assessment provided for in this act with the cost for the improvement of a street intersection assessed against the abutting owners, p~ovided, however, the City Council in its discretion may pay a part or all of the expenses for the items and matters referred to in this Section should it appear to the Council, in its sole discretion, the facts and circumstances warrant or require such payment by the City of Marietta with regard to any project."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 341. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act establishing a metropolitan planning district for Fulton and DeKalb 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SR 86. By Senator Grayson of the 1st:
A resolution authorizing the issuance of a birth certificate by the State Department of Health to Robert Norton Doty, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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JOURNAL OF THE HOUSE,

On the adoption of the resolution, the ayes were 120, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 738. By Messrs. McGee, Page, and Hood of Chatham:
A bill to be entitled an Act to amend an Act so as to fix the amount of funds to be contributed by the City of Savannah to the Savannah Airport Commission annually for maintenance, and for other purposes.

The following substitute to HB 738 was read and adopted:
By Messrs. Page, McGee, and Hood of Chatham:
A Bill to be entitled an Act to amend an Act approved February 18, 1949, 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 by creating a Savannah Airport Commission to administer the improvements, maintenance and operation of municipally owned airports"; which Act created said Commission, provided for the re-appointment of members, prescribed their powers and duties, and compensation, etc.; and for other purposes; and to fix the amount of funds to be contributed by the Mayor and Aldermen of the City of Savannah to the Savannah Airport Commission annually for the maintenance, improvement and operation of municipally owned and operated airports as provided in constitutional amendment passed by the people of Georgia ratifying SR 54 as set out in Georgia Laws 1950, page 439, et. seq., to provide that title to airport property be vested in said Commission, empower said Commission to receive Federal and State and other funds, to sue and be sued, to declare said Commission a body corporate and politic, and for other purposes:
BE IT ENACTED by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly approved February 18, 1949, 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 by creating a Savannah Airport Commission to administer the improvements, maintenance, and operation of municipally owned Airports, etc." be, and the same are hereby amended as follows:-
SECTION I
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same that Section VI of said aforementioned Act approved February 18, 1949, be amended by striking therefrom Section VI of said Act.
SECTION II
Be it further enacted that Sections II, III, IV, V, VII, IX, X, XI, and XII be stricken and in lieu thereof the following sections added:
(Section Il) : "Be it further enacted by the authority of the same that the Savannah Airport Commission shall be composed of the present members thereof and that successors thereto shall be named prior to the termination of their office, for a period of five ( 5) years, said

FRIDAY, FEBRUARY 1, 1952

1473

present members being eligible to succeed themselves."
SECTION III: Be it further enacted by authority of the same, that the said Commission is authorized to enter into contracts for the rental of buildings, land, office space, equipment and any other property now owned by the Mayor and Aldermen of the City of Savannah located at or on the said Airport property, to adopt rules and regulations for the operation of said Commission and said airports, to receive all revenues from the sale or lease of any properties used in connection with said airport, rentals, fees, grants, and contributions and to make payment out of said funds for all necessary expenses, salaries, improvements, etc. ; to hire and discharge all employees necessary to fulfill the duties of said Commission and to fix the salaries and/or compensations, and to have exclusive control, custody and direction of all lands, properties and improvements fixed in them by the Acts of the General Assembly and to have general direction of the same. All employees within the classified service of the City of Savannah Civil Service Act however are excepted from the provisions of this paragraph.
SECTION IV: Be it further enacted that said Savannah Airport Commission shall have the right to elect an Airport Manager, and an attorney, and to fix their tenure, salaries and duties. In addition, said Commission shall pay to the Chairman of said Commission, who may be elected by said Board, a salary to be fixed by said Commission.
SECTION V: Be it further enacted that the members of said Commission shall meet at least once monthly and all members shall receive as fees for said monthly meetings the sum of Twenty ($20.00) Dollars each.
SECTION VI: Be it further enacted, that said Commission shall be given the right to exercise the power of eminent domain as is now given to other public bodies of said State, the procedure to be followed being similar to that now vested in municipalities, Chapter 36-101, et. seq., Georgia Annotated Code.
SECTION VII: Be it further enacted that said Commission shall not later than December 15th of each year furnish to the Mayor and Aldermen of Savannah a detailed statement of their operations for the year, and their budget for the following year showing anticipated revenues and anticipated expenditures which shall be filed with the Clerk of Council, and to return to the City Treasury all funds that would not be expended by the end of the year or which have not already been contracted for or set aside to match Federal or State funds or for the payment of debts which have been made but have not yet matured.
SECTION VIII: Be it further enacted, that the Chairman of said Commission shall from and after the passage of said Act retain and receive all receipts, collections, rentals, and moneys derived from the operation of said airports and from the Mayor and Aldermen of the City of Savannah and all other sources and to deposit said funds in a bank in said City and all checks to be issued by him and said Chairman shall keep a complete detailed account of all said financial transactions, and shall be furnished such clerical assistance as might be required. Said chairman shall post a surety bond in an amount to be fixed by said Commission conditioned on the faithful performance of

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JOURNAL OF THE HOUSE,
his duties, the fees for said bond to be paid by the Commission.
SECTION IX: Be it further enacted, that the Mayor and Aldermen shall continue to pay to the Savannah Airport Commission for the remainder of the year 1952 a sum equal to that now set aside in the budget of the Mayor and Aldermen for the year 1952, said sums to be paid to the Savannah Airport Commission either monthly or quarterly as the Mayor and Aldermen may decide. For the following years commencing with the year 1953, the Mayor and Aldermen of the City of Savannah are further directed to pay to said Savannah Airport Commission quarterly commencing January 2nd and every-three months thereafter a sum sufficient to amplify the difference between the estimated revenue against anticipated expenditures for that year as fixed in the budget of the Commission filed with City Council on December 15th of the previous year as provided in Section VII of said Act, and then in the budget for the years commencing with 1953, provide for said payments in the annual budget so that said sums contributed by the City shall together with the anticipated revenues fixed by the Commission aggregate the amount fixed by said Commission as the anticipated expenditures for the ensuing year. Any sums unexpended and unpledged and unused at the end of each year to be returned to the City Treasurer of the City of Savannah, provided however that the Mayor and Aldermen shall in no case be required to contribute and pay to said Savannah Airport Commission to amplify their anticipated revenues, more than the sum of $40,000 a year. In the event said Commission fixes more than said sum as the share to be contributed by the City, the Mayor and Aldermen shall not be obliged to pay said additional sum in excess of $40,000 unless they approve of said additional amount.
SECTION X: Be it further enacted that whenever a vacancy occurs on said body, it shall become the duty of the remaining members of said Commission at a meeting to select a person to be recommended to the Mayor and Aldermen of the City of Savannah for appointment to fill said vacancy.
SECTION XI: In the event that the Mayor and Aldermen of the City of Savannah shall refuse to name said appointee, the Commission shall recommend another name or names and continue to recommend a name or names until some nominee is approved by the Mayor and Aldermen of the City of Savannah. All nominations for members of the Savannah Airport Commission are to be submitted to the Mayor and Aldermen not later than the last meeting of City Council in December prior to the following February when appointments on the Commission expire so that said Mayor and Aldermen then in office shall have sufficient time to act upon said recommended nomination.
SECTION XII: That said Commission shall have the right to acquire, own, lease and to hold title in its own name to all lands and improvements for airport purposes, and to convey, sell and lease lands and improvements acquired by said commission, and the right, title equity and interest to all lands and improvements now used or which may hereafter be used or acquired whether within or without the corporate limits of the City of Savannah, are hereby vested in the Savannah Airport Commission and their successors. Said ownership to include the approaches, runways, easements, hereditaments and appurtenances thereto applying and belonging in said lands and in any other

FRIDAY, FEBRUARY 1, 1952

1475

lands or other improvements which may hereafter be acquired for municipally operated airports are vested in said Airport Commission, provided however that no sales or conveyances or agreements for the lease, grant or sale of any of the properties acquired for Airport purposes shall be made by the Savannah Airport Commission until said proposed sale or conveyance has been approved by the Mayor and Aldermen of the City of Savannah, and further provided that any and all agreements or contracts for the expenditure of any sums in excess of One Thousand ($1,000.00) Dollars for any single project or purchase or undertaking shall be approved by the Mayor and Aldermen.
SECTION XIII: Be it further enacted that said Savannah Airport Commission is hereby declared to be a body corporate and politic and as such is granted the right to sue and be sued in its own name and to exercise such powers which are customary, pertinent and usual with respect to public corporate bodies generally.
SECTION XIV: Said Airport Commission is given the right to apply for and receive Federal funds for any of the purposes provided for under the Federal Airport Act and to enter into any agreements with the Federal Government, particularly grant agreements, necessary under the provisions of said Act in order to become the recipient of Federal aid, under such terms and conditions as might be required by the Federal Government under grant or aid agreements, and also the right under like conditions to receive State aid or grants under such conditions as the State Government might prescribe, and shall also have the right to receive contributions from any other source, provided that the Savannah Airport Commission shall not match any funds for any purpose from any agency without the consent of the Mayor and Aldermen of the City of Savannah.
SECTION XV: The property of said Commission is hereby declared to be public property and free from the imposition of taxes of any kind.
SECTION XVI: The City of Savannah shall continue to give necessary fire and police protection to said Airport.
SECTION XVII: The Chairman of the Airport Committee of City Council shall be an Ex-Officio member of the Savannah Airport Commission.
SECTION XVIII: If any portions of said Act are declared unconstitutional by any competent court, it shall not affect the remaining portions of said Act, said provisions being severable.
SECTION XIX: Be it further enacted, that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 121, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

The following resolution of the House was read and adopted:

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HR 283. By Mr. Green of Rabun:
A RESOLUTION
Authorizing expenditure by the Game and Fish Commission of certain available funds for the maintenance and improvement of the Lake Burton Fish Hatchery; and for other purposes.
WHEREAS, the Division of Wild Life, Department of Natural Resources has a lease from the Georgia Power Company covering the Lake Burton Fish Hatchery property, and
WHEREAS, funds for developing this property have been expended, and
WHEREAS, it is now necessary for the proper operation and maintenance of the Fish Hatchery already constructed that more improvements be made, and
WHEREAS, there is available funds which can be expended for this purpose, and
WHEREAS, the maintenance of this Fish Hatchery is one of the duties and powers of the Game and Fish Commission, and
WHEREAS, it is to the best interest of this State to maintain this Fish Hatchery in the best of condition;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the Director of the Game and Fish Commission is hereby authorized and empowered, with the approval of the Budgetary Commission, to expend any funds which might be made available to said Commission for the further development and maintenance of the Lake Burton Fish Hatchery property.

Mr. M. Smith of Fulton asked unanimous consent that the following bills and resolution of the Senate be withdrawn from the Committee on Counties and County Matters, read the second time and recommitted to the Committee on Counties and County Matters:

SB 245. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act establishing a joint Atlanta-Fulton County Planning Board and Board of Zoning Appeals, and for other purposes.

SB 246. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide that certain municipalities may have public hearings before committees and continue existing zoning regulations, and for other purposes.

SB 268. By Senator Millican of the 52nd:
A bill to be entitled an Act to create a County Planning Commission and Board of Zoning Appeals in certain counties, and for other purposes.

FRIDAY, FEBRUARY 1, 1952

1477

SB 340. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act establishing a municipal court of the City of Atlanta, and for other purposes.

SR 85.

By Senator Millican of the 52nd: A resolution proposing an amendment to provide the method of selections of the Tax Commissioner of Fulton County, and for other purposes.

The unanimous consent request was granted and the bills and resolution were with drawn from the Committee on Counties and County Matters, read the second time and recommitted to the Committee on Counties and County Matters.

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 632. By Messrs. Lewis of Hancock, Jackson of Jones, and Best of Clay:
A bill to be entitled an Act to provide for the admission in evidence of a certified copy of a deed more than thirty years old, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs. :

Adams of Evans Adams of Upson Alverson Barber of Jackson Bargeron
Battles Baughman Bell of DeKalb Bentley Biggers Black Boggus Bolton Boone Brantley Britton Burgamy Burkett Byrd Campbell of Oconee Campbell of Walker Carr Cates Claxton Coffin

Coogle Cranford Dally Deason Deen Denton Dews Dorsey Durham Fears Flynt Freeman Gardner Garrard Gary Green of Cherokee Green of Rabun Greene of Crisp Greer Groover Hadden Hale Hall of Floyd Hall of Toombs Harris

Hawkins Henderson Herrin Holley Hollis Huddleston Ivey Jackson Jones of Lumpkin Kelley Kemp Key Kitchens Knight Lam Langdale Lanier Leach Lewis of Greene Lewis of Hancock Lovett McCracken McGarity McWhorter Mackay

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JOURNAL OF THE HOUSE,

Matthews Murphy
Murr Musgrove Nelson Overby Owens Parker Peacock Pickard Pittard Ramsey Ray Register Risner Robertson of Coweta

Rollins Rowland Russell Short Sivell Smiley M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stewart Stocks Sumner Tamplin Tarbutton Tarpley Tillman

Tippens Todd Trapnell Tumlin Turk Twitty Vickers Walker of Crawford Warren Weems White Wiggins Williams of Cobb Williams of Houston Willingham Wooten

Those not voting were Messrs.: Abney of Catoosa, Abney of Walker, Adams of Brantley, Aycock, Ball, Barber of Colquitt, Barrett, Beasley, Bell of Richmond, Best, Birdsong, Brannen, Brazeal, Brooks, Callier, Clark, Clary, Clay, Cornelius, Covington, Dicus, Duncan, Durden, Edenfield, Gillis, Gowen, Graham, Green of Irwin, Griffith, Guthrie, Harper, Harrell, Hilton, Hood, Hopkins, Jessup, Johnson of Hall, Johnston, Jolly, Jones of Bartow, Jordan, Kennedy, Kidd, King, Lavender, Little, McGee, McKelvey, Mangum, Mims, Mishoe, Mull, Neville, Newman, Nightingale, Otwell, Page, Perkins, Pickett, Raulerson, Robertson of Dawson, Rogers, Scott, Scoggin, Sheffield, Simmons, Smith of Bryan, Smith of Emanuel, Stevens of Marion, Terry, Ursrey, Vandiver, Waldrop, Walker of Telfair, Wheeler, Whitworth, Wilkes, Wilkinson, Willis, Wood, Wright, and Mr. Speaker.

By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 123, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 672. By Mr. Tumlin of Bartow: A bill to be entitled an Act to amend an Act so as to enlarge the authority of the director of the Division of State Parks to sublease certain property to private citizens, and for other purposes.
The report 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 972. By Mr. Hollis of Muscogee:
A bill to be entitled an Act to regulate service charges and practices relating to installment loans, and for other purposes.

Mr. Nightingale of Glynn moved that HB 972 be tabled.

FRIDAY, FEBRUARY 1, 1952

1479

Mr. Mims of Miller moved that further action on HB 972 be postponed indefinitely.
The motion to table was withdrawn.
The motion to postpone indefinitely was withdrawn.
Mr. Rogers of Heard moved that further action on HB 972 be postponed until Monday morning, and the motion prevailed.

HR 146-619a. By Mr. McWhorter of DeKalb:
A resolution to compensate certain newspapers for advertising proposed constitutional amendments, and for other purposes.

The following amendment was read and adopted:
Mr. McWhorter of DeKalb moves to amend HR 146-619a by striking in its entirety the last paragraph and substituting in lieu thereof the following: "Be it further resolved that the Budget Bureau immediately make available to the Governor from any funds heretofore appropriated a sufficient amount for the purposes set forth in this resolution.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 103, nays 1.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 630. By Mr. Gowen of Glynn and Mr. Tarbutton of Washington:
A bill to be entitled an Act to amend an Act so as to authorize the Jekyll Island State Park Authority to execute rights of way necessary in the construction of an intracoastal waterway, and for other purposes.

The following committee substitute to HB 630 was read and adopted:
A bill to be entitled an Act to amend an Act entitled "An Act to create the Jekyll Island State Park Authority," enacted February 13, 1950, (Georgia Laws 1950, page 152) as amended by an Act approved February 21, 1951, (Georgia Laws 1951, page 782) by amending Section 10 of said Act, as amended by providing that the Jekyll Island State Park Authority shall be empowered to improve no more than one-half of the highland portion of Jekyll Island; by amending Section 11 of said Act, as amended, by providing that limitations of the number of lots one lessee may hold shall not apply to any bank, building and loan association, or lending agency which may be holding lots by virtue of foreclosure; by amending Section 12 of said Act, as amended, by providing that the lots subdivided by the Authority are to be leased in groups only after publication of schedules of lease rentals and providing for the selection of sublessees by drawing and providing that said leases when executed by the Authority shall become a contract between the individual lessee, the Authority, and the State of Georgia; by amending Section 17 of said Act, as amended, by providing an interest rate of not more than six per centum for revenue certificates issued by the Authority; by amending Section 23-A of said Act, as amending, by

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provided that the Jekyll Island State Park Authority shall be empowered to execute to the United States of America spoilage easements and rights of way to the property leased to said Authority, which shall be necessary in the construction and maintenance of the Intracoastal Waterway, not to exceed such time as the State Park Authority is legally to exist; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
SECTION 1.
An Act of the General Assembly enacted February 13, 1950, (Georgia Laws 1950, page 152) entitled "Jekyll Island State Park Authority Act," be and the same is hereby amended at the place after the words, "not more than," and before the words, "of the highland portion," by striking therefrom the words, "one-third," and substituting therefor the following language: "one-half" so that said Section 10, as hereby amended, shall read as follows: "Section 10. The Authority is empowered to survey, subdivide, improve, and lease as subdivided and improved not more than one-half of the highland portion of Jekyll Island, the leased property described aforesaid."
SECTION 2.
That said Act be and the same is hereby amended in Section 11 thereof at the place after the words, "without the approval of the Authority," by striking the entire remainder of said section and substituting therefor the following language: "No person, partnership, or corporation, except the Authority, may, during the life of the Authority, hold under lease a total of more than three (3) lots in any of the property subdivisions made upon Jekyll Island by the Authority; provided this limitation shall not apply to any bank, building and loan associations, Federal or State lending agency, which may be holding lots under lease in excess of this number by virtue of foreclosure on loans made upon the security of improvements erected or existing on such lots."
so that said Section 11, as hereby amended, shall read as follows: "Section 11. The leasing of the lots subdivided shall be for not more than 99 years under stringent restrictive limitations as to use, the style and character of the structures allowable thereon, and such other limitations as the Authority may deem wise; all such restrictions shall be incorporated in the leases as covenants providing for forfeiture upon breach. No sub-lease by any tenant of the Authority shall be legal without the approval of the Authority. No person, partnership, or corporation, except the Authority, may, during the life of the Authority, hold under lease a total of more than there (3) lots in any of the property sub-divisions made upon Jekyll Island by the Authority; provided this limitation shall not apply to any bank, insurance company, building and loan association, mortgage loan company, Federal or State lending agency, which may be holding lots under lease in excess of this number by virtue of foreclosure on loans made upon the security of improvements erected or e~isting on such lots."
SECTION 3.
That said Act be and the same is hereby amended in Section 12

FRIDAY, FEBRUARY 1, 1952

1481

thereof by striking the same in its entirety and substituting therefor
the following language:
"The lots in the various subdivisions created on Jekyll Island by the Authority may be leased either singly or in groups deemed appropriate by the Authority, only after publication of a complete schedule of lease rentals applicable to the lots in the official organs of Glynn and Fulton Counties; provided that, if at any time the number of acceptable applications for lots received by the Authority shall exceed the number of lots available in any one of the property subdivisions created by the Authority, that a drawing shall be held to determine which of the acceptable applications and the sequence in which acceptable applicants may lease the available lots. All such leases granted by the Authority shall, upon execution, become a contract between the individual lessee, his approved assigns, the Authority, and the State of Georgia.''
so that Section 12, as hereby amended, shall read as follows:
"Section 12. The lots in the various subdivisions created on Jekyll Island by the Authority may be leased either singly or in groups deemed appropriate by the Authority, only after publication of a complete schedule of lease rentals applicable to the lots in the official organs of Glynn and Fulton Counties; provided that, if at any time the number of acceptable applications for lots received by the Authority shall exceed the number of lots available in any one of the property subdivisions created by the Authority, that a drawing shall be held to determine which of the acceptable applications and the sequence in which acceptable applicants may lease the available lots. All such leases granted by the Authority shall, upon execution, become a contract between the individual lessee, his approved assigns, the Authority, and the State of Georgia.''

SECTION 4.
That said Act be and the same is hereby amended in Section 17 thereof at the place after the words, "not exceeding," and before the words, "per centum," by striking therefrom the word, "four," and substituting therefor the following language: "six"
so that Section 17, as hereby amended, shall read as follows:
"Section 17. Certificates of the Authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding six per centum per annum, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide, and in case any of the members or officers of the Authority whose signatures appear on any certificate or coupons shall cease to be such members or officers before the delivery of such certificates, such signatures shall nevertheless be valid and sufficient for all purposes."

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JOURNAL OF THE HOUSE,
SECTION 5.
That said Act be and the same is hereby amended by adding the following proviso at the end of Section 23-A, as amended:
"Provided that, notwithstanding any provision of this Act, said Authority shall be authorized to execute to the United States of America spoilage easements and rights of way to the property leased to said Authority by this Act which shall be necessary in the construction and maintenance of the Intracoastal Waterway, said easements and rights of way not to exceed in length such period of time as said Authority is to exist under this Act."
so that Section 23-A, as hereby amended, shall read as follows:
"Section 23-A. The Authority shall have no right to mortgage, pledge, or encumber any portion of the leasehold estate to be conveyed to it by the State, except that part that is subdivided into lots in accordance with Section 8 of this Act.
Provided that, notwithstanding any provisiOn of this Act, said Authority shall be authorized to execute to the United States of America spoilage easements and rights of way to the property leased to said Authority by this Act which shall be necessary in the construction and maintenance of the Intracoastal Waterway, said easements and rights of way not to exceed in length such period of time as said Authority is to exist under this Act."

SECTION 6.
All 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

liB 950. By Messrs. Matthews of Clarke, Overby of Hall, and others:
A bill to be entitled an Act to authorize the confiscation of all types of conveyances illegally transporting narcotic drugs, and for other purposes.
The report 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 675. By Mr. Adams of Evans:
A bill to be entitled an Act to amend Section 92-3301 of the 1933 Code of Georgia so as to extend the time for filing income tax returns by estates and trusts, and for other purposes.

FRIDAY, FEBRUARY 1, 1952

1483

The following substitute to HB 675 was read and adopted: By Mr. Adams of Evans:

A BILL
To be entitled an Act to amend Section 92-3210 of the Code of Georgia, 1933, dealing with the time and place of filing income tax returns, so as to provide that in the case of income tax returns of an estate or trust, such returns shall be filed on or before the 15th day of April, following the close of the calendar year, or if the returns should be made on the basis of a fiscal year, then on or before the 15th day of the fourth month following the close of the fiscal year; and, also, to amend Section 92-3301 of the Code of Georgia, of 1933, dealing with the time and place of payment of income taxes, so as to provide that in the case of income taxes imposed upon an estate or trust, the tax shall be paid on or before the 15th day of April, following the close of the calendar year, or if the returns should be made on the basis of a fiscal year, then on or before the 15th day of the fourth month following the close of the fiscal year; and, also, to provide that the foregoing amendments shall be effective and applicable to the returns of fiduciaries for the calendar year 1951, and for fiscal years beginning on or after January 1, 1951, and for other purposes.
BE IT ENACTED by the General Assembly of Georgia and it is hereby enacted by the authority of the same:

SECTION 1
That Section 92-3210 of the Code of Georgia of 1933, dealing with the time and place of filling of income tax returns, is hereby amended by adding to the first sentence of said Section the following proviso, to-wit:
"Provided, however, that in the case of the return of a fiduciary of an estate or trust, the return shall be filed on or before the 15th day of April, following the close of the calendar year, or, if the return should be made on the basis of a fiscal year, then on or before the 15th day of the fourth month following the close of the fiscal year".
So that the said Section 92-3210 of the Code of Georgia of 1933, as thus amended, shall read as follows:
"Section 92-3210. TIME AND PLACE OF FILING RETURNS. -Returns shall be filed with the Commission at its office in the State capitol on or before the fifteenth day of March in each year, except that in the case of taxpayers using a fiscal year the return shall be filed within 75 days after the close of such fiscal year; provided, however, that in the case of the return of a fiduciary of an estate or trust, the return shall be filed on or before the 15th day of April, following the close of the calendar year, or, if the return should be made on the basis of a fiscal year, then on or before the 15th day of the fourth month following the close of the fiscal year. In case of sickness, or other disability, or whenever in its judgment good cause exists, the State Revenue Commission may allow further time for filing returns. In case a taxpayer is granted an extension of time to file a return, the Commission may require a tentative return to be filed on or before the due date of the return with respect to which the extension is granted.

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A tentative return should be made on the usual form, plainly marked 'Tentative', should state the estimated amount of the tax believed to be due and should be properly executed under oath."

SECTION 2.
That Section 92-3301 of the Code of Georgia of 1933, dealing with the time and place of the payment of income taxes, is hereby amended by adding to sub-paragraph (a) thereof the following provisions, to-wit:
"Except that in the case of the tax imposed upon an estate or trust, the tax shall be paid on or before the 15th day of April following the close of the calendar year, or, if the return should be made on the basis of a fiscal year, then on or before the 15th day of the fourth month following the close of the fiscal year".
So that the said Section 92-3301 of the Code of Georgia of 1933, and particularly sub-paragraph (a) thereof, as thus amended, shall read as follows:
"Section 92-3301. TIME AND PLACE OF PAYMENT OF TAX: INSTALLMENTS.-(a) The total amount of tax imposed by this law shall be paid to the State Revenue Commission on or before the fifteenth day of March following the close of the calendar year; or if the return should be made on the basis of a fiscal year, then on or before the fifteen day of the third month following the close of the fiscal year; except that in the case of the tax imposed upon an estate or trust the tax shall be paid on or before the fifteenth day of April following the close of the calendar year, or, if the return should be made on the basis of a fiscal year, then on or before the fifteenth day of the fourth month following the close of the fiscal year".

SECTION 3.
The foregoing amendments as to the time of filing returns and payment of income taxes by fiduciaries shall be applicable and effective as to all 1eturns for the calendar year 1951, and all succeeding years, and for the fiscal years beginning on or after January 1, 1951.

SECTION 4.
All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HR 249-928a. By Mr. Mangum of Columbia:
A resolution proposing the creation of Mistletoe State Park in the Clark Hill Reservoir Area, and for other purposes.

FRIDAY, FEBRUARY 1, 1952

1485

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 111, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 952. By Messrs. Walker of Telfair and Pickard of Muscogee:
A bill to be entitled an Act to amend Section 61-104 of the 1933 Code of Georgia so as to provide that unless otherwise specified tenancies shall be construed to be tenancies at will, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 915. By Mr. Adams of Evans:
A bill to be entitled an Act to amend an Act so as to further provide how fiduciaries may sell stocks or bonds, and for other purposes.

By unanimous consent, further action on HB 915 was postponed until Monday morning.

HR 231-882e. By Mr. Leach of Rockdale:
A resolution requesting compensation for damages to Claude G. Bennett, 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 97, nays 12. The resolution, having failed to receive the requisite constitutional majority, was lost.
Mr. Leach of Rockdale gave notice that at the proper time he would move that the House reconsider its action in failing to adopt HR 231-882e.

HR 176-755c. By Mr. Campbell of Oconee:
A resolution requesting compensation for damages to W. L. Linenkohl, 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.

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JOURNAL OF THE HOUSE,

HR 169-708m. By Mr. Dicus of Muscogee:
A resolution requesting compensation for damages to Jearldyne Garrett, 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 5.
The resolution, having received the requisite constitutional majority, was adopted.

HR 163-708g. By Messrs. Murr and Burgamy of Sumter:
A resolution requesting compensation for damages to J. W. Southland, and for other purposes.
The following substitute to HR l63-708g was read and adopted:
By Messrs. Murr and Burgamy of Sumter:
A RESOLUTION
WHEREAS, J. W. Southwell, while a trooper in the Georgia State Patrol, on the 9th day of August, 1951, was injured in the line of duty as a result of an accident without any fault whatsoever on his part, which accident took place some eight (8) miles south of Thomaston, Georgia, on U. S. Highway Number 19, and
WHEREAS, due to the seriousness of the injury sustained by the said J. W. Southwell, as a result of said accident, he expended great sums of money for the treatment of such injuries, and
WHEREAS, the said J. W. Southwell is without sufficient funds to bear the costs of such treatment,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the Department of Public Safety be, and it is hereby directed to pay out of the funds available to the Department of Public Safety the sum of Four Thousand ($4,000.00) Dollars to cover hospital bills, doctors bills, nurses bills, and other incidental expenses in connection with the treatment of the injuries of the said J. W. Southwell, upon his presenting the bills therefor.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, by substitute.
On the adoption of the resolution, by substitute, the ayes were 109, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 198-810k. By Messrs. Bentley and Williams of Cobb:
A resolution proposing compensation for damages to George A. Cabe, and for other purposes.

FRIDAY, FEBRUARY 1, 1952

1487

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 33-153c. By Mr. Overby of Hall: A resolution requesting compensation for damages to King Clarence Bryant, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Special Appropriations hereby amends HR 33-153c by substituting the figures $3,000.00 for the figures $5,000.00, wherever the same appear in the resolution.
The following amendment was read and adopted:
Mr. Overby of Hall moves to amend HR 33-153c by striking the last paragraph in its entirety and substituting a new paragraph to read as follows:
That the Department of Public Welfare is hereby directed to pay to King Clarence Bryant the sum of $3,000.00 from any lawful funds previously appropriated.
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 107, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 167-708k. By Mr. Wiggins of Stephens:
A resolution requesting compensation for damages to Mrs. E. H. Kelley, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 106, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Mr. Freeman of Monroe asked unanimous consent that the following resolution of the House be withdrawn from the Committee on Amendments to the
Constitution # 1, read the second time and recommitted to the Committee on Amendments to the Constitution # 1 :

HR 245-927e. By Messrs. Matthews and Pittard of Clarke, and others:
A resolution proposing an amendment so as to extend to State employees the basic protection accorded others by the Old Age and Survivors Insurance Program, and for other purposes.

1488

JOURNAL OF THE HOUSE,

The unanimous consent request was granted and the resolution was withdrawn from the Committee on Amendments to the Constitution #1, read the second time and recommitted to the Committee on Amendments to the Constitu-
tion #1.

Messrs. Burkett and Vickers of Coffee were granted leave of absence for two days.

Mr. Lewis of Hancock was granted leave of absence for three days.

Mr. Twitty of Mitchell moved that the House do now adjourn until 10:00 o'clock Monday morning and the motion prevailed.

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

MONDAY, FEBRUARY 4, 1952

1489

Representative Hall, Atlanta, Georgia. February 4, 1952.

The House met pursuant to adjournment, this day at 10:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any
order he deems advisable.
By unanimous consent, the following bills and resolutions of the House were introduced, read the first time and 1eferred to the committees:

HB 1003. By Mr. Kidd of Baldwin:
A Bill to be entitled an Act to require a drivers' training course in all the public schools of this State; and for other purposes.
Referred to the Committee on Education #2.

HB 1004. By Mr. Jones of Lumpkin: A Bill to be entitled an Act to provide safe and adequate sleeping car accommodations in all, by all, public carriers operating sleeping car equipment in and through the State of Georgia, and for other purposes.
Referred to the Committee on State of Republic.
HB 1005. By Mr. Gardner of Dougherty: A Bill to be entitled an Act to create an engineering advisory board;

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JOURNAL OF THE HOUSE,

and for other purposes.
Referred to the Committee on General Judiciary # 1.

HB 1006. By Messrs. Adams of Evans, Ray of Warren and McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act exempting certain organizations from income taxation, by striking and repealing subsection (b)
thereof relating to building and loan associations, and cooperative banks, and for other purposes.
Referred to the Committee on Ways and Means.

HB 1007. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act which provides the hours of opening and closing polling places in certain counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 284-1007a. By Mr. Owens of Tift:
A Resolution proposing the sale of surplus property of the State to the City of Tifton and County of Tift, and for other purposes.
Referred to the Committee on Public Property.

HR 285-1007b. By Messrs. Warren of Washington and Clary of McDuffie:
A Resolution proposing an amendment to the Constitution, so as to provide that the Governor of Georgia and the State Superintendent of Schools shall be ex-officio members of the State Board of Education, and for other purposes.
Referred to the Committee on Amendments to Constitution # 2.

HR 286-1007c. By Mr. Kidd of Baldwin:
A Resolution proposing that the Director of the Department of Public Welfare be instructed to install the necessary equipment and apparatus for an adequate system of fire protection and detection in the buildings where needed, particularly in The Cabaniss and the Whittle Dormitories, and for other purposes.
Referred to the Committee on Georgia State Sanitarium.

HR 287-1007d. By Mr. Kidd of Baldwin:
A Resolution proposing that Anne Myrich be paid the sum of $75.00 for medical expenses, and for other purposes.
Referred to the Committee on Special Appropriations.

Mr. Nightingale of Glynn County, Chairman of the Committee on Amendments to the Constitution #2, submitted the following report:

MONDAY, FEBRUARY 4, 1952

1491

Mr. Speaker:
Your Committee on Amendments to the Constitution # 2 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 280-997b. Do Pass.
HR 281-997c. Do Pass.
HR 282-997d. Do Pass.
Respectfully, submitted,
Nightingale of Glynn,
Chairman.

Mr. Barber of Colquitt 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:
HB 823. Do Pass. HB 999. Do Pass. HB 1001. Do Pass. SB 324. Do Pass. SB 325. Do Pass. SB 329. Do Pass. SB 331. Do Pass.
Respectfully, submitted, Barber of Colquitt, Chairman.

Mr. Kidd of Baldwin County, Chairman 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 Bills of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 817. Do Pass, by Substitute.
Respectfully, submitted,
Kidd of Baldwin,
Chairman.

1492

JOURNAL OF THE HOUSE,

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendments to the following bills of the Senate:

SB 236. By Senators Rawls of the lOth and Connell of the 6th:
A bill to provide for the elections of electors for President and Vice President; to provide for nomination and certification of party candidates for such electors; for determination of dispute concerning nominations for candidates of such election; and for other purposes.

SB 8. By Senators Rawls of lOth, Connell of 6th, Mavity of 44th, Carlisle of 7th, Pittman of 53rd, Dunn of 8th and Branch of 47th:
A bill to establish a program of assistance to the totally and permanently disabled; to define eligibility requirements; to provide for administration of said program by Welfare Department of State and County.
The Senate insists on its position on the following bill of the House, and respectfully asks that a Committee of Conference bP. appointed:

HB 4.

By Mr. Hand of Mitchell and others:
A bill to amend an Act to prevent discrimination against residents of the State of Georgia on the subject of taxation of accounts receivable and notes not secured by real estate; and for other purposes.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senator Millican of the 52nd, Senator Dunn of the 8th, Senator Willingham of the 39th.
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following resolution of the House to wit:
HR 177. By Messrs. Freeman of Monroe; Twitty of Mitchell; and Smith of Emanuel:
A resolution authorizing that a marble bust of Alexander Hamilton Stephens, Vice-President of the Confederate States of America, be placed in the niche set apart in the State Hall of Fame of Virginia to receive such a memorial; and for other purposes.
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following bills of the House to wit:
HB 691. By Mr. McCracken of Jefferson:
A bill to amend an Act entitled "An Act to fix the compensation for

MONDAY, FEBRUARY 4, 1952

1493

the members of the Board of Roads and Revenues of Jefferson County, etc." and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to wit:

HB 661. By Mr. Twitty of Mitchell:
A bill to authorize the transfer of assets of charitable and non-profit corporations to the State Department of Public Welfare; to prescribe and provide for the manner in which any charitable or non-profit corporation may be authorized to transfer its assets to State Department of Public Welfare; and for other purposes.

HB 831. By Mr. Peacock of Dodge:
A bill to amend an Act approved Aug. 19, 1912 (Ga. Laws 1912, p. 367) which Act created the office of Commissioner of Roads and Revenues for Dodge County, as amended, by increasing the salary of the Commissioner of Roads and Revenues of Dodge County to Forty-eight Hundred Dollars per annum, and increasing the salary of the Clerk to the Commissioner of Roads and Revenues of Dodge County, etc.

HB 832. By Mr. Peacock of Dodge:
A bill to amend an Act approved March 9, 1945, as found in acts of the General Assembly of Georgia, 1945, pages 1152-1154, which said Act is entitled 'An Act to provide for the appointment of special deputy sheriffs in certain counties, to prescribe the qualifications and duties of such special deputy sheriffs, to fix their compensation and to provide for the payment of the same, and for other purposes.

HB 833. By Mr. Peacock of Dodge:
A bill to supplement the compensation now received by the Ordinary of Dodge County, by the payment of a salary to said Ordinary by Dodge County; to fix the amount of said salary, by whom paid, the date of said payments, and for other purposes.

HB 848. By Messrs. Abney and Campbell of Walker and others:
A bill to amend Section 21-105 of the Code of Georgia, relating to the fees paid to coroners, by providing that in certain counties within this State the coroner shall be paid a salary of $600.00 per year; to repeal conflicting laws; and for other purposes.

HB 849. By Mr. Whitworth of Madison:
A bill to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Madison, approved Aug. 17, 1914 (Ga. Laws 1914, pp. 316-322) as amended; to provide that the salary of the Clerk of the Commissioner of Roads and Revenues be increased from $750.00 to $1800.00 per annum; and for other purposes.

1494

JOURNAL OF THE HOUSE,

HB 851. By Mr. McGarity of Henry:
A bill to amend an Act approved Feb. 8, 1951 (Ga. Laws 1951, p. 77), which authorizes appointment of an assistant clerk of the Board of Commissioners of Roads and Revenues for counties of not less than 15,400 population, and not more than 15,825 population, to include counties up to 15,900 population; and for other purposes.

HB 854. By Mr. Greer of Lanier:
A bill to provide for the Ordinary of the County of Lanier, under certain conditions, a supplemental monthly income of not more than $50.00 per month in addition to fees and other compensation; to repeal conflicting laws; and for other purposes.

HB 856. By Messrs. Bell and Mackay of DeKalb:
A bill to amend Sections 24-2823 and 77-103 of the Code of Georgia of 1933 so as to provide that in all counties in the State of Georgia having a population of not less than 120,000 and not more than 145,000, according to the 1950 U. S. Census, or any future U. S. Census, the Commissioners of Roads and Revenues or other governing authority of such counties shall pay the actual cost of feeding prisoners; and for other purposes.

HB 857. By Messrs. Bell and Mackay of DeKalb:
A bill to amend an Act approved Feb. 14, 1951 (Ga. Laws 1951, p. 2401) creating and establishing the Civil Court of DeKalb County, to provide compensation of the Judge and other officers thereof; and for other purposes.

HB 859. By Messrs. Bell and Mackay of DeKalb:
A bill to require jury commissioners in counties having a population of not less than 120,000 and not more than 145,000 according to the 1950 U. S. Census, or any future U. S. Census, in all future registers of the traverse jury list to place all tickets containing names of traverse jurors in one box for the use of Superior Courts in said counties, etc.; and for other purposes.

HB 86L By Messrs. Bell and Mackay of DeKalb:
A bill to amend an Act entitled an Act to create and establish the City Court of Decatur; to define the jurisdiction thereof; to fix terms of said Court, and to prescribe the practice of Judge and Solicitor of said Court, approved Aug. 16, 1922, so as to change and increase the salary of the Judge and Solicitor of said court; and for other purposes.

HB 876. By Mr. Waldrop of Douglas:
A bill to repeal an Act creating a nine-member Board of Commissioners of Roads and Revenues for the County of Douglas approved Dec. 22, 1937 (Ga. Laws 1937-38 Ex. Session, p. 803); to create a threemember Board of Commissioners of Roads and Revenues for Douglas County; and for other purposes.

MONDAY, FEBRUARY 4, 1952

1495

HB 880. By Mr. Ramsey of Effingham:
A bill to amend an Act approved August 3, 1925 (Ga. Laws 1925, p. 634), which created the office of County Treasurer for Effingham County, so as to provide that the County Treasurer shall have a salary of $1500.00 per annum; and for other purposes.

HB 901. By Mr. Musgrove of Clinch:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Clinch, by providing that the Board shall be authorized to supplement the pay of the Ordinary of Clinch County; and for other purposes.

HB 902. By Mr. Jordan of Wheeler:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for the County of Wheeler, and for other purposes.

HB 905. By Mr. McGarity of Henry:
A bill to provide that, in all counties having a population of not less than 15,400 and not more than 15,900, members of the Board of Commissioners of Roads and Revenues in such counties shall be entitled to expense accounts; and for other purposes.

HB 906. By Mr. Black of Webster:
A bill to amend an Act approved July 28, 1921 (Georgia Laws 1921, p. 588), entitled "An Act to create the office of County Treasurer for the County of Webster; to provide a salary for said office; the manner in which said office shall be filled, and for other purposes.

HB 919. By Mr. Alverson of Fulton:
A bill to amend an Act to provide for the Judge and Solicitor General of the Criminal Court, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County, and for other purposes.
SB 240. By Senators Peterson of the 16th, Grayson of the 1st, Williams of the 49th, Chastain of the 41st, Adams of the 15th and Hawes of the 30th:
A bill to amend Section 92-3301 of the Code of Georgia to provide in case of income taxes imposed upon an estate or trust, the tax should be paid on or before the 15th day of April, or if returns be made on the basis of a fiscal year, then on or before the 15th day of the 4th month following the close of the fiscal year; and for other purposes.
SB 300. By Senator Rawls of the lOth:
A bill to amend Section 92-6910 of the Code as amended by an Act of 1937 (Ga. Laws 1937 pp. 517-525) relating to employment of agents to seek out unreturned property by county boards tax assessors, to provide the Board of Tax Commissioners may employ appraisal firms or individuals with the approval of the Board of County Commissioners, and for other purposes.

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JOURNAL OF THE HOUSE,

SB 304. By Senator Rawls of the 1Oth:
A bill to provide that any city may, by ordinance, enter into contracts to allow space for parking meter posts to be used for the purpose of commercial advertising; and for other purposes.

SB 309. By Senator Grayson of the 1st:
A bill to change the form of government for the City of Savannah from Mayor and Alderman form to Council-Manager form, fixing the salary and duties of mayor; creating the office of City Manager, prescribing his duties and powers and for other purposes.

SB 318. By Senator Connell of the 6th:
A bill to provide there shall survive to the personal representative of a decedent cause or causes of action for damaged or destruction of real property of decedent during his lifetime, although no action for recovery was pending at time of decedent's death; to provide for the personal representative to recover from the f01t-feasor reasonable medical expenses incurred between injury and time of death; to provide for recovery of funeral expenses, and for other purposes.

SB 327. By Senator Millican of the 52nd:
A bill to amend the Pension Act of the City of Atlanta to provide Pension protection for persons transferred to the city employment from the county; to provide credit for time served in the Police Department of such county, and for other purposes.

SB 335. By Senator Farrar of the 42nd:
A bill to amend the Act approved February 19, 1951 (Ga. Laws 1951, p. 291) to provide that in all counties having a population of less than 50,000 the Judge of the Superior Court may designate an existing court to act and be known as the Juvenile Court of said county, and for other purposes.

SB 355. By Senator Willingham of the 39th:
A bill to authorize the Board of Lights and Waterworks of the City of Marietta to assess and collect fees, charges and tolls for sewer services within and without the corporate limits of Marietta; to pledge the proceeds to revenue certificates; and for other purposes.
SB 363. By Senator Millican of the 52nd:
A bill to authorize the mayor and general council of Atlanta to grant authority to Fulton Bag & Cotton Mills to erect an overhead passage way across Tennelle Street, S. E., between Carroll Street and Boulevard, and for other purposes.
SB 364. By Senator Williams of the 19th:
A bill to amend the Charter of the City of Crawfordville so as to fix the salary of the Mayor and Council, the Marshall, Night Watchman and other officers; and for other purposes.

MONDAY, FEBRUARY 4, 1952

1497

SB 367. By Senator Oliver of the 54th: A bill to increase the salary of the Judge of the City Court of Reidsville to $2000.00 per year and for other purposes.
HB 172. By Mr. Langdale of Lowndes:
A bill authorizing the appointment of an Administrator De Bonis Non with Will annexed upon application of interested persons in cases when the only qualified Executor of a Decedent's estate dies Testate, and for other purposes.
By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
HB 999. By Messrs. Barber and Short of Colquitt:
A bill to be entitled an Act to amend an Act so as to change voter registration laws in the City of Moultrie, and for other purposes.

HB 1001. By Messrs. Bell, McWhorter, and Mackay of DeKalb:
A bill to be entitled ali Act to amend an Act so as to annex additional territory to the corporate limits of the City of Chamblee, and for other purposes.

HR 280-997b. By Messrs. Gowen and Nightingale of Glynn:
A resolution proposing an amendment to the Constitution of Georgia so as to provide for the levying of a tax for the creation of a fund to be used in promoting the location of new industry in Glynn County, and for other purposes.

HR 281-997c. By Mr. Mull of Fannin:
A lesolution proposing an amendment to the Constitution of Georgia so as to provide for the election of members of the county board of education of Fannin County by the people, and for other purposes.

HR 282-997d. By Mr. Peacock of Dodge:
A resolution proposing an amendment to the Constitution of Georgia so as to authorize the division of Dodge County into five school districts and for the election of members of the board of education from such districts, and for other purposes.
SB 324. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to permit reinstatement of policemen who resign in good standing in the City of Atlanta, and for other purposes.

SB 325. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act creating the charter of the City of Atlanta, and for other purposes.

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JOURNAL OF THE HOUSE,

SB 329. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide pensions to members of fire departments in certain cities, and for other purposes.

SB 331. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for an executive committee to regulate primaries in certain cities, and for other purposes.
Mr. Page of Chatham asked unanimous consent that the following bill of the House be withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government:

HB 926. By Mr. Page of Chatham:
A bill to be entitled an Act to amend an Act incorporating the Town of Thunderbolt, and for other purposes.
The unanimous consent request was granted, and the bill was withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government.
Mr. Murphy of Haralson asked unanimous consent that the following bill of the House be withdrawn from the Committee on General Judiciary #1, read the second time and recommitted to the Committee on General Judiciary #1.

HB 910. By Messrs. Murphy of Haralson, Cornelius of Polk, and others:
A bill to be entitled an Act to amend an Act to provide for the creation of the office of solicitor general emeritus, and for other purposes.
The unanimous consent request was granted, and the bill was withdrawn from the Committee on General Judiciary #1, read the second time and recommitted to the Committee on General Judiciary # 1.
Mr. Leach of Rockdale asked unanimous consent that the folfowing bill of the House be withdrawn from the Committee on General Judiciary #1, read the second time and recommitted to the Committee on General Judiciary # 1 :
HB 995. By Messrs. Leach of Rockdale and Adams of Brantley:
A bill to be entitled an Act to amend an Act relating to the definition of the practice of law, and for other purposes.
The unanimous consent request was granted, and the bill was withdrawn from the Committee on General Judiciary #1, read the second time and recommitted to the Committee on General Judiciary #1.
Mr. Leach of Rockdale moved that the House reconsider its action in failing to adopt the following resolution of the House:
HR 231-882a. By Mr. Leach of Rockdale:
A resolution requesting compensation for damages to Claude G. Bennett, and for other purposes.
The motion to reconsider prevailed, and the resolution was placed at the foot of the calendar following HB 930.

MONDAY, FEBRUARY 4, 1952

1499

By unanimous consent, the following bills of the House and Senate were taken up for consideration and read the third time:

HB 982. By Messrs. Scoggin, Hall, and Covington of Floyd:
A bill to be entitled an Act to authorize the board of Commissioners of Roads and Revenues of Floyd County to pass zoning rules, and for other purposes.
The report 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 983. By Messrs. Scoggin, Hall, and Covington of Floyd:
A bill to be entitled an Act to amend an Act establishing a pension system for Floyd 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 984. By Messrs. Cranford and Robertson of Coweta:
A bill to be entitled an Act to amend an Act so as to authorize the mayor of the City of Newnan to close Black Street, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 985. By Messrs. Durden and Gardner of Dougherty:
A bill to be entitled an Act to provide for holding four terms a year of the Superior Court of Dougherty 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 987. By Messrs. Vandiver, Clay and Wood of Bibb:
A bill to be entitled an Act to amend an Act so as to include officers chosen by popular vote under the pension plan of Bibb 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 988. By Messrs. Holley, Graham, and Bell of Richmond:
A bill to be entitled an Act to amend an Act so as to allow members of the city council of Augusta to succeed themselves one time, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 989. By Messrs. Holley, Graham, and Bell of Richmond:
A bill to be entitled an Act to amend an Act so as to provide for the use of voting machines in Augusta, and for other purposes.
The report of the com;mittee, which was agreeable 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 990. By Messrs. Holley, Graham, and Bell of Richmond:
A bill to be entitled an Act to create the Augusta-Richmond County Building Authority, and for other purposes.
The report of the committee, which was agreeable 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 991. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to provide that members of the board of examiners for journeyman plumbers shall receive $15.00 per day, and for other purposes.
The report of the committee, which was agreeable 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 993. By Messrs. Mackay, Bell, and McWhorter of DeKalb:
A bill to be entitled an Act to amend an Act so as to name an additional member to the Bond Commission of DeKalb County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 4, 1952

1501

On the passage of the bill, the ayes were 113, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 354. By Senator Willingham of the 39th:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the Commissioner of Roads and Revenues of Cobb County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 351. By Senator Davis of the 51st:
A bill to be entitled an Act to amend an Act so as to provide for the election of a Recorder to preside over the Police Court of the City of Perry, and for other purposes.
The report 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.

SB 350. By Senator Mavity of the 44th:
A bill to be entitled an Act to amend an Act so as to authorize the construction of connecting sewers with the City of Chattanooga, Tennessee, by 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 337. By Senator Willingham of the 39th:
A bill to be entitled an Act to authorize the board of education of the City of Marietta 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 316. By Senator Mavity of the 44th:
A bill to be entitled an Act to amend an Act so as to provide for the .division of the Town of Oglethorpe into wards, 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 118, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 295. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for the operation of community centers by 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 287. By Senator McCranie of the 48th:
A bill to be entitled an Act to amend an Act so as to increase the compensation of the Tax Commissioner 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 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 257. By Senator Duncan of the 34th:
A bill to be entitled an Act to amend an Act creating the charter of the Town of Snellville, and for other purposes.
The report 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.

SB 359. By Senator Oliver of the 54th:
A bill to be entitled an Act to repeal an Act reqmrmg law enforcement officers of Tattnall County to wear a uniform, and for other purposes.
The report 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.

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

MONDAY, FEBRUARY 4, 1952

1503

SR 92. By Senator Millican of the 52nd:
A Resolution proposing an amendment so as to authorize the General Assembly to enact laws providing for pensions and disability benefits for employees of the City of Atlanta.
Referred to the Committee on Amendments to Constitution # 1.

SR 93. By Senator Millican of the 52nd:
A Resolution proposing an amendment authorizing the Board of Education of Fulton County to elect the County School Superintendent, and for other purposes.
Referred to the Committee on Amenaments to Constitution # 1.

SB 240. By Senators Peterson of the 16th, Grayson of the 1st and others:
A Bill to be entitled an Act to amend an Act to provide in case of incomes taxes imposed upon l'!n estate or trust, the tax should be paid on or before the 15th day of April, and for other purposes.
Referred to the Committee on Ways and Means.

SB 300. By Senator Rawls of the lOth:
A Bill to be entitled an Act to amend an Act relating to employment of agents to seek out unreturned property by county boards of tax assessors, and for other purposes.
Referred to the Committee on Ways and Means.

SB 304. By Senator Rawls of the lOth:
A Bill to be entitled an Act to provide that any City may by ordinance enter into contracts whereby the City may allow space for }larking meter posts to be utilized for the purpose of commercial advertisement; and for other purposes.
Referred to the Committee on Municipal Government.

SB 309. By Senator Grayson of the 1st:
A Bill to be entitled an Act to change the form of government for the City of Savannah from Mayor and Alderman form to Council-Manager form, and for other purposes.
Referred to the Committee on Municipal Government.

SB 318. By Senator Connell of the 6th:
A Bill to be entitled an Act to provide there shall survive to the personal representative of a decedent cause or causes of action for damaged or destruction of real property of decedent during his lifetime although no action for recovery was pending at time of decedent's death; and for other purposes.
Referred to the Committee on General Judiciary #2.

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JOURNAL OF THE HOUSE,

SB 327. By Senator Millican of the 52nd:
A Bill to be entitled an Act to provide pensions for members of police departments in cities having a population of 150,000 or more so as to provide credit for transferred persons, to provide for the appointment of a board of trustees, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 335. By Senator Farrar of the 42nd:
A Bill to be entitled an Act to amend an Act to provide that in all counties having a population of less than 50,000 the Judge of the Superior Court may designate an existing court to act and be known as the Juvenile Court of said county,'and for other purposes.
Referred to the Committee on General Judiciary #1.

SB 355. By Senator Willingham of the 30th:
A Bill to be entitled an Act to authorize the Board of Lights and Waterworks of the City of Marietta to assess and collect fees, charges and tolls for sewer services within and without the corporate limits of Marietta, and for other purposes.
Referred to the Committee on Municipal Government.

SB 361. By Senator McLaughlin of the 3rd:
A Bill to be entitled an Act to place certain county officers and employees of Wayne County on a salary system instead of fee basis, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 362. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend the charter of the City of Atlanta so as to change the name of Recorder Court to the Municipal Court of Atlanta, and for other purposes.

SB 363. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act to establish a new charter for the City of Atlanta; by granting the Mayor and General Council power and authority to grant to Fulton Bag and Cotton Mills the right to erect an overhead passageway across Tennelle St., S. E., and for other purposes.
Referred to the Committee on Municipal Government.

SB 364. By Senator Williams of the 19th:
A Bill to be entitled an Act to amend the charter of the City of Crawfordville, and for other purposes.
Referred to the Committee on Municipal Government.

MONDAY, FEBRUARY 4, 1952

1505

SB 365. By Senator Williams of the 19th:
A bill to be entitled an Act to provide that in all counties in this State having a population of not less than 4,500 and not more than 4,525, the Clerk of the Superior Court shall be paid a subsistence allowance of $25.00 per month in addition to fees which he now receives, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 367. By Senator Oliver of the 54th:
A Bill to be entitled an Act to amend an Act creating the City Court of Reidsville, and for other purposes.
Referred to the Committee on Counties and County Matters.

By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate amendments thereto:

HB 29. By Messrs. Hand and Twitty of Mitchell, Gowen of Glynn and others:
A Bill to be entitled an Act to provide for the construction and maintenance of turnpike projects, and for other purposes.

The following Senate amendments to HB 29 were read:
By Senator Farrar of the 42nd: (Amendment #3)
Section 5. subsection j by striking the words "than the Judge of the Superior Court shall appoint the three appraisers, and in selecting the appraisers the judge of the Superior Court, though not bound thereby may give consideration the names of prospective appraisers suggested by the authority on the one hand and by the respective owner or owners on the other hand, but the Court shall have the power to exercise its own discretion in the selection of the three appraisers, irrespective of names suggested by the interested parties or either of them," and substituting therefor the following:
"The Court shall then follow the same procedure of selecting appraisers as is now provided for in eminent domain and condemnation of land procedures."
By Senator Chance of the 43rd: (Amendment # 1)
Adding at the end of Paragraph (e) of Section 5, as amended, the following proviso:
"Provided further that wherever said Turnpike divides the land of one owner so as to prevent ingress to and from on said lands, the authority is authorized to provide an underpass or culvert sufficient to provide ingress and egress between said lands.
By Senators Blalock and Hawes of the 30th: (Amendment #2)
Section 9. "No commercial enterprise or activities shall be authorized or conducted by the Georgia Turnpike Authority or any agency of the state within or on the property acquired for as rights of way of turnpike projects and toll roads, as defined in this Act.

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The Georgia Turnpike Authority shall provide for access roads leading to and off the property acquired for rights of way of turnpike projects as provided for in this Act, at points which will best serve the public interest.
Such access roads shall be so located as to permit the establishment, by the owners of lessees of abutting property, of adequate fuel and other facilities for the users of the turnpike projects.
The location of such fuel and other facilities shall be indicated to users of the turnpike projects by appropriate signs, the specifications of which shall be determined by the State Highway Department."
By Senator Connell of the 6th: (Amendment #4)
By striking the "issurance" in the second line of Section 7 and substituting in lieu thereof the word "issuance".
By Senator Millican of the 52nd: (Amendment #5)
"Be it further enacted by the authority aforesaid that all motor common carriers that now hold certificates authorizing them to operate over the public highways of this State that will parallel the Turnpike or Toll Road herein authorized are hereby granted the right to operate their vehicles upon and over said Toll Road or Turnpike under their present certificates upon compliance with the payment of the required toll.
Mr. Twitty of Mitchell moved that the House disagree to Senate Amendments to HB 29.

Mr. Owens of Tift moved that the House agree to Senate Amendments to HB 29.

On the motion to agree the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Barber of Jackson Bell of DeKalb Bell of Richmond Black Bolton Brantley Britton Burgamy Callier Campbell of Walker Carr Claxton Cranford Dicus Duncan

Freeman Green of Cherokee Greer Harper Holley Kelley Kemp Knight Langdale Lavender Leach Lewis of Greene Little McKelvey Mackay Murphy Musgrove Neville Nightingale

Owen:> Perkins Pittard Robertson of Dawson Scoggin Sivell Hoke Smith of Fulton Stevens of Marion Sumner Tumlin Vandiver Waldrop Wilkes Williams of Cobb Williams of Houston Wood Wooten

MONDAY, FEBRUARY 4, 1952

1507

Those voting in the negative were Messrs.:

Adams of Evans Alverson Aycock Barber of Colquitt Bargeron Baughman Beasley Bentley Best Biggers Boone Brannen Byrd Clary Coogle Cornelius Dally Deason Denton Dews Dorsey Durham Edenfield Fears Gardner Garrard Gary Gillis Gowen Graham Green of Irwin Green of Rabun Greene of Crisp Groover

Guthrie Hadden Hall of Floyd Hall of Toombs Harrell Hawkins Henderson Herrin Hilton Hollis Huddleston Ivey Jackson Johnson of Hall Jones of Lumpkin Kennedy Key Kidd
Lam Lanier McCracken McGarity McWhorter Mangum Mims Mishoe Mull Nelson Otwell Ovetby Page Parker Peacock Pickett

Ramsey Raulerson Ray Risner Robertson of Coweta Rogers Rollins Russell Scott Sheffield Simmons Smith of Emanuel Stephens of Towns Stewart Stocks Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Turk Twitty Ursrey Walker of Telfair Warren Wheeler White Whitworth Wiggins Wilkinson Willingham Willis

Those not voting were Messrs. : Ball, Barrett, Battles, Birdsong, Boggus, Brazeal, Brooks, Burkett, Campbell of Oconee, Cates, Clark, Clay, Coffin, Covington, Deen, Durden, Flynt, Griffith, Hale, Harris, Hood, Hopkins, Jessup, Johnston, Jolly, Jones of Bartow, Jordan, King, Kitchens, Lewis of Hancock, Lovett, McGee, Matthews, Murr, Newman, Pickard, Register, Rowland, Short, Smiley, Smith of Bryan, M. M. Smith of Fulton, Tarbutton, Vickers, Walker of Crawford, Weems, Wright, and Mr. Speaker.

On the motion to agree to the Senate amendments, the ayes were 55, nays 102.

The Senate amendments were disagreed to.

By unanimous consent, the following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 691. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend an Act so as to increase the compensation of the members of the Board of Roads and Revenues of Jefferson County, and for other purposes.

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JOURNAL OF THE HOUSE,

The following Senate substitute to HB 691 was read:

A BILL
An Act to amend "an Act entitled an Act to fix the compensation for the members of the Board of Roads and Revenues of Jefferson County, Georgia, and the Clerk of said board, and to repeal so much of the Act approved December 13, 1871, and the Act approved February 20, 1873, as may be in conflict with this Act, which Acts provide for a Board of Roads and Revenues in and for the County of Jefferson; and for other purposes.", as contained in Georgia Laws, 1921, pages 509-510 inclusive, by striking Section 1 of said Act which fixes the compensation of the members of the Board of Roads and Revenues of Jefferson County, Georgia, in its entiretly and inserting in lieu thereof a new section to be called Section 1 which will increase the compensation of the members of said board by providing that said members may draw a monthly salary not in excess of One Hundred ($100.00) Dollars per month to be determined by said Board and by providing that the salary of the Chairman of said Board may be in an amount not to exceed One Hundred Twenty-Five ($125.00) Dollars per m,onth, the amount of said Chairman's salary to be determined by said Board; and by striking Section 2 of said Act which fixes the compensation of the Clerk of said Board in its entirety and inserting in lieu thereof a new section to be called Section 2 which will provide that said Board may fix the salary of the Clerk in a sum not to exceed $100.00 per month; and for other purposes.

Section 1
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That an Act entitled "An Act to fix the compensation for the members of the Board of Roads and Revenues of Jefferson County, Georgia, and the Clerk of said Board, and to repeal so much of the Act approved December 13, 1871, and the Act approved February 20, 1873, as may be in conflict with this Act, which Acts provide for a Board of Roads and Revenues in and for the County of Jefferson; and for other purposes.", as contained in Georgia Laws, 1921, pages 509-510 inclusive, be and the same is hereby amended by striking Section 1 and 2 of said Act and inserting in lieu thereof two new sections to be numbered Section 1 and 2 to read as follows, to wit:
Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after January 1, 1953, the compensation for the members of the Board of Roads and Revenues of Jefferson County, Georgia, shall be such amount as may be determined by said Board, which amount shall not exceed the sum of One Hundred ($100.00) Dollars per month provided that said Board may fix the salary of the Chairman of said Board in an amount not to exceed the sum of One Hundred Twenty-Five ($125.00) Dollars per month which shall be the only salary that the said Chairman is entitled to.
Section 2. Be it further enacted that the compensation of the Clerk of said Board shall be fixed by said Board, which amount shall not exceed the sum of One Hundred ($100.00) Dollars per month.

MONDAY, FEBRUARY 4, 1952

1509

Section 2
Be it further enacted that all laws and parts of Laws that may be in conflict with this Act be and the same are hereby repealed.
On the motion to agree to the Senate substitute to HB 691, the ayes were 103, nays 0.
The Senate substitute was agreed to.
Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 915. By Mr. Adams of Evans:
A Bill to be entitled an Act to amend an Act so as to further provide how fiduciaries may sell stocks or bonds, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 6.
The bill, having received the requisite constitutional majority, was passed.
Under the regular order of business, the following resolution of the Senate was taken up for consideration and read the third time:

SR 80. By Senator Dunn of the 8th:
A Resolution proposing the development of a state park in the Jim Woodruff Reservoir area, 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.

Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 972. By Mr. Hollis of Muscogee:
A Bill to be entitled an Act to regulate the practices relating to installment loans, and for other purposes.

The following substitute to HB 972 was read and adopted:
By Mr. Hollis of Muscogee:
A BILL
To be entitled an Act to regulate and control service charges, late charges, certain expenses, insurance and certain other practices relating to loans repayable in one or more instalments and the purchases of debts and loans repayable in installments, and the use of separate instruments in connection therewith; to prohibit certain practices except

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upon agreement with the debtor; to limit the requirements of creditors relative thereto to certain maximums specified herein; to define the requirements which are permissible and to prohibit unauthorized or excessive requirements by lenders; to repeal all laws in conflict herewith; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY THE SAME:
SECTION I
All persons, natural or artificial, herein called creditors, on loans of money to be paid back in one or more instalments or on the sale of anything to be paid for in periodic instalments or on the purchase or discount of evidence of indebtedness to be repaid or paid in periodic instalments, are prohibited, unless permitted to do so by agreement made with the debtor at or before the time of completing the transaction or of extending or renewing credit, from the practices hereafter set forth; and upon such agreement, made with the debtor at or before such time, such creditors may obtain and receive the following, but only the following, service charges, late charges, fees paid to appraisers, fees relative to titles, fees for filing, recording, releasing and notarizing, court costs, expenses of repossession, storing and selling collateral on such transactions:
(a) A service charge in advance to reimburse the creditor for service by itself or by others rendered or to be rendered and expenses incurred or to be incurred, in an amount not in excess of the greater of $5.00 per transaction or the rate of $2.00 per $100.00 of the amount of the debt or loan contract; provided that such service charge shall not be collected within four months of a prior contract on which a service charge has been collected, excepting on that part of a new contract which is in excess of the proceeds thereof used to pay off said prior contract; and provided further that such service charge shall not be collected unless the contract is actually made. The burden of proving that a service charge is excessive or unauthorized shall be on the person complaining of same.
(b) A late charge, which shall not be in excess of five cents per $1.00 of the amount of any instalment which is not paid when it becomes due, and not in the aggregate in excess of $5.00 for any one such instalment.
(c) Repayment of only the actual fees paid to appraisers, surveys, fees for examination of title or for title insurance, and fees paid to any public official or agency for filing, recording, releasing and notarizing any instrument securing the transaction; and collect only the court costs incurred in the collection of any contract in default, and the actual and reasonable expenses of repossession, storing and selling collateral securing any such transaction in default. The present provisions of law relative to attorneys fees may also continue to be required.
SECTION II
If the debtor agrees, the following insurance may be arranged, either in whole or in part:
(a) Insurance furnished by the debtor, who shall pay the premium

MONDAY, FEBRUARY 4, 1952

1511

therefor, for insuring real estate or tangible personal property securing the contract against the risks of damage, destruction, loss or theft, and the same shall be only for such amount and term as are reasonably related to the type and value of the property and the amount and term of the contract.
(b) Insurance furnished by the debtor, who shall pay the premium therefor, for insuring the life of one or more of the parties obligated to pay the contract against the risk of death, and the same shall be for an amount and term reasonably related to the amount and term of the loan.
If such insurance is furnished, copy of the policy or a certificate thereof shall be issued by an insurance company authorized to do business in this State and delivered or mailed by the lender or by an insurance agent or by an insurance company to the debtor within twenty days. Such policies may name the creditor as a co-insured or may protect the creditor's interests under a loss payable or mortgagee clause. Commissions for selling such insurance may be received by the creditor or any employee, agent or affiliate of the creditor.

SECTION III
If agreed to by the debtor as provided above, these practices and requirements shall not be deemed interest or compensation or discount or charges or exactions for the use of money or credit, nor need the creditor account to the borrower therefor if they are within the maximums set forth in the preceding section of this Act.

SECTION IV
Creditors may receive from their debtors or others, and enforce, more than one note or evidence of debt, whether or not on separate instruments, and whether or not done at the same time or as a condition to one another, purporting to cover the purchase or loan on, or discount of, different assets or separate security, which, at the option of the creditor, shall be conclusively deemed to be separate and distinct transactions.

SECTION V
Such expenses, authorized under this Act, as are charged to the debtor at the time of making the loan shall be itemized, and specific notice of these items shall be given to the debtor.

SECTION VI
Nothing in this Act shall be construed to apply to or limit or regulate any transactions made between a creditor and any person other than the debtor, nor to any transaction made between the debtor and any person other than the creditor, unless such other person is specifically named herein.

SECTION VII
If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the validity of the

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JOURNAL OF THE HOUSE,
remainder of the Act and the applicability of such provisions to other persons or circumstances shall not be affected thereby.

SECTION VIII
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 78, nays 44.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Hollis of Muscogee gave notice that at the proper time he would move that the House reconsider its action in failing to pass the bill.

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

HB 771. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend Section 110-401 of the 1933 Code of Georgia so as to provide that suits on account shall not be considered suits for unliquidated damages, and for other purposes.
The report 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 2.
The bill, having received the requisite constitutional majority, was passed.
HB 772. By Mr. Hawkins of Screven:
A Bill to be entitled an Act to amend Section 81-301 of the 1933 Code of Georgia so as to provide for service of demurrers and pleas, and for other purposes.
The report 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 886. By Messrs. Bell of Richmond, Hawkins of Screven, and Page of Chatham:
A Bill to be entitled an Act to amend Section 71-107 of the 1933 Code of Georgia so as to provide that the seal of the notary need not be required to his attestation of deeds, and for other purposes.
The report 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.

MONDAY, FEBRUARY 4, 1952

1513

HR 63-303c. By Mr. Harris of Wayne:
A Resolution requesting compensation for damages to Wilford T. Blanton, and for other purposes.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 3.
The resolution, having received the requisite constitutional majority, was adopted.

HB 889. By Mr. McCracken of Jefferson:
A Bill to be entitled an Act to amend Section 95-165 of the law relating to powers and duties of the State Highway Board, and for other purposes.

The following committee substitute to HB 889 was read and adopted:

A BILL
To be entitled an Act to amend Code Section 95-1605 of the law stating "Powers and Duties of the State Highway Board" (Georgia Laws 1950, pp 62-65), by striking the period at the end of said Section and inserting in lieu thereof a semi-colon, and by adding the following:
"Provided, that the State Highway Board shall not be charged with the duty, nor have the power, to regulate the size or location of driveway entrances into the highway inside the corporate limits of a municipality having a population of 5,000 or over, according to the latest United States Government census. Nothing herein contained shall prevent the Highway Board or Department from advising and cooperating with such municipalities concerning the subject matter of this Act."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME:

SECTION 1.
That Code Section 95-1605 of the law stating the "Powers and Duties of the State Highway Board" (Georgia Laws 1950, pp 62-65), be and the same is hereby amended by striking the period at the end of said Section and inserting in lieu thereof a semi-colon, and by adding after said semi-colon the following:
"Provided, that the State Highway Board shall not be charged with the duty, nor have the power, to regulate the size or location of driveway entrances into the highway inside the corporate limits of a municipality having a population of 5,000 or over, according to the latest United States Government census. Nothing herein contained shall prevent the Highway Board or Department from advising and cooperating with such municipalities concerning the subject matter of this Act,"

1514

JOURNAL OF THE HOUSE,

so that said Section, when amended by this Act shall read as follows:
"95-1605. POWERS AND DUTIES OF STATE HIGHWAY BOARD-The State Highway Board shall be charged with the general duties, management and control of the State Highway Department, State highways, the State highway system of roads and bridges, and the State highway funds, subject, however, to such delegation thereof as may by this Chapter be given to and vested in the chairman of the State Highway Board; provided, that the State Highway Board shall not be charged with the duty, nor have the power, to regulate the size or location of driveway entrances into the highway inside the corporate limits of a municipality having a population of 5,000 or over, according to the latest United States Government census. Nothing herein contained shall prevent the Highway Board or Department from advising and cooperating with such municipalities concerning the subject matter of this Act."

SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 120, nays 2.
The bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Twitty of Mitchell moved that the House do now recess until 1 :30 o'clock this afternoon, and the motion prevailed.

The Speaker announced the House recessed until t:30 o'clock this afternoon.

1:30 P. M.

The Speaker called the House to order.

Mr. Ray of Warren asked unanimous consent that the following bill of the House be withdrawn from the Committee on Ways and Means, read the second time and recommitted to the Committee on Ways and Means:

HB 998. By Mr. Key of Jasper:
A Bill to be entitled an Act to amend an Act so as to provide additional exemptions from the retailers' and consumers' sales and use tax, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on Ways and Means, read the second time and recommitted to the Committee on Ways and Means.
Under the regular order of business, the follwing bills of the House were taken up for consideration and read the third time:

MONDAY, FEBRUARY 4, 1952

1515

HB 916. By Messrs. Twitty of Mitchell, Greer of Lanier, and Bentley of Cobb:
A Bill to be entitled an Act to authorize an adjustment of the compensation of officials and employees of the executive department, and for other purposes.

The following amendment to HB 916 was read and adopted:
Mr. Twitty of Mitchell moves to Amend Section 6 of HB 916 by adding a new paragraph to read as follows:
"Provided further, that any provision in this Act to the contrary notwithstanding the terms and conditions of this Act shall apply to the members of the Public Service Commission and the total annual compensation and allowances of the Commissioner of Agriculture and Attorney General shall hereby be fixed at the same maximum annuam amount as is authorized under the terms of this Act for the Secretary of State, State Treasurer and other similar officers. In the administration of this Act the base compensation and allowances used for calculation under the terms of this Act for all officials shall be an amount not less than the total compensation paid for the services in the fiscal year ended June 30, 1943".

Mr. Lavender of Elbert moved the previous question.

On the motion, the ayes were 64, nays 46.

The motion prevailed.
Mr. Pittard of Clarke moved that further consideration of the bill be postponed until Thursday morning immediately following the period of unanimous consent.
Dr. Smith of Bryan moved that further consideration of the bill be postponed indefinitely.

The motion to postpone indefinitely was lost.

The motion to postpone until Thursday was lost.

An amendment offered by Mr. Pittard of Clarke was withdrawn.
An amendment offered by Mr. Hood of Chatham was withdrawn.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Upson Alverson Aycock Barber of Jackson Bargeron Barrett Baughman Beasley Bell of Richmond

Best Boggus Boone Brantley Byrd Campbell of Walker Clark Clary Claxton Coffin

Coogle Dally Denton Dews Dicus Duncan Durham Freeman Gardner Gary

1516

JOURNAL OF THE HOUSE,

Graham Green of Rabun Greene of Crisp Greer Griffith Groover Hadden Hall of Floyd Harper Harrell Hawkins Holley Hollis Hood lvey Jackson Jessup Johnson of Hall Jolly Jones of Lumpkin Kelley Kennedy Key

Kidd Langdale Lanier Lavender Lewis of Greene McCracken Mangum Matthews Mims Mull Murr Musgrove Otwell Overby Owens Peacock Perkins Pickard Ramsey Ray Register Robertson of Coweta Rogers

Rollins Rowland Sheffield Short Sivell Smith of Emanuel Hoke Smith of Fulton M. M. Smith of Fulton Stocks Tamplin Tarbutton Tarpley Twitty Ursrey Walker of Telfair Warren Wheeler Whitworth Wiggins Williams of Cobb Williams of Houston

Those voting in the negative were Messrs.:

Abney of Walker Adams of Brantley Adams of Evans Ball Battles Bell of DeKalb Biggers Black Britton Burgamy Callier Carr Cornelius Cranford Deason Dorsey Edenfield Fears Garrard Gowen Green of Cherokee Green of Irwin
Guthrie

Hall of Toombs Henderson Herrin Hilton Jordan Kemp King Kitchens Knight Lam Leach Little McGarity McKelvey Mackay Mishoe Murphy Nelson Neville Newman Nightingale
Page Pickett

Pittard Raulerson Robertson of Dawson Russell Simmons Smith of Bryan Stephens of Towns Stevens of Marion Sumner Tillman Todd Trapnell Turk Vandiver Waldrop Walker of Crawford Weems White Willingham Willis Wood Wooten Wright

Those not voting were Messrs.: Barber of Colquitt, Bentley, present, Birdsong, Bolton, Brannen, Brazeal, Brooks, Burkett, Campbell of Oconee, Cates, Clay, Covington, Deen, Durden, Flynt, Gillis, Hale, Harris, Hopkins, Huddleston, Johnston, Jones of Bartow, Lewis of Hancock, Lovett, McGee, McWhorter, present, Parker, Risner, Scott, Scoggin, Smiley, Stewart, Terry, Tippens, Tumlin,
Vickers, Wilkes, Wilkinson, and Mr. Speaker.

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

MONDAY, FEBRUARY 4, 1952

1517

On the passage of the bill, as amended, the ayes were 97, nays 69.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Ursrey of Jeff Davis gave notice that at the proper time he would move that the House reconsider its action in failing to pass the bill.

HB 893. By Mr. Hood of Chatham:
A Bill to be entitled an Act to repeal an Act prohibiting taxi-cabs from refusing service to anyone, and for other purposes.
The report 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.

HR 174-755a. By Messrs. Hand of Mitchell and Smith of Emanuel:
A Resolution proposing an amendment to the Constitution of Georgia so as to provide for a State Board of Education composed of one member from each congressional district, and for other purposes.
The following committee substitute to HR 174-755a was read and adopted:
A RESOLUTION
WHEREAS, There is existing conflict as to authority of Boards of Education and Superintendents elected by the people, both at the State and local levels of the administration, and
WHEREAS, there is a division of opinion as to ways and means of correcting this situation to the end that policy making and administrative responsibility would be clearly defined, and methods of selecting Boards of Education and Superintendents would be established, and
WHEREAS, The Minimum Foundation Program of Education Law was the result of the study and reports made by a commission authorized and appointed by the General Assembly;
THEREFORE, BE IT RESOLVED That the Georgia General Assembly direct the President of the Senate to appoint two members from the Senate and direct the Speaker of the House of Representatives to appoint three members of the House to serve with five school men named by the Directors of the Georgia Education Association on a School Administration Committee. The Lieutenant Governor and the Speaker of the House of Representatives shall serve as ex-officio members of said committee. The Committee shall be charged with the duty of making a complete and exhaustive study and investigation into the organization and administrative structure of local school systems and of the State school system and shall make a complete report on its findings and shall make recommendations to guide the members of the General Assembly on its deliberations in matters pertaining to reorganization of the administrative structures of the local school systems and of the State school system which is administered by the State Department of Education.

1518

JOURNAL OF THE HOUSE,

The facilities of the office of the State Auditor and the Department of Education shall be available to the Committee, at no extra cost, to gather and compile pertinent data and other information required by the Committee.
The School Administration Committee thus appointed shall report at the next meeting of the General Assembly in January 1953 and for its services the members shall receive the compensation and expenses provided for in Georgia Laws, Code Section No. 47-111.

The following amendment to the substitute was read and adopted:
Mr. Brantley of Upson, amends the substitute resolution by striking out "five school men named by the Directors of the Georgia Education Association and substituting:
"three members of G. E. A., one member of State Board of Education and one member from State Department of Education, appointed by the Superintendent."
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, the ayes were 126, nays 7.
The resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.
HB 723. By Messrs. Smith of Emanuel, Aycock of Jenkins, and others:
A Bill to be entitled an Act to amend an Act so as to provide a new formula for the calculation of funds needed by a county school system to defray the expenses of pupil transportation, and for other purposes.
The foliowing amendment was read and adopted:
Mr. Smith of Emanuel moves to amend HB 723 as follows:
By striking from the fourth paragraph of Section 1 the following words: "and shall not be less than $125.00 per month for ten months, provided adequate funds are appropriated by law".
And further amending by adding at the bottom of said fourth paragraph of Section 1 the following:
"Provided however, notwithstanding any of the provisions of this Act to the contrary, that upon the passage and approval of this Act, all school bus drivers employed by County Boards of Education to drive school buses shall receive $25.00 per month for ten months each year in addition to their 1951-52 salary, and all contract school bus drivers, joint ownership or otherwise, shall receive $50.00 per month for ten months each year in addition to their 1951-52 contracts."
so that paragraph four of Section 1 when so amended shall read as follows:
"The State Board of Education shall annually fix a schedule of minimum salaries which shall be paid to the drivers of school busses in all counties of the State. This schedule of minimum salaries shall be determined annually. This salary schedule shall be uniform for all

MONDAY, FEBRUARY 4, 1952

1519

bus drivers transporting twelve or more school children, and shall be considered separate and apart from the expense in purchasing, maintaining and operating the vehicle itself. County School Authorities may not pay to any bus operator in its employment transportating twelve or more children a salary less than the minimum salary prescribed by the State Board of Education as provided above. County School Authorities may supplement the salaries of any of its bus operators, and in fixing the amount thereof may take into account the nature of the duties to be performed, the responsibility of the position, the experience and the individual worth of the bus operator. This salary schedule shall be used by the State Department of Education to disburse state funds to local administrative units for the purpose of compensating bus drivers for their services and shall become effective if and when additional state funds are appropriated or otherwise made available. Funds granted to a local unit of administration for transportation shall be spent only for transportation purposes. Provided, however, notwithstanding any of the provisions of this Act to the contrary, that upon the passage and approval of this Act, all school bus drivers employed by county boards of education to drive school busses shall receive $25.00 per month for ten months each year in addition to their 1951-52 salary, and all contract school bus drivers, joint ownership or otherwise, shall receive $50.00 per month for ten months each year in addition to their 1951-52 contracts."
The caption to be amended accordingly.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 122, nays 2.
The bill, having received the requisite constitutional majority, was passed, as amended.
Mr. McGarity of Henry requested that the journal show him as having voted for the passage of HB 723.

HB 441. By Mr. Langdale of Lowndes:
A Bill to be entitled an Act to amend Section 45-322 of the 1933 Code of Georgia so as to provide for the penalty for hunting at night, and for other purposes.

The following substitute was read and adopted:

By Mr. Langdale of Lowndes:

A BILL
To be entitled an Act to amend Section 45-322 of the 1933 Code of Georgia and all Acts amendatory thereof, which prohibits making use of lights while hunting certain animals at night, by striking said section in its entirety and inserting in lieu thereof a new section in order to remove the prohibition against use of lights as a hunting aid while hunting certain animals at night; to repeal conflicting laws, and for other purposes.

1520

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:

SECTION 1.
Section 45-322 of the 1933 Code of Georgia, as amended, which prohibits making use of lights while hunting certain animals at night, is hereby amended by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:
"45-322. Use of traps, poisons, drugs, or explosives; hunting at night. Any person who shall at any time kill, capture, or wound any game bird, or animal, by making use of any pitfall, deadfall, snare, trap, net, pen, or other device; or by making use of any poison, drug, or explosive; or shall hunt, capture, or kill any game bird, or animal, at night, except racoons, frogs, opossums, foxes, mink, skunk, otters, and muskrat, shall be guilty of a misdemeanor, and upon conviction shEll be punished for a misdemeanor, provided, however, that any fine imposed on such person shall not be less than $100.00 for each offense, or a term of service on public works imposed on such person shall be not less than sixty days for each offense."

SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 118, nays 1.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 780. By Messrs. Langdale of Lowndes, Greene of Crisp, and Clary of McDuffie:
A Bill to be entitled an Act to amend Section 45-146 of the 1933 Code of Georgia so as to provide that rules passed under the authority of the Game and Fish Commission shall be admitted into evidence, and for other purposes.
The report 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 326. By Mess1s. Greer of Lanier, Herrin of Echols, and others:
A Bill to be entitled an Act to provide for the installation of head and rear lights on track motor cars operated by common carriers, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.

MONDAY, FEBRUARY 4, 1952

1521

On the passage of the bill, the ayes were 105, nays 8.
The bill, having received the requisite constitutional majority, was passed.
Mr. Tarbutton of Washington gave notice that at the proper time he would move that the House reconsider its action in passing HB 326.

HB 327. By Messrs. Greer of Lanier, Herrin of Echols, and others:
A Bill to be entitled an Act to provide for the installation of windshields and tops on track cars operated by common carriers, and for other purposes.
The report 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 11.
The bill, having received the requisite constitutional majority, was passed.

HB 888. By Messrs. Ray of Warren, Key of Jasper, and Smith of Emanuel:
A Bill to be entitled an Act to provide for the effect of permission to the debtor to exercise dominion over the proceeds of any property assigned as security for debt, and for other purposes.

The following amendment was read and adopted:
Mr. Key of Jasper moves to amend HB 888 as follows:
By adding after the word "fraudulent" in Section l the words "or create a presumption of fraud."
Also, by striking at the end of Section 1 the words "and shall not otherwise invalidate or impair the same except to the extent that, under existing law, bona fide purchaser relying on the authority or apparent authority of the debtor may obtain a better claim, so that Section 1 as amended will read as follows:
In case any property is conveyed, assigned or mortgaged as security for any debt, permission to the debtor to exercise dominion over or to use such property or the proceeds thereof or any part thereof shall not cause such conveyance, assignment or mortgage to be deemed fraudulent or create a presumption of fraud as to creditors.
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 5.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 892. By Mr. Bggus of Ben Hill:
A Bill to be entitled an Act to amend Section 69-407 of the 1933 Code of Georgia relating to street improvements by municipalities, and for other purposes.
The following committee amendment was read and adopted:

1522

JOURNAL OF THE HOUSE,

Representative Boggus of Ben Hill County moves to amend HB 892 as follows:

By inserting in the last line of the caption after the word "improvement" and before the word "and" the following additional words: "To repeal all conflicting Iaws ;".

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 111, nays 0.

The bill, having received the requisite constitutional majority, was passed, as amended.

Messrs. Cates of Burke and Murr of Sumter were granted leave of absence for one day.

Mr. Twitty of Mitchell moved that the House do now adjourn until 9:00 o'clck tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock tomorrow morning.

TUESDAY, FEBRUARY 5, 1952

1523

Representative Hall, Atlanta, Georgia, February 5, 1952.

The House met pursuant to adjournment, this day at 9:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the journal was dispensed with.
The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions.
3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported.
5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions.
7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

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

HB 1008. By Mr. Green of Cherokee:
A Bill to be entitled an Act to amend an Act which pertains to and deals with the fixing of the salary of the Clerk to the Commissioners of Roads and Revenues of Cherokee County, and for other purposes.
Referred to the Conunittee on Counties and County Matters.

HB 1009. By Mr. Green of Cherokee:

A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues of Cherokee County, and for other purposes.
Referred to the Committee on Counties and County Matters.

1524

JOURNAL OF THE HOUSE,

HB 1010. By Mr. Griffith of Putnam:
A Bill to be entitled an Act to amend an Act to create and establish a new charter for the City of Eatonton, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1011. By Messrs. Duncan and Perkins 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 the Committee on Municipal Government.

HB 1012. By Messrs. Bell, Graham and Holley of Richmond:
A Bill to be entitled an Act to amend an Act creating the Board of Education of Richmond County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1013. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act requiring all candidates for the General Assembly in Carroll County to designate and qualify for certain seats in the General Assembly and to name their incumbent opponents, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1014. By Messrs. Langdale and Register 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.
Referred to the Committee on Municipal Government.

HB 1015. By Messrs. Murr and Burgamy of Sumter: A Bill to be entitled an Act to amend an Act to establish the City Court of Americus, and for other purposes.
Referred to the Committee on General Judiciary #1.

HB 1016. By Mr. Kemp of Clayton:
A Bill to be entitled an Act to amend an Act to change from the fee system to salary system in the County of Clayton; relating to the Clerk of Superior Court and the Sheriff, and for other purposes.
Referred to the Committee on Counties and County Matters.

HR 288-1016a. By Messrs. Smith and Edenfield of Emanuel:
A Resolution authorizing and directing the State Librarian to furnish certain records to Emanuel County, and for other purposes.
Referred to the Committee on Counties and County Matters.

TUESDAY, FEBRUARY 5, 1952

1525

HB 1017. By Mr. Sivell of Harris:
A Bill to be entitled an Act to amend an Act to fix the compensation of the members of the Board of Commissioners of Roads and Revenues of Harris County, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1018. By Messrs. Mims of Miller, Durham of Baker and Black of Webster:
A Bill to be entitled an Act to prohibit the use of a number on that part of an official ballot placed in the ballot box by a voter in all primary and general elections in the State, and for other purposes.
Referred to the Committee on State of Republic.

HB 1019. By Messrs. Adams of Evans and Edenfield of Emanuel:
A Bill to be entitled an Act to amend an Act relating to the Conversion of National Banks into State Banks and of State Banks into National Banks, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1020. By Messrs. Adams of Evans and Edenfield of Emanuel:
A Bill to be entitled an Act to provide for the conversion of National Banking Associations into, and their merger or consolidation with State Banks, and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1021. By Messrs. Mackay, Bell and McWhorter of DeKalb, Kemp of Clayton and Ivey of Newton:
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 the Committee on General Judiciary #1.

HB 1022. By Messrs. Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Chamblee, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1023. By Messrs. Tumlin of Bartow, Abney of Catoosa, Musgrove of Clinch, Register of Lowndes and Campbell of Walker:
A Bill to be entitled an Act to provide that the driver of a motor vehicle involved in an accident on a public street or highway resulting in injury to or death of any person, or any total property damage to an extent of $50.00 or more shall not leave the scene of such accident before the arrival of investigating officers, and for other purposes.
Referred to the Committee on General Judiciary #1.

1526

JOURNAL OF THE HOUSE,

HB 1024. By Messrs. Aycock of Jenkins, Pickett of Pickens and Mull of Fannin=
A Bill to be entitled an Act to amend 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, and for other purposes.
Referred to the Committee on Ways and Means.

HB 1025. By Mr. Brooks of Oglethorpe:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Crawford, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1026. By Mr. Barrett of Pike:
A Bill to be entitled an Act to provide a tenure system for teachers in the public schools of this State, and for other purposes.
Referred to the Committee on Education #2.

HR 290-1026a. By Messrs. Twitty of Mitchell and Greer of Lanier:
A Resolution to authorize and direct that the current compensation of State employees not fixed by law be adjusted to conform to the rise in cost of living index since 1942, and for other purposes.
Referred to the Committee on State of Republic.

HR 291-1026b. By Messrs. Mims of Miller, Durham of Baker, Ursrey of Jeff Davis, Pittard of Clarke and others:
A Resolution to regulate the salaries of the employees of the State of Georgia to conform to the rise in cost of living, and for other purposes.
Referred to the Committee on State of Republic.

HB 1027. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to provide that in all counties having a population of not less than 100,000 and not more than 112,000, the County Board of Commissioners, or other fiscal agent of such counties, shall be authorized to designate a fiscal year for any of such counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

HB 1028. By Messrs. McGee and Hood of Chatham:
A Bill to be entitled an Act to amend the Charter incorporating the Mayor and Aldermen of the City of Savannah, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1029. By Messrs. McGee and Hood of Chatham: A Bill to be entitled an Act providing for a new registration of the

TUESDAY, FEBRUARY 5, 1952
qualified voters of Chatham County, and for other purposes. Referred to the Committee on Counties and County Matters.

1527

HR 292-1029a. By Mr. Mims of Miller:
A Resolution to continue in effect the joint House and Senate Committee appointed during the 1951 session to investigate the Department of Public Welfare during the year 1952, and for other purposes.
Referred to the Committee on Public Welfare.

HR 293-1029b. By Messrs. Pittard of Clarke and Brooks of Oglethorpe:
A Resolution to create a Joint Senate-House Committee for the purpose of investigating and reporting on highway and highway tax methods of other states and reporting thereon to the 1952 General Assembly, and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1030. By Messrs. Bell, Mackay and McWhorter of DeKalb:
A Bill to be entitled an Act to amend an Act creating and establishing for DeKalb County a County Planning Commission and Board of Zoning Appeals, and for other purposes.
Referred to the Committee on Counties and County Matters.
HB 1031. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend the charter of the City of Augusta, so as to abolish the Board of Civil Service Commission of Augusta, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1032. By Messrs. Bell, Holley and Graham of Richmond:
A Bill to be entitled an Act to amend the Charter of the City of Augusta, so as to create a Board of Civil Service Commission for the City Council of Augusta, and for other purposes.
Referred to the Committee on Municipal Government.

HB 1033. By Messrs. Trapnell and Neville of Bulloch, Hawkins of Screven, Ramsey of Effingham and Aycock of Jenkins:
A Bill to be entitled an Act to amend an Act relating to compensation of Court Reporters in reporting criminal cases; to provide for the levy and collection of a tax by the authorities of the various counties comprising said Ogeechee Judicial Circuit, and for other purposes.
Referred to the Committee on Judiciary #1.

Mr. Freeman of Monroe County, Chairman of the Committee on Amendments to Constitution #1, submitted the following report:

1528

JOURNAL OF THE HOUSE,

Mr. Speaker: Your Committee on Amendments to Constitution #1 has had under con-
sideration the following resolutions of the House and Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 95-426a. Do Pass.
HR 245-927e. Do Pass.
SR 93. Do Pass.
SR 92. Do Pass. HR 159-708c. Do Pass.
Respectfully submitted,
Freeman of Monroe,
Chairman.

Mr. Alverson of Fulton 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 997. Do Pass. HB 1002. Do Pass. HB 1007. Do Pass. SB 270. Do Pass. SB 360. Do Pass. SB 362. Do Pass. SB 361. Do Pass. SB 367. Do Pass. SB 365. Do Pass. SB 327. Do Pass. SB 338. Do Pass, as amended. SR 85. Do Pass. SB 340. Do Pass, by substitute.
Respectfully submitted,
Alverson of Fulton, Chairman.

TUESDAY, FEBRUARY 5, 1952

1529

Mr. Rogers of Heard County, Chairman of the Committee on General Agriculture #2, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture # 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 953. Do Pass.
Respectfully submitted,
Rogers of Heard,
Chairman.

Mr. Henderson of Atkinson 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 resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HR 284-1007a. Do Pass.
Respectfully submitted,
Henderson of Atkinson,
Chairman.

Mr. Cornelius of Polk County, Vice-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 Vice-Chairman, to report the same back to the House with the following recommendations:
HR 287-1007d. Do Pass.
HR 279-997a. Do Pass.
Respectfully submitted,
Cornelius of Polk,
Vice-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 544. Do Not Pass.

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JOURNAL OF THE HOUSE,

HB 996. Do Pass, by substitute. HB 1004. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

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

HB 642. By Messrs. Murr and Burgamy of Sumter:
A Bill to amend an Act entitled "An Act to amend, revise and consolidate the several Acts granting corporate authority to the City of Americus; etc."; authorizing the Mayor and City Council of Americus to assess, levy and collect ad valorem tax for specified purposes and fix the amount of same for each purpose, and for other purposes.

HB 684. By Mr. McCracken of Jefferson:
A Bill to amend the Charter of the City of Wadley, Georgia, and the several Acts amendatory thereof so as to change the amount of ad valorem tax which may be levied by said city from one per cent to two per cent.

HB 686. By Mr. McCracken of Jefferson:
A Bill to amend an Act approved August 12, 1914, entitled "An Act to create and establish a new charter for the Town of Bartow, to declare the rights, powers and privileges of said corporation, and for other purposes"; so as to provide for a permanent registration of voters and to change the time in which the book for the registration of voters shall be kept open, and for other purposes.

HB 688. By Mr. McCracken of Jefferson:
A Bill to amend the charter of the City of Louisville, Georgia, and the several Acts amendatory thereof so as to change the amount of ad valorem tax which may be levied by the said City from one per cent to two per cent.

HB 689. By Mr. McCracken of Jefferson:
A Bill to amend the Charter of the City of Wrens, Georgia, so as to change the amount of ad valorem tax which may be levied by said City from one per cent to two per cent; to correct a typographical error in Section 2 of the amendment to the Charter of said City of Wrens, Georgia, and for other purposes.

TUESDAY, FEBRUARY 5, 1952

1531

HB 728. By Messrs. Lovett and Hadden of Laurens:
A Bill to amend an Act entitled "An Act to reduce the number of county commissioners of Laurens County from eight to three"; to reduce the number of road districts from eight to three, and for other purposes.

HB 729. By Messrs. Lovett and Hadden of Laurens:
A Bill to amend an Act incorporating the Town of Rentz in Laurens County, so as to provide that the rate of taxation shall not exceed 1%% of the value of the property, and for other purposes.

HB 730. By Messrs. Lovett and Hadden of Laurens:
A Bill to amend an Act entitled "An Act to create a new charter for the City of Dublin, in the County of Laurens, and to reincorporate said city and define its territorial limits, and for other purposes.

HB 745. By Mr. Claxton of Camden:
A Bill to amend the charter of the City of St. Marys so as to change the hours for keeping the polls open so that in future the same will be open from 8:00 A. M. to 6:00 P. M., and for other purposes.

HB 790. By Messrs. Vandiver and Clay of Bibb:
A Bill 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; to vest title to certain property in the City of Macon located within the limits of the City of Macon being a part of Broadway adjacent to part of Lot 8, Block 3 of the City of Macon, to close said part of said street to public use, and for other purposes.

HB 793. By Messrs. Willis and Scott of Thomas:
A Bill to amend an Act incorporating the Town of Coolidge, approved December 10, 1901 (Ga. Laws 1901, p. 359), as amended, so as to change the eorporate name of the town of Coolidge to the City of Coolidge; to increase ad valorem tax to not exceeding fifteen mills, and for other purposes.
HR 794. By Mr. Jolly of Franklin:
A Bill to amend an Act approved August 20, 1918 (Acts of 1918 pp. 710-739), and all Acts amendatory thereof, creating a new charter for the City of Lavonia, so as to provide a salary of six hundred dollars per annum for the Mayor of said City of Lavonia instead of a salary of one hundred and fifty dollars per annum, and for other purposes.
HB 800. By Messrs. Vandiver and Clay of Bibb and others:
A Bill to amend an Act entitled an Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Act; 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 for other purposes.

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JOURNAL OF THE HOUSE,

HB 804. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A Bill to amend an Act entitled an Act to establish a new charter for the City of Atlanta; to provide for parking meters, and for other purposes.

HB 826. By Messrs. Scoggin and Covington of Floyd, and others:
A Bill to amend Section 21-105 of the Code of Georgia, relating to the Coroner's fees, by increasing said fees in counties in designated classifications; to repeal conflicting laws, and for other purposes.

HB 846. By Mr. Kemp of Clayton:
A Bill to amend an Act entitled an Act to incorporate the City of Jonesboro, in the County of Clayton, State of Georgia, to create a new charter and municipal government for said corporation; to declare the rights and powers of same, and for other purposes, approved August 18, 1919 (Acts of 1919, pp. 1067-1089) and Acts amendatory thereof, and for other purposes.

HB 850. By Messrs. Sumner and Johnston of Worth:
A Bill 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 corporation and to consolidate Acts relating to the rights and powers of said corporation"; to extend and to enlarge the corporate limits of City of Sylvester, and for other purposes.

HB 853. By Mr. Green of Irwin:
A Bill to amend an Act approved February 16, 1933, creating a Board of Commissioners of Roads and Revenues for the County of Irwin, prescribing and defining their powers, duties, and compensation (Ga. Laws 1933, p. 571); so as to change the salary of the Chairman of said Board of Commissioners and to change the salary of the Clerk of said Board, and for other purposes.

HB 858. By Mr. Wiggins of Stephens:
A Bill to amend an Act approved September 7, 1891, incorporating the Town of Martin, in Stephens County, and all Acts amendatory thereto; conferring upon the Town of Martin the right, power and authority to grant privileges and franchises to any other municipal corporation to own and operate natural gas distribution within the corporate limits of the Town of Martin, and for other purposes.
HB 860. By Mr. Wiggins of Stephens:
A Bill to amend an Act approved December 20, 1897, incorporating the City of Toccoa; conferring upon the City of Toccoa the right, power and authority to operate a gas distribution system within and without the corporate limits of the City of Toccoa, and for other purposes.
HB 879. By Messrs. Lovett and Hadden of Laurens:
A Bill to amend an Act approved March 31, 1937 (Ga. Laws 1937, p.

TUESDAY, FEBRUARY 5, 1952

1533

1771) creating a new charter for the City of Dublin so as to change the status of the third and fourth wards in said city; to repeal conflicting laws, and for other purposes.

HB 881. By Messrs. Lovett and Hadden of Laurens:
A Bill to amend an Act entitled "An Act to create a new charter for the City of Dublin, in Laurens County and to reincorporate said city and define its territorial limits, and for other purposes"; by repealing in their entirety: Section 6 of Article II of said Charter, and Section 7 (c) of said Article II, which sections pertain to qualifications, eligibility and oath of voters in city election, and for other purposes.

HB 882. By Messrs. Lovett and Hadden of Laurens:
A Bill to amend an Act entitled "An Act to create a new charter for the City of Dublin, in Laurens County, and to reincorporate and define its territorial limits, and for other purposes"; to provide for election of certain officers and employees of said City for terms of one year each, said elections to be by the Mayor and Aldermen of said City, and for other purposes.

SB 368. By Senator Jones of the 22nd:
A Bill to create the charter for the City of Jackson; to define the city limits thereof; to provide for the election of Mayor and Council and other employees; and define the duties of officers thereof; to provide for a referendum to ratify same and for other purposes.

HB 660. By Messrs. Ray of Warren, Smith of Emanuel, Twitty and Hand of Mitchell:
A Bill to amend an Act approved February 21, 1951 entitled "General Appropriations Act" (Ga. Laws 1951, pp. 417-444) so as to authorize the expenditure of appropriated funds for the payment of benefits to permanently disabled persons, and for other purposes.
HB 764. By Messrs. Campbell of Oconee, Sivell of Harris and others:
A Bill to amend that Act of the General Assembly approved the 30th day of March, 1937; to define milk; to regulate the distribution and sale thereof, and for other purposes.
HB 789. By Messrs. Hand and Twitty of Mitchell, and others:
A Bill to amend an Act entitled "University System Building Authority" known as the "University System Building Authority Act", Acts 1949 pp. 1009-1024, approved February 25, 1949 (Title 32 Chapter 1A of Georgia Code of 1933 Annotated), as amended Acts 1951, pp. 44, 45, by amending Section 5 of said Act. and for other purposes,
The Senate has agreed to the House amendment to the following bills of the Senate.
SB 261. By Senator Hawes of the 30th:
A Bill to amend Section 83-201 of the Code to provide the manner of ob-

1534

JOURNAL OF THE HOUSE,

taining rights of way by persons or corporations engaged in the business of mining and quarrying, and for other purposes.

SB 281. By Senator Willingham of the 39th:
A Bill to amend the Charter of the City of Marietta, to authorize the collection of an ad valorem tax not to exceed one mill for the cost of sewage disposal; to authorize appropriations by the Board of Lights and Water Works to the City of Marietta from surplus revenues, and for other purposes.

The Senate agrees to House substitute for the following bill of the Senate.
SB 173. By Senator Willingham of the 39th:
A Bill to amend Section 105-1307 of the Code of Georgia of 1933, relating to who may recover for the homicide of a child, by striking the words "upon whom she or he is dependent, or who contributes to her or his support", and for other purposes.

The Senate has receded from its position on Senate amendment #2 to the following bill of the House, to wit:

HB 29. By Mr. Hand of Mitchell and others: A Bill to facilitate vehicular traffic in the State of Georgia by providing for construction, maintenance, repair and operation of turnpike projects, and for other purposes.
The Senate insists on its position on Senate amendments # 1, 3, and 4 and 5 of HB 29 and respectfully asks that a Committee of Conference be appointed.
The President has appointed on the part of the Senate as a Committee of Conference the following:
Senator Grayson of the 1st
Senator Rawls of the 1Oth
Senator Connell of the 6th

The Senate has read and adopted the following resolutions of the House:

HR 283. By Mr. Green of Rabun:
A Resolution authorizing expenditure by the Game and Fish Commission of certain available funds for the maintenance and improvement of the Lake Burton Fish Hatchery, and for other purposes.

HR 278. By Messrs. Scoggin and Hall of Floyd, Hand and Twitty of Mitchell, Smith of Emanuel and Ray of Warren:
A Resolution memorializing the death of Honorable Leon Covington of Rome, Floyd County, Georgia.

TUESDAY, FEBRUARY 5, 1952

1535

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

HB 309. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A Bill to provide that a member of an Executive Committee of any political party or organization which may nominate candidates for political office by primary or otherwise shall be ineligible to hold other public office in or be employed by any county having a population of more than 300,000 according to the last or any future federal decennial census, and for other purposes.

HB 731. By Messrs. Lovett and Hadden of Laurens:
A Bill to place the Clerk of the Superior Court of Laurens County and his deputies on a salary basis; to fix the salary of said Clerk and to provide that said salary shall be paid from county funds, and for other purposes.

HB 732. By Messrs. Lovett and Hadden of Laurens:
A Bill to abolish the offices of Tax Collector and Tax Receiver in the County of Laurens; to consolidate the offices of Tax Receiver and Tax Collector of Laurens County; to create the office of County Tax Commissioner of Laurens County, and for other purposes.

HB 733. By Messrs. Lovett and Hadden of Laurens:
A Bill to amend an Act entitled an Act to amend an Act creating the City Court of Dublin, and all amendatory Acts thereof, and especially the Acts of Georgia Laws of 1904, p. 140, an Act of 1900 p. 117, an Act of 1917, p. 239, also an Act of 1920 p. 325 pertaining to the Clerk of said City Court of Dublin, and for other purposes.

HB 734. By Messrs. Lovett and Hadden of Laurens:
A Bill to amend an Act entitled an Act to amend an Act creating the City Court of Dublin; and amendatory Acts thereof; and specially that Act of Georgia Laws of 1904, page 140, Section 3, pertaining to the Sheriff of said City Court of Dublin, and for other purposes.

HB 735. By Messrs. Lovett and Hadden of Laurens:
A Bill to place the Sheriff of Laurens County and his deputies on a salary basis; to fix the salary of said Sheriff and to provide that said salary shall be paid from county funds, and for other purposes.

HB 847. By Mr. Kemp of Clayton:
A Bill to amend an Act approved August 14, 1908, entitled an Act to incorporate the Town of Forest Park, Georgia, and Acts amendatory thereof; to provide for said municipality to be known as the City of Forest Park instead of the Town of Forest Park, and for other purposes.
By unanimous consent, the following bills and resolutions of the House and

1536

JOURNAL OF THE HOUSE,

Senate, favorably reported, were read the second time:

HB 997. By Messrs. Smith and Edenfield of Emanuel:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the tax commissioner of Emanuel County, and for other purposes.

HB 1002. By Messrs. Bolton and Harper of Spalding:
A Bill to be entitled an Act to amend an Act so as to change the compensation of the members of the boards of education in certain counties, and for other purposes.

HB 1007. By Messrs. Perkins and Duncan of Carroll:
A Bill to be entitled an Act to amend an Act so as to change the hours for holding elections in certain counties, and for other purposes.

HR 95-426a. By Messrs. Hand of Mitchell, Smith of Emanuel, and others:
A Resolution proposing an amendment to the Constitution of Georgia so as to provide for separate schools for the white and colored races, and for other purposes.

HR 159-708c. By Mr. Adams of Upson:
A Resolution proposing an amendment to the Constitution of Georgia so as to revise the method of selecting the members of the State Board of Education, and for other purposes.

HR 279-997a. By Mr. Sivell of Harris:
A resolution requesting comr.ensation for damages to Mr. and Mrs. Thomas G. Coppock, and for other purposes.

HR 287-1007d. By Mr. Kidd of Baldwin:
A resolution requesting compensation for damages to Anne Myrich, and for other purposes.

SB 270. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide for the appointment of a chief deputy tax commissioner in certain counties, and for other purposes.

SB 327. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide pensions for members of police departments in certain cities, and for other purposes.

SB 338. By Senator Mashburn of the 33rd:
A bill to be entitled an Act to amend an Act so as to increase the salary of the Chairman of the Board of Commissioners of Roads and Revenues in Forsyth County, and for other purposes.

TUESDAY, FEBRUARY 5, 1952

1537

SB 360. By Senator Oliver of the 54th:
A bill to be entitled an Act to fix the salaries of officers of the police force of Tattnall County, and for other purposes.

SB 361. By Senator McLaughlin of the 3rd:
A bill to be entitled an Act to place certain officers and employees of Wayne County on a salary instead of a fee basis, and for other purposes.

SB 362. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to change the name of the recorders court to the municipal court of Atlanta, and for other purposes.

SB 365. By Senator Williams of the 19th:
A bill to be entitled an Act to provide a subsistence allowance to the clerk of the superior court in certain counties, and for other purposes.

SB 367. By Senator Oliver of the 54th:
A bill to be entitled an Act to amend an Act so as to increase the salary of the judge of the city court of Reidsville, and for other purposes.

SR 92.

By Senator Millican of the 52nd:
A resolution proposing an amendment so as to provide for pension and disability benefits for employees of the City of Atlanta, and for other purposes.

SR 93.

By Senator Millican of the 52nd:
A resolution proposing an amendment so as to authorize the Board of Education of Fulton County to elect the County School Superintendent, and for other purposes.

HB 996. By Messrs. Key of Jasper, McCracken of Jefferson, and others: A bill to be entitled an Act to amend an Act so as to make certain changes in the license tax of corp01ations, and for other purposes.
HB 1004. By Mr. Jones of Lumpkin: A bill to be entitled an Act to provide safe accommodations by all public carriers operating sleeping car equipment, and for other purposes.
HR 284-1007a. By Mr. Owens of Tift:
A resolution proposing the sale of surplus state property to the City of Tifton, and for other purposes.

By unanimous consent, the following bills of the House and Senate were taken up for consideration and read the third time:

1538

JOURNAL OF THE HOUSE,

HB 823. By Messrs. Duncan of Carroll and Perkins of Carroll:
A bill to be entitled an Act to amend an Act so as 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 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 999. By Messrs. Barber and Short of Colquitt:
A bill to be entitled an Act to amend an Act so as to change the voter registration laws of the City of Moultrie, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1001. By Messrs. Bell, McWhorter, and Mackay of DeKalb: A bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Chamblee, and for other purposes.
The report 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 324. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to permit the reinstatement of policemen 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 ma.jority, was passed.

SB 325. 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 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 5, 1952

1539

SB 329. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide pensions for members of the fire department in certain cities, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 331. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for an executive committee to regulate prim,aries in certain cities, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 356. By Senator Williams of the 19th:
A bill to be entitled an Act to require the Board of Education of Taliaferro County to receive bids on all purchases amounting to $500.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 357. By Senator Williams of the 19th:
A bill to be entitled an Act to require the Board of Commissioners of Taliaferro County to receive bids on all purchases amounting to $500.00, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the House reconsidered its action in failing to pass the following bills, and the bills were placed at the foot of the calendar following HB 922:

HB 916. By Messrs. Twitty of Mitchell, Greer of Lanier, and others:
A bill to be entitled an Act to authorize the adjustment of the compensation for officers of the executive branch of the state government, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 972. By Mr. Hollis of Muscogee:
A bill to be entitled an Act to regulate service charges on installment loans, and for other purposes.
Mr. Hollis of Muscogee asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on General Judiciary #2, read the second time and recommitted to the Committee on General Judiciary #2:

SB 275. By Senators Branch of the 47th, Harden of the 45th, and others:
A bill to be entitled an Act to amend an Act creating the office of judge of the superior courts, emeritus, and for other purposes.
The unanimous consent request was granted, and the bill was withdrawn from the Committee on General Judiciary #2, read the second time and recommitted to the Committee on General Judiciary #2.

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

HB 757. By Messrs. Matthews of Clarke, Campbell of Oconee, and others:
A bill to be entitled an Act to provide for the size of vehicles operating on public roads, and for other purposes.

The following committee amendment was read and adopted:
Amend HB 757 by striking sections (e) and (g) and substituting a new section (e) as follows:
" (e) . The total axle weight imposed on the highway by the wheels of
any one vehicle shall not exceed 19,350 pounds." and to renumber sections (h) through (k)-(g) through (j) accordingly.

The following amendments were read and adopted:
Mr. Clark of Decatur moves to amend HB 757 by adding a new Paragraph (h) :
"No tolerance, variation or deviation from the weight limits provided herein shall be allowed by Administrative regulation or Executive Order."
Messrs. Campbell of Oconee and Ursrey of Jeff Davis move to amend HB 757 by striking sub section (k) of Section 1 and substituting in lieu thereof the following:
(k) As a penalty for the violation of the overloads of weights as set forth in this section the following penalties shall apply as an automatic penalty against the owner or lessee of the vehicle operating overloaded:
For the first 1,000 pounds overweight-! per pound
For the next 1,000 pounds overweight-2 per pound
For the next 1,000 pounds overweight-3 per pound
For the next 1,000 pounds overweight-4 per pound

TUESDAY, FEBRUARY 5, 1952

1541

For the next 1,000 pounds overweight-5 per pound
For all excess weight above 5,000 pounds-6 per pound
Mr. McCracken of Jefferson moves to amend HB 757 by adding a comma at the end of the last sentence in Section 2, and by adding the following words: "in the event that the conviction is for overloading", so that said Section 2 shall read as follows:
SECTION 2
Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that any person who shall be found guilty of violating any of the provisions of this Act shall be punished as for a misdemeanor, and the penalties set forth is subsection (k), Section l, hereof shall apply as the fine, in the event that the conviction is for overloading.
Mr. McCracken of Jefferson moves to amend HB 757 by adding the following provision as Section 2-A:
SECTION 2-A
The Highway Department of the State of Georgia or the Governor of the State of Georgia may be empowered to authorize movement of heavy equipment by a special temporary permit.
Mr. Langdale of Lowndes moves to amend HB 757 by adding the following sentence at the end of subsection (d) of Section 1:
"Loads of logs, lumber, structural steel, piping and timber may exceed the length herein fixed without securing a permit as now required by law".
Mr. M. Smith of Fulton moves to amend HB 757 so as to clarify the meaning thereof to show that the same does not encompass either "Trackless trolleys" or "trolley coaches".
Amend HB 757 by adding a new section between Section 1 and Section 2, to be designated as Sub-Section L, reading as follows:
SECTION L
A "trackless trolley" or "trolley coach" being classified as a street car, is neither a vehicle nor a motor vehicle; and nothing in this Act shall apply either to "trackless trolleys" or "trolley coaches", or both. "Trackless trolley" and "trolley coach" mean a coach which is propelled by electric power obtained from overhead trolley wires, but not operated on rails, together with auxiliary conveyances for maintaining and installing primarily overhead trolley wires, and are classed as street cars.
Mr. Ray of Warren moves to amend HB 757 by striking the following from sub section (d) of Section 1 "in excess of 50 feet" and substituting in lieu thereof "in excess of 48 feet" so that sub section (d) of Section 1 shall read as follows:
" (d) No combination of trucks, tractors or trailers coupled together shall consist of more than two units and no such combination, of vehicles including any load thereon shall have overall length" inclusive of front and rear bumpers, in excess of 48 feet.

1542

JOURNAL OF THE HOUSE,

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

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

Those voting in the affirmative were Messrs.:

Adams of Brantley Adams of Evans Bargeron Bell of DeKalb Bell of Richmond Best Brannen Brantley Brazeal Brooks Byrd Campbell of Oconee Clary Deen Flynt Garrard Gary Gillis Graham

Green of Cherokee Greer Hall of Floyd Hall of Toombs Harrell Harris Herrin Hilton Holley lvey Jones of Lumpkin Jordan Kennedy Kidd Lavender Leach Lewis of Greene McCracken McWhorter

Mackay Mangum Matthews Mims Otwell Perkins Ray Risner Rogers Smiley Smith of Emanuel M. M. Smith of Fulton Stocks Tumlin Twitty Ursrey Wheeler

Those voting in the negative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman Bentley Biggers Birdsong Black Boggus Bolton Boone Britton Burgamy Callier Campbell of Walker Carr Claxton Clay Coffin
Coogle Cornelius Cranford

Dally Deason Denton Dews Dicus Dorsey Duncan Durden Durham Fears Freeman Gardner Gowen Green of Irwin Green of Rabun Greene of Crisp Griffith Groover Hadden Hale Harper
Hawkins Henderson Hollis Huddleston Jackson Jessup
Johnson of Hall Jolly

Kelley Kemp King Kitchens Knight Lam Langdale Lanier Little Lovett McGarity McKelvey Mull Murphy Musgrove Nelson Neville Newman Nightingale Overby Owens Page Parker Peacock Pickett Pittard
Ramsey Raulerson Register

TUESDAY, FEBRUARY 5, 1952

1543

Robertson of Coweta Robertson of Dawson Rollins Rowland Russell Scott Scoggin Sheffield Simmons Sivell Smith of Bryan Hoke Smith of Fulton

Stevens of Marion Sumner Tamplin Tarbutton Tarpley Terry Tillman Trapnell Turk Vandiver Waldrop Walker of Crawford

Walker of Telfair Warren White Whitworth Wiggins Wilkes Wilkinson Williams of Cobb Williams of Houston Willingham Wooten Wright

Those not voting were Messrs.: Beasley, Burkett, Cates, Clark, Covington, Edenfield, Guthrie, Hood, Hopkins, Johnston, Jones of Bartow, Key, Lewis of Hancock, McGee, Mishoe, Murr, Pickard, Short, Stephens of Towns, Stewart, Tippens, Todd, Vickers, Weems, Willis, Wood, and Mr. Speaker.

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

On the passage of the bill, as amended, the ayes were 55, nays 123.

The bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Twitty of Mitchell moved that the House do now recess until 2:00 o'clock this afternoon, and the motion prevailed.

The Speaker announced the House recessed until 2:00 o'clock this afternoon.

The Speaker called the House to order.

2:00P.M.

The following resolution was read and adopted:

HR 289. By Mr. Ramsey of Effingham:

A RESOLUTION
WHEREAS, certain lands and forests in Effingham County offer promising potentialities for development of a State Park; and
WHEREAS, such development would greatly benefit the citizens of that County and this State and all posterity thereof;
NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia that the Department of State Parks, Historic Sites, and Monuments, through its Director, be and the same is hereby ordered and directed to investigate the possibilities relative to the acquisition and development into a State Park of properties in Effingham County;
BE IT FURTHER RESOLVED that it shall be the duty of said Department, upon funds being appropriated therefor, to so acquire and

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JOURNAL OF THE HOUSE,

develop, for purposes of a State park, such beforementioned properties in Effingham County.

Under the regular order of business, the following resolutions of the House were taken up for consideration and read the third time:

HR 236-908e. By Mr. Jordan of Wheeler:
A resolution authorizing the sale of a house at the Flowery Branch Nursery, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 237-908f. By Messrs. Parker and Kidd of Baldwin, and Jordan of Wheeler:
A resolution to transfer certain land in Baldwin County to the Georgia Forestry Commission, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 114, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 238-908g. By Mr. Jordan of Wheeler:
A resolution transferring certain land in Land Lots 233, 234, and 235 to the Georgia Forestry Commission, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 110, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HR 260-943b. By Mr. Knight of Gordon:
A resolution proposing the creation of the New Echota State Memorial Park in Gordon County, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 115, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Unde1 the regular order of business, the following bill of the House was again taken up for consideration and read:

TUESDAY, FEBRUARY 5, 1952

1545

HB 92. By Mr. Alverson of Fulton:
A bill to be entitled an Act to provide for the admission of voluntary patients to the Milledgeville State Hospital, and for other purposes.

The following amendments were read and adopted:
Mr. Pittard of Clarke moves to amend HB 92 by changing the period at the end of Section 1 to a comma and adding the words:
"provided a certificate of need of treatment shall be signed by a physician qualified to certify, that adequate facilities be available for such person, and that the superintendent of the State Hospital shall approve the admission."

Mr. Nightingale of Glynn moves to amend HB 92, and Section 3 thereof, by substituting the words "or" in lieu of the words "and" where the same occur at the end of subparagraphs (1) and (2) of said Section of said Bill.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 110, nays 3.
The bill, having received the requisite constitutional majority, was passed, as amended.
Under the regular order of business, the following bills of the House were taken up for consideration and read the third time:

HB 951. By Mr. Alverson of Fulton:
A Bill to be entitled an Act to authorize the Atlanta Bible Institute to confer the degree of Bachelor of Arts in Biblical Education, and for other purposes.
Mr. Twitty of Mitchell moved that the bill be tabled.
The motion prevailed and the bill was tabled.
HB 811. By Messrs. Durden of Dougherty and Bolton of Spalding:
A Bill to be entitled an Act to amend Section 113-408 of the 1933 Code of Georgia so as to provide that a subsequent divorce shall revoke a will, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 662. By Mr. Perkins of Carroll:
A Bill to be entitled an Act to provide for the licensing of dogs by the State Game and Fish Commission, and for other purposes. Mr. Clary of McDuffie moved that the bill be tabled. The motion prevailed and the bill was tabled.

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JOURNAL OF THE HOUSE,

HB 512. By Messrs. Robertson and Cranford of Coweta:
A Bill to be entitled an Act to amend Section 49-314 of the 1933 Code of Georgia relating to granting of letters of dismission to guardians, and for other purposes.

The following amendment was read and adopted:
Mr. Gowen of Glynn moves to amend HB 512 by striking all of the second page except the repealing clause.
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 516. By Messrs. Robertson and Cranford of Coweta:
A Bill to be entitled an Act to amend Section 24-2104 of the 1933 Code of Georgia pertaining to the time when business may be transacted with ordinaries, and for other purposes.
The report 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 5.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following bill of the Senate was withdrawn from the Committee on Hygiene and Sanitation, read the second time and recommitted to the Committee on Hygiene and Sanitation:
SB 277. By Senator Rawls of the lOth: A Bill to be entitled an Act to amend an Act so as to define "marihuana" under the Uniform Narcotic Drug Act, and for other purposes.
Under the regular order of business, the following bills and resolution of the House were taken up for consideration and read the third time:
HB 513. By Messrs. Robertson and Cranford of Coweta: A Bill to be entitled an Act to amend Sections 49-610.1 and 49-610.7 of the 1933 Code of Georgia relating to the fees of the ordinary in restoration proceedings, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0. The bill, having received the requisite constitutional majority, was passed.
HB 514. By Messrs. Robertson and Cranford of Coweta:
A Bill to be entitled an Act to amend Section 49-605 of the 1933 Code

TUESDAY, FEBRUARY 5, 1952

1547

of Georgia so as to provide for transfer of veterans from the State Hospital to any institution operated by the United States Government, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 515. By Messrs. Robertson and Cranford of Coweta:
A Bill to be entitled an Act to amend Section 49-813 of the 1933 Code of Georgia relating to the commitment of incompentent or insane veterans to a United States Veterans Bureau Hospital, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 946. By Messrs. Lovett of Laurens, Scott of Thomas, and others:
A Bill to be entitled an Act to amend an Act so as to change the population of municipalities with independent school systems in figuring their classification under the Minimum Foundation Program, and for other purposes.

The following amendment was read and adopted:
Mr. McWhorter of DeKalb moves to amend HB 946 to insert the figures 23,000 in lieu of the figures 20,000.
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 92, nays 19.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Lovett of Laurens gave notice that at the proper time he would move that the House reconsider its action in failing to pass the bill.

HR 271-976a. By Mr. Tamplin of Morgan:
A Resolution requesting compensation for damages to Bruce F. Allen, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 109, nays 5.
The resolution, having received the requisite constitutional majority, was adopted.

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HB 908. By Mr. Freeman of Monroe:
A Bill to be entitled an Act to amend an Act so as to provide that peace officers who have served thirty years but have not reached the age of sixty may retire and receive pension benefits, and for other purposes.

The following substitute was read and adopted: By Messrs. Overby of Hall and Freeman of Monroe:

A BILL
To be entitled an Act to amend an Act entitled "an Act to provide 1evenue 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.", approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), so as to provide that the peace officers who have served for thirty (30) years and who have not reached the age of sixty (60) may cease to serve as peace officers and receive the benefits provided under this Act upon reaching the age of sixty ( 60) ; to provide that peace officers having the required thirty (30) years service and who are totally and permanently disabled may receive the benefits provided without regard to age; to provide for disability benefits for peace officers totally and permanently disabled in line of duty; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia as follows:

SECTION 1.
An Act 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.", approved February 1, 1950 (Ga. Laws 1950, p. 50), as amended by an Act approved February 21, 1951 (Ga. Laws 1951, p. 472), is hereby amended by adding at the end of Section 11, which Section relates to benefits, the following:
"Provided, however, any other provisions of this section or this Act to the contrary notwithstanding, any peace officer who has served the required (30) years and has not reached the age of sixty (60) may, if he so desires, terminate his duties as a peace officer and shall be entitled to receive the benefits to which he is entitled under the provisions of this Act upon reaching the age of sixty (60). Provided, further, any other provisions of this Section or this Act to the contrary, notwithstanding, any peace officer who has served the required thirty (30) years and who is totally and permanently disabled shall be entitled to receive the benefits to which he is entitled under the provisions of this Act, regardless of age.",
so that said Section 11 when so amended shall read as follows:

TUESDAY, FEBRUARY 5, 1952

1549

"Section 11. That the money so paid into the hands of the Treasrer of the Board of Commissioners of the Peace Officers Annuity and Benefit Fund of Georgia herein provided, shall be used for the following purposes: Upon proper application being presented by a peace officer upon a form to be provided by the said Board for annuities and/or benefits and approval thereof granted by the Board, the Treasurer of the Board shall thereupon pay to such applicant a monthly sum of 60% of the average monthly salary or income received by such applicant over a period of three years immediately prior to making application therefor; provided, however, that said applicant has had twenty (20) years' service as a peace officer in Georgia; the sum of 70% of the average monthly salary or income received by applicant over the three year period immediately prior to making such application, provided such applicant shall have served twenty-five (25) years as a peace officer in the State of Georgia; and the sum of 80% of the average monthly salary or income received by such applicant over the three year period immediately prior to making application therefor, provided said applicant has had thirty (30) years of service as a peace officer in the State of Georgia. No person shall be eligible for benefits hereunder until his or her official duties shall have terminated unless otherwise provided for in this Act, and unless he or she shall file application within ninety (90) days, or as soon thereafter as possible, from the time of termination of his or her official duties as such officer in the State of Georgia and is at least sixty (60) years of age at the time such application is made, and provided further that in no case shall the annuity payable under this section exceed the sum of one hundred dollars per month. Provided, however, any other provisions of this section or this Act to the contrary notwithstanding, any peace officer who has served the required thirty (30) years and has not reached the age of sixty (60) may, if he so desires, terminate his duties as a peace officer and shall be entitled to receive the benefits to which he is entitled under the provisions of this Act upon reaching the age of sixty (60) . Provided, further, any other provisions of this Section or this Act to the contrary notwithstanding, any peace officer who has served the required thirty (30) years and who is totally and permanently disabled shall be entitled to receive the benefits to which he is entitled under the provisions of this Act, regardless of age."

SECTION 2.
Said Act as amended is further amended by adding thereto a Section to be numbered Section 12, to read as follows:
"Section 12. Any peace officer subject to the provisions of this Act, upon becoming totally or permanently disabled in line of duty, after having served continuously for a period of one year or more as a peace officer in the State of Georgia, next preceeding the date of such disability, shall be entitled to be paid monthly as such disability continues, by the Treasurer of the Board of Commissioners, upon proper application being made therefor, a percentage of the average monthly salary or income received by such officer over a period of time as hereinafter provided. Such percentage shall be based upon the number of years of continuous service rendered by the applicant as a peace officer in the State of Georgia as follows:
For continuous service of one (1) year and less than two (2) years, twelve (12) per cent of such average monthly salary or income;

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For continuous service of two (2) years and less than three (3) years, twenty-four (24) per cent of such average monthly salary or income;
For continuous service of three (3) years and less than four (4) years, thirty-six (36) per cent of such average monthly salary or income;
For continuous service of four (4) years and less than five (5) years, forty-eight (48) per cent of such average monthly salary or income;
For continuous service of at least five ( 5) years or more, sixty (60) per cent of such average monthly salary or income.
Any peace officer totally and permanently disabled in line of duty during the first years as a peace officer shall receive 12% of his average monthly salary during such period of disability.
Provided, however, that in no case shall the disability benefits under this section exceed the sum of one hundred dollars ($100.00) per month, and provided further that the Board shall fix the minimum amounts to be paid under this Act."

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 125, nays 9.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 218. By Mr. Key of Jasper:
A Bill te be entitled an Act to authorize cities to accept cash bonds from persons violating ordinances, and for other purposes.

The following committee substitute was read and adopted:

A BILL
To be entitled an Act to authorize Mayors and their designated official of municipalities, cities or towns to accept cash bonds from persons charged with a violation of the ordinances or of an offense against such municipality, city or town; to provide for the forfeiture thereof; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same:

SECTION 1.
That from and after the passage of this Act, all mayors or their designated official or officials of municipalities, cities or towns, are au-

TUESDAY, FEBRUARY 5, 1952

1551

thorized to accept a cash bond for the personal appearance of any person charged with a violation of an ordinance, or an offense against said municipality, city or town, to answer the charges preferred against such person. Said officer assessing and accepting a cash bond shall issue a receipt to the applicant for same.

SECTION 2.
That when any mayor of any municipality, city or town of this State shall designate any municipal official to accept cash bonds under the provisions of this Act, such delegation of authority shall be in writing and filed in the records of the municipality, city or town.

SECTION 3.
That any person charged with a violation of a municipal ordinance or an offense against a municipality, city or town, and who gives a cash bond for his personal appearance at a designated time and place and who fails to appear at said time and place shall forfeit said cash bond upon the call of said case for trial and it shall not be necessary for such municipality, city or town to take any further action to forfeit said cash bond.

SECTION 4.
That forfeiture of a cash bond shall not be a bar to a subsequent prosecution of the accused for such violation.

SECTION 5.
That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

The following amendment to the substitute was read and adopted:
Mr. Nightingale of Glynn moves to amend the substitute to HB 218 by inserting a new section to be numbered and to read as follows:
"Section 4A. The provisions of this law shall not apply to municipalities having provisions in their charters with reference to the subject matter of this law."
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 117, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
Mr. Twitty of Mitchell moved that the House do now adjourn until 9:00 o'clock tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia. February 6, 1952.

The House met pursuant to adjournment, this day at 9:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, 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 eestablished as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any order he deem advisable.

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

HB 1034. By Messrs. Key of Jasper and Matthews of Clarke:
A bill to be entitled an Act relating to livestock running at large or straying upon public roads; providing for liability of the owner; and for other purposes.
Referred to the Committee on Public Highways # 1.

Mr. Lovett of Laurens County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the folIowing 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 969. Do Pass.

WEDNESDAY, FEBRUARY 6, 1952

1553

SB 253. Do Pass.

Respectfully submitted, Lovett of Laurens, Chairman.

Mr. Alverson of Fulton 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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 896. Do Pass. HB 903. Do Pass. HB 1008. Do Pass. HB 1009. Do Pass. HB 1012. Do Pass. HB 1013. Do Pass. HB 1016. Do Pass. HR 288-1016a. Do Pass. HB 1017. Do Pass.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Alverson of Fulton 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 1027. Do Pass.
HB 1029. Do Pass.
HB 1030. Do Pass.
Respectfully submitted,
Alverson of Fulton,
Chairman.

1554

JOURNAL OF THE HOUSE,

Mr. Adams of Evans County, Chairman of the Committee on Education #2, submitted the following report:
Mr. Speaker:
Your Committee on Education #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 1026. Do Pass.
HB 1003. Do Pass.
Respectfully submitted, Adams of Evans,
Chairman.

Mr. Hollis of Muscogee County, Chairman of the Committee on General Judiciary #2, submitted the following report:
Mr. Speaker: Your Committee on General Judiciary #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 275. Do Pass. SB 318. Do Pass. SB 284. Do Pass.
Respectfully submitted, Hollis of Muscogee, Chairman.
Mr. M. Smith of Fulton County, Chairman of the Committee on Insurance, submitted the following report: Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 336. Do Pass, as Amended. Respectfully submitted,
M. Smith of Fulton,
Chairman.
Mr. Gillis of Treutlen County, Chairman of the Committee on Motor Vehicles, submitted the following report: Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the follow-

WEDNESDAY, FEBRUARY 6, 1952

1555

ing Bills of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 286. Do Pass. SB 299. Do Not Pass.
Respectfully submitted, Gillis of Treutlen, Chairman.

Mr. Barber of Colquitt 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 Bill of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:
HB 1032. Do Pass, as Amended.
Respectfully submitted,
Barber of Colquitt,
Chairman.

Mr. Barber of Colquitt 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:
HB 825. Do Pass, by Substitute. HB 994. Do Pass, as Amended. HB 926. Do Pass. HB 1010. Do Pass. HB 1011. Do Pass. HB 1014. Do Pass. HB 1022. Do Pass. SB 304. Do Pass. SB 310. Do Pass. SB 311. Do Pass. SB 326'. Do Pass. SB 355. Do Pass. SB 364. Do Pass.

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JOURNAL OF THE HOUSE,

HB 1025. Do Pass. HB 1031. Do Pass. SB 274. Do Pass.

Respectfully submitted, Barber of Colquitt, Chairman.

Mr. Waldrop of Douglas County, Vice Chairman of the Committee on Privileges and Elections, submitted the following report:
Mr. Speaker:
Your Committee on Privileges and Elections has had under consideration the following Bill of the Senate and has instructed me as Vice Chairman, to report the same back to the House with the following recommendations:
SB 279. Do Pass.
Respectfully submitted,
Waldrop of Douglas,
Vice-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 Resolution of the House and has instructed me as Chairman, to report the same back to the House with the following recommendations:

HR 274-984a. Do Pass.

Respectfully submitted, McCracken of Jefferson,

Mr. Ray of Warren 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 252. Do Pass.
SB 240. Do Pass.
Respectfully submitted,
Ray of Warren,
Chairman.

WEDNESDAY, FEBRUARY 6, 1952

1557

Mr. Freeman of Monroe, Leach of Rockdale, and Nightingale of Glynn County, Special Committee on Local Constitutional Amendment Resolutions, submitted the following report:
Mr. Speaker:
Your Committee on Local Constitutional Amendments has had under consideration the following Resolutions of the House and Senate, report the same back to the House with the following recommendations:

The following Resolutions are of local application only, as indicated: HR 115-549b. (Appling County). HR 180-755g. (Muscogee County and Columbus). HR 182-755i. (Chatham County). HR 201-810n. (Rockdale County). HR 215-830f. As Amended (Carroll County). HR 217-830h. (Bibb County and Macon). HR 220-861a. (Effingham County). HR 229-882c. (Glynn County). HR 233-908b. (Brantley County). HR 235-908d. (Wilcox County). HR 240-908i. (Polk County and Cedartown). HR 244-927d. (Bleckley County and Cochran). HR 259-943a. As Amended (Spalding County and Griffin) HR 276-990a. (Richmond County and Augusta). HR 280-997b. (Glynn County). HR 281-997c. (Fannin County). HR 282-997d. (Dodge County). SR 82. (Cobb County). SR 83. (Cobb County). SR 84. (Troup County). SR 85. (Fulton County). SR 254. (Richmond County and Augusta).
Respectfully submitted, Nightingale of Glynn, Freeman of Monroe, Leach of Rockdale, Chairman.

1558

JOURNAL OF THE HOUSE,

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

HB 900. By Mr. Baughman of Early:
A bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Early, to prescribe their powers, duties, qualifications, and compensation; and for other purposes.

HB 929. By Messrs. White and Kelly of Gwinnett:
A bill to amend an Act of the General Assembly, approved Aug. 20, 1906, and all Acts amendatory thereof, establishing the City Court of Buford; and for other purposes.

HB 940. By Mr. Sheffield of Brooks:
A bill to abolish the office of Tax Receiver and Tax Collector of Brooks County, Georgia; to create the office of County Tax Commissioner of Brooks County, Georgia; and for other purposes.

HR 120. By Messrs. Covington of Floyd, Cornelius of Polk, and others:
A resolution that the State Highway Department and the proper officials of the United States Government be requested to designate that part of the U. S. Highway No. 127, which is located in Georgia, as the "Martha Berry Highway".

HR 203. By Mr. Boone of Wilkinson:
A resolution that the road laid from the Health Center in the City of Irwinton to Wriley, Georgia, be named and designated as the "Jack Brown Road."

HR 205. By Mr. Boone of Wilkinson:
A resolution that the new bridge across Commissioner Creek be designated as the "Boone Bridge" in memory and in honor of Jacob Boone and Sallie Franklin Boone.
HR 206. By Mr. Boone of Wilkinson:
A resolution that the new bridge over Turkey Creek, near Allentown, Georgia, be named and designated as the "Brack Bridge" in memory and in honor of Georgia Washington Brack and Ethel Ellington Brack.
SB 371. By Senators Dunn of the 8th, and Rawls of the lOth:
A bill to provide that actions upon contracts of lease, bailment or renting of personal property, where a percentage of proceeds is involved, shall be brought within two years after the right of action accrues; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 6, 1952

1559

SB 339. By Senator Carlisle of the 7th:
A bill providing that all fees received by the Clerk of the Court of Appeals of Georgia shall be the property of the State and paid to the State Treasurer, that all Law Assistants shall be licensed to practice law in this State; and fixing the salary of the Clerk, Deputy Clerk, Sheriff and Law Assistants of said Court, and for other purposes.

SR 109. By Senator Moate of the 20th, Davis of the 51st, Farrar of the 42nd, Ellard of the 31st, and others:
A resolution calling on the Henry Grady Hotel to give priority to members of the Legislature making reservations in the future; and for other purposes.

SR 78.

By Senator Williams of the 19th:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section III, Paragraph I of the Constitution of Georgia, relating to the State School Superintendent, so as to provide that the Superintendent shall appoint the personnel necessary for the operation of the State Department of Education; to provide for the submission of this amendment to the voters for ratification or rejection; and for other purposes.

SR 108. By Senator Farrar of the 42nd:
A resolution proposing that the State Commander of Veterans of Foreign Wars be issued a license plate for his official private passenger car, with the words and letters "Commander V. F. W." inscribed thereon; and for other purposes.

SB 343. By Senator Millican of the 52nd and Senator Rawls of the lOth:
A bill to fix the compensation of the Reporter of the Supreme Court and Court of Appeals; and for other purposes.
SB 358. By Senators Ellard of the 31st and Akins of the 40th:
A bill to amend an Act, so as to authorize the Governor to appoint one or more persons as special officers for the protection of the real and personal property included within such State parks; to authorize said appointed officers to make arrests in certain cases; to repeal conflicting laws; and for other purposes.
HB 509. By Messrs. Hollis of Muscogee, Ray of Warren, and others:
A bill to provide a uniform system for the registration of marriages, divorces, annulments of marriage; to repeal all laws and parts of laws in conflict with this Act; and for other purposes.
HB 779. By Messrs. Beasley of Mcintosh, Smiley of Liberty, and others:
A bill to prohibit the killing of mink or otter by any kind Qf firearm; to make unlawful the possession or the offer for sale of mink or otter pelts killed by firearms; to provide for penalty thereof; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 347. By Senator Carlisle of the 7th and Connell of the 6th:
A bill to fix the salaries of the following employeees of the Supreme Court of Georgia, namely; The Clerk, the Deputy Clerk, the Sheriff, and the Law Assistants; to provide that, from and after the passage and approval of this Act, all fees coming to the Clerk of the Supreme Court shall be the property of the State and the same shall be paid into the State Treasury; to provide that all laws or parts of laws in conflict with this Act be repealed; and for other purposes.
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:

HB 925. By Messrs. Gowen and Nightingale of Glynn:
A bill to amend an Act approved March 9, 1943 (Ga. Laws 1943, p. 702), creating the City Court of Brunswick, and all Acts amendatory thereof, so as to provide for the creation of Solicitor Emeritus of said Court; and for other purposes.

HB 93.

By Mr. Alverson of Fulton:
A bill permitting the use of voting machines for casting, registering and recording and computing ballots or votes, provided the use of such machines is desired by the County Commissioners in the several counties and provided further that the same is approved by the people in said counties; and for other purposes.

HB 761. By Messrs. Lavender of Elbert, Matthews of Clarke, and others:
A bill to authorize and empower the Director of the State Game and Fish Commission to make and enter into agreements with the proper authorities of the respective states adjoining this State whe:r:eby a valid fishing license issued by the State will be acceepted and honored, and for other purposes.

HB 781. By Mr. Beasley of Mcintosh:
A bill to regulate the use of nets for a certain period in dragging for shrimp in Georgia waters; to provide for penalty; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 375. By Senator Farrar of the 42nd:
A bill to repeal an Act approved Jan. 31, 1951 (Ga. Laws 1951, p. 2040), which Act established a City Court :or Chattooga County, provided rules and regulations for said court, and provided for selection of officials for such court; to repeal conflicting laws, and for other purposes.

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1561

SB 377. By Senator Farrar of the 42nd:
A bill to give the Ordinary of Chattooga County compensation in addition to the fees which he now receives; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill of the House to wit:

HB 636. By Mr. Gowen of Glynn:
A bill to amend an Act known as the "Municipal Home Rule Law", approved Feb. 13, 1951 (Ga. Laws 1951, page 116), so as to make certain changes with regard to the voters voting in elections under the Act; to make certain changes in the provisions regarding Annexation of territory; and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following resolution of the Senate to wit:

SR 105. By Senator Pittman of the 53rd:
A Resolution that the State Personnel or Merit Board be hereby directed to fix current scale of compensation for all employees under the State Merit System on the same basis as employees are paid in private industry or other comparable work; and for other purposes.

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

HR 288-1016a. By Messrs. Smith and Edenfield of Emanuel:
A resolution requesting the state librarian to furnish certain law books to Emanuel County, and for other purposes.

HB 825. By Messrs. Rollins and Biggers of Meriwether: A bill to be entitled an Act to amend an Act so as to re-define the corporate limits of the City of Manchester, and for other purposes.
HB 896. By Mr. Green of Cherokee: A bill to be entitled an Act place the sheriff and other county officers of Cherokee County on a salary basis, and for other purposes.
HB 903. By Messrs. Pittard and Matthews of Clarke: A bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Clarke County into the office of tax commissioner, and for other purposes.
HB 994. By Messrs. Alverson, M. Smith, and H. Smith of Fulton: A bill to be entitled an Act to amend an Act so as to extend the

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corporate limits of the City of Mountain Park, and for other purposes.

HB 1008. By Mr. Green of Cherokee:
A bill to be entitled an Act to amend an Act so as to provide for fixing the salary of the Clerk of the Commissoiners of Roads and Revenues of Cherokee County, and for other purposes.

HB 1009. By Mr. Green of Cherokee:
A bill to be entitled an Act to amend an Act so as to change the compensation of the Commissioner of Roads and Revenues of Cherokee County, and for other purposes.

HB 1010. By Mr. Griffith of Putnam:
A bill to be entitled an Act to amend an Act so as to provide for compensation for the Mayor of the City of Eatonton, and for other purposes.

HB 1011. By Messrs. Duncan and Perkins of Carroll:
A bill to be entitled an Act to amend an Act so as to change the date for holding elections in the City of Villa Rica, and for other purposes.

HB 1012. By Messrs. Bell, Graham, and Holley of Richmond:
A bill to be entitled an Act to amend an Act so as to provide for the advertising of bids by the Board of Education of Richmond County on all purchases in excess of $1,000.00., and for other purposes.

HB 1013. By Messrs. Duncan and Perkins of Carroll:
A bill to be entitled an Act requiring all candidates for the General Assembly in Carroll County to qualify for certain seats in the General Assembly, and for other purposes.

HB 1014. By Messrs. Langdale and Register of Lowndes:
A bill to be entitled an Act to amend an Act creating a system of retirement payments for certain employees of the City of Valdosta, and for other purposes.

HB 1016. By Mr. Kemp of Clayton:
A bill to be entitled an Act to amend an Act so as to change certain officers of Clayton County to a salary basis, and for other purposes.

HB 1017. By Mr. Sivell of Harris:
A bill to be entitled an Act to amend an Act so as to fix the compensation of the members of the Board of Commissioners of Roads and Revenues of Harris County, and for other purposes.

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1563

HB 1022. By Messrs. Mackay and McWhorter of DeKalb:
A bill to be entitled an Act to amend an Act so as to prescribe qualifications of the Mayor of the City of Chamblee, and for other purposes.

HB 1025. By Mr. Brooks of Oglethorpe:
A bill to be entitled an Act to amend an Act so as to authorize the mayor and council of the City of Crawford to pave streets, and for other purposes.

HB 1027. By Messrs. Bell, Holley, and Graham of Richmond:
A bill to be entitled an Act to provide that certain counties may designate a fiscal year, and for other purposes.

HB 1029. By Mr. McGee of Chatham:
A bill to be entitled an Act providing for a new registration of the qualified voters of Chatham County, and for other purposes.

HB 1030. By Messrs. Bell, Mackay, and McWhorter of DeKalb:
A bill to be entitled an Act to amend an Act so as to provide the method of holding hearings on recommendations of the Planning Commission of DeKalb County, and for other purposes.

HB 1031. By Messrs. Bell, Holley, and Graham of Richmond:
A bill to be entitled an Act to amend an Act so as to abolish the Board of Civil Service Commission of Augusta, and for other purposes.

HB 1003. By Mr. Kidd of Baldwin:
A bill to be entitled an Act to require a drivers' training course in public schools, and for other purposes.

HB 1026. By Mr. Barrett of Pike:
1".. bill to be entitled an Act to provide a tenure system for teachers in the public schools, and for other purposes.

HB 1032. By Messrs. Bell, Holley, and Graham of Richmond:
A bill to be entitled an Act to amend an Act so as to create a Civil Service Commission for the City of Augusta, and for other purposes.

HR 274-984a. By Mr. Kidd of Baldwin:
A resolution authorizing the transfer of certain property from the military department to the department of education, and for other purposes.

SB 240. By Senators Peterson of the 16th, Grayson of the 1st, and others: A bill to be entitled an Act to amend Section 92-3301 of the 1933

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Code of Georgia relating to income taxes imposed on trusts, and for other purposes.

SB 252. By Senators Rawls of the lOth, and Lancaster of the 28th:
A bill to be entitled an Act to amend an Act so as to provide that the fuel used in aircraft shall not be subject to the motor fuel tax, and for other purposes.

SB 253. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act creating the Georgia Historical Commission, and for other purposes.

SB 274. By Senator Grayson of the 1st:
A bill to be entitled an Act to amend an Act so as to authorize the City of Savannah to deed certain property to the Savannah Machine and Foundry Company, and for other purposes.

SB 279. By Senator Ellard of the 31st:
A bill to be entitled an Act to amend the 1933 Code of Georgia so as to provide that managers and clerks of elections shall receive not less than $5.00 per day, and for other purposes.

SB 284. By Senators Willingham of the 39th, Connell of the 6th, and others:
A bill to be entitled an Act to authorize employees of the Court of Appeals to become members of the Employees Retirement System, and for other purposes.

SB 286'. By Senators Duncan of the 34th and Wilson of the 23rd:
A bill to be entitled an Act to amend an Act so as to provide the height of the truck body used in transporting bricks, and for other purposes.

SB 304. By Senator Rawls of the lOth:
A bill to be entitled an Act to authorize any City to permit commercial advertising on parking meters, and for other purposes.

SB 310. By Senator Grayson of the 1st:
A bill to be entitled an Act to amend an Act so as to provide for the office of Chief Judge of the Municipal Court of Savannah, and for other purposes.

SB 311. By Senator Grayson of the 1st:
A bill to he entitled an Act to amend an Act by prescribing the qualifications of the Judge of the City Court of Savannah, and for other purposes.

WEDNESDAY, FEBRUARY 6, 1952

1565

SB 318. By Senator Connell of the 6th:
A bill to be entitled an Act to provide that a decedent's representative may bring cause or causes of action on matters not pending at the time of such decedent's death, and for other purposes.

SB 326. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide pensions to general of officers of certain cities, and for other purposes.

SB 336. By Senator Trotter of the 37th:
A bill to be entitled an Act to provide for licensing of domestic and foreign insurance companies, and for other purposes.

SB 355. By Senator Willingham of the 39th:
A bill to be entitled an Act to authorize the City of Marietta to collect fees for sewer services, and for other purposes.

SB 364. By Senator Williams of the 19th:
A bill to be entitled an Act to amend an Act so as to fix the salary of the mayor of the City of Crawfordville, and for other purposes.

By unanimous consent, the following bills of the House and Senate were taken up for consideration and read the third time:

HB 898. By Messrs. Covington, Scoggin, and Hall of Floyd:
A bill to be entitled an Act to amend an Act establishing a city court in the County of Floyd, and for other purposes.

The following substitute was read and adopted:

AN ACT
To amend an Act entitled "An Act to establish a City Court in the County of Floyd", approved September 27, 1883, (Ga. Laws 1882-3, page 535), and all Acts amendatory thereof including especially the following, to wit: Act of 1906, approved August 21st, 1906 (Ga. Laws 1906, page 248); Act of 1908, approved August 17th, 1908, (Ga. Laws 1908, page 144); Act of 1910, approved August 3rd, 1910, (Ga. Laws 1910, page 176); Act of 1921 approved August 1st, 1921, (Ga. Laws 1921, page 347), Act of 1950, approved February 8th, 1950, (Ga. Laws 1950, page 2276); and Act of 1951, approved February 21st, 1951, (Ga. Laws 1951, page 2822); so as to provide among other things:-
How written demands for the trial of cases in said court shall be made;
That in all cases, civil and criminal, in said court in which written demands are made for trial by a jury the same shall be tried by a jury of five jurors; and the manner of drawing, the number of, and empanel-

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ling jurors in said court and how the parties shall strike therefrom in the trial of cases;
That there shall be monthly terms of said court;
The time for filing plaintiff's original petition and time for service of process in said court; and for pleading and practice in said court;
That the office of Solicitor of said Court shall be abolished and that the Solicitor-General of the Rome Judicial Circuit shall be exofficio Solicitor of said City Court and fix his compensation;
To fix the salary of the judge of said court;
To fix the effective date of this Act;
That this Act shall not apply to cases pending in said court on the effective date thereof;
That should one or more of the provisions of this Act be held unconstitutional or invalid for any reason the same shall not invalidate the whole or any other provision of this Act;
That all laws and parts of laws in conflict with this Act are repealed; and
For other purposes:
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows:
Section 1.
That section nine of said Act approved September 27th, 1883, establishing a City Court in the County of Floyd be amended by inserting in the third line of said section and between the words "the" and "defendent" the words "State or", and by inserting in the fifth line of said section between the words "demand" and "at" the following,-"in criminal cases and other cases not originating by petition", and by adding at the end of said section the following,-"In all civil cases originating by petition written demand for trial by jury shall be made in or attached to the parties' initial pleadings filed in the case, demurrers and other pleadings raising issues of law excepted, and the clerk of said court shall enter opposite the case on the issue docket the fact that such demand has been made", so that said section as amended will read as follows:
"Be it further enacted, That the trial of all issues of fact in said court shall be by the court, without a jury, except where either party in a civil case, or the State or defendant in a criminal case, shall, in writing, demand a trial by jury. A failure to file such demand in criminal cases and other cases not originating by petition at or before the beginning of the trial shall be a waiver of said right. In all civil cases originating by petition written demand for trial by jury shall be made in or attached to the parties' initial pleadings filed in the case, demurrers and other pleadings raising issued of law excepted, and that the clerk of said court shall enter opposite the case on the issue docket the fact that such demand has been made."

WEDNESDAY, FEBRUARY 6, 1952

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Section 2.
That section four of said Act approved August 21st, 1906, being an Act entitled "An Act to amend an Act entitled "An Act creating the city court of Floyd County", approved September 27, 1883, and the three Acts amendatory of said Act, approved respectively October 24, 1887, October 29, 1889, and August 23, 1905, as follows:
(1) By increasing the qualifications and compensations of the Judge of said court, and disqualifying him from practicing law; and providing for the election of the judge of said court by the qualified voters of the County of Floyd.
(2) By making it unlawful for said judge to receive directly or indirectly, for himself or his family, from any railroad, telephone, telegraph, or express company, any free pass or other favor not enjoyed by the general public, and to provide a penalty therefor.
(3) By providing for the same number of jurors for the trial of cases in said court, and for the same system of drawing, empaneling and striking jurors, and for the same compensation to them as are now provided as to trial jurors in the superior court.
(4) By changing the practice in said court so as to make all civil cases triable at the first or second term under the same rule as like cases are made triable in the superior courts.
(5) By making the practice in motions for new trial in said court the same as that in the superior courts.
(6) By providing for the review of the rulings, orders, and judgments of said court by bill of exceptions and writ of error to the Supreme Court in the same manner as like rulings, orders and judgments of the superior court are reviewed, be amended by striking therefrom all of said section following the word "wit" in the sixth line of said section; that section one of said Act approved August 3rd, 1910, being an Act entitled "An Act to amend an Act entitled 'An Act creating the City Court of Floyd County' approved September 27, 1883, and the four Acts amendatory of said Act, approved respectively October 24, 1887, October 29, 1889, August 23, 1905, and August 21, 1906, so as to provide the mode and manner in which jurors shall be drawn to serve in said Court, and for other purposes," be and the same is hereby repealed; that section one of said Act approved August 1st, 1921, being an Act entitled "An Act to amend an Act approved August 21st, 1906, entitled 'An Act to amend an Act entitled an Act creating the City Court of Floyd County, approved September 27, 1883, and three Acts amendatory of said Act, approved, respectively, October 24, 1887, October 29, 1889, and August 23, 1905, 'by striking out the word 'Thirty' which occurs between the word 'Than' and the word 'Names' in the twenty-first line of the Fourth Section of said Act and inserting in lieu thereof the words 'Thirty-six,'" be and the same is hereby repealed; and there is hereby enacted in lieu of said stricken and repealed parts of said Acts of 1906, 1910, and 1921, the following;
"The trial of issues of facts in all cases in said court, when a trial by jury is demanded in writing, shall be by a jury of five jurors. In civil cases wherein a trial is to be had by a jury the clerk of said court

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shall, from the petit jurors draw, make up a panel of nine jurors and the parties shall strike from said panel alternately until there shall be five jurors left, which shall constitute the jury to try the case, the plaintiff to have the first strike. In criminal cases wherein a trial is to be had by a jury said clerk shall, from the petit jurors drawn, make up a panel of ten jurors from which the parties shall strike alternately, the defendant to have first strike and the right to challenge three jurors preemptorily and the state two, thus leaving five jurors, which shall constitute the jury to try the case.
"Jurors for said City Court shall be procured as follows:
"The c;erk of the Superior Court of Floyd County shall deliver to the judge of said City Court, the traverse jury box of the Superior Court, and the judge of the said City Court, under the same rules as are provided for the Superior Court, shall draw from said box for each week of each regular quarterly term when juries may be needed not more than fifteen names of jurors, and whenever jurors shall have been drawn as herein provided, said judge shall then seal and certify said jury box, as is done by the Judge of the Superior Court. At the opening of each week of the quarterly terms of said Court, from the persons so drawn, said Judge of said City Court shall empanel three panels of five jurors each, for service during said week. Said jurors shall be summoned by the sheriff of said county or his deputy, and for their service shall receive the same compensation per diem as is paid during that year to jurors in the Superior Court. Whenever it may be necessary to provide jurors for any special or adjourned term, or to provide tales jurors for any reason in said City Court, the Judge thereof may provide such jurors under the same rules as are now or may hereafter be provided in the Superior Courts. If at any time additional jurors may be needed in said City Court, said Judge shall have authority to empanel the same in like manner as the same may be done in the Superior Court."
Section 3.
That section seven of said Act approved September 27th, 1883, which provides for the terms of said City Court, be and the same is hereby repealed and there is hereby enacted in lieu thereof the following:
"Said City Court shall hold twelve terms a year, beginning on the first Monday in each month. The terms of the months of March, June, September, and December shall be known as quarterly terms, at which juries shall be drawn and summoned for the trial of cases in said court. The jurisdiction and powers, of the court shall be the same at all terms."
Section 4.
That section one of said Act approved February 8th, 1950, being an Act entitled "An Act to amend an Act entitled 'An Act to establish a City Court in the County of Floyd,' approved September 27th, 1883, as amended, making the rules of procedure, pleading and practice in civil actions and civil proceedings in the courts of this State, as ratified and confirmed by a resolution of the General Assembly of Georgia, approved February 1st, 1946, (Georgia Laws 1946', pages 761 et seq.), as amended or as they may hereafter be amended, applicable to said city court; and to fix the costs in suits or actions ex contractu ir.volving

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$400.00 principal or less, and in suits ex delicto when the value of the property sued for is said amount or less; to provide a salary for the judge of said court, terms of office of said Judge, and for the election of said Judge; to fix the date this Act shall go into effect; and for other purposes;-", be and the same is repealed and there is hereby enacted in lieu thereof the following:
"In ordinary civil cases begun by petition plaintiff's original petition shall be filed in the clerk's office at least fifteen days before the term of said court to which it is returnable. Service of process shall be made ten days before the term to which the case is made returnable, however, should service not be thus made no case shall abate for lack of service until so ordered by the Judge of said court, and should service of process be made within said ten days or at or after the return term of said court said case shall be held and considered returnable to the next succeeding term after service of process which convenes ten days after such service.
"In an ordinary civil case in which the defendant has not filed his defensive pleadings on or before the third Monday of the term to which the case is returnable the same shall be considered "in default" without any entry thereof, and at any time within fifteen days thereafter, upon the payment of all costs which shall have accrued in said case, said default shall be considered as opened without any order therefore being entered, and defendant shall thereupon file his defensive pleadings. The judge of said court may, in his discretion and for cause shown, allow additional time, not exceeding fifteen days, within which a defendant in a civil case may file his defensive pleadings, and if additional time is granted for this purpose said Judge shall enter this fact on the civil or issue dccket opposite the case as the same appears docketed in said court, and should defendant not file his defensive pleadings within the time allowed the case shall be considered in default without any entry thereof. In any civil case in default in which the default has not been opened and defensive pleadings filed as herein provided plaintiff may thereupon enter a final judgment in said case, which final judgment the judge of said court may, in his discretion, on payment of all accrued ccsts, vacate and set aside for proverditental cause preventing the filing of defensive pleadings by defendant, or for excusable neglect, or where said Judge, from all the facts, shall determine that a proper case has been made for said final judgment to be vacated and set aside, and upon said final judgment being vacated and set aside the case shall stand for trial immediately should plaintiff announce ready to proceed with the trial thereof. A motion to vacate and set aside a final judgment under this section shall be filed within thirty days after the rendition of said final judgment and a hearing thereon shall be held as soon as practical, of which hearing plaintiff shall have at least five days notice."
Section 5.
That sections two and three of said Act approved August 17th, 1908, being an Act entitled "An Act to amend an Act entitled 'An Act creating the city court of Floyd County,' approved September 27th, 1883, and the four Acts amendatory of said Act, approved respectively October 24, 1887, October 29, 1889, August 23, 1905, and August 21, 1906, as foHows:
(1) By providing for a solicitor of said Floyd County city court,

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prescribing his qualifications, providing for his election, fixing his term of office, fixing his compensation, and for other purposes.", be and the same are repealed, and there is hereby enacted in lieu thereof the following:
"The office of Solicitor of said City Court is abolished to be effective after December 31st. 1952, and on and after January 1st, 1953, the solicitor-general of the Rome Judicial Circuit shall be exofficio the solicitor of said City Court, and as such shall represent the State in all cases in said City Court in which the State shall be a party, and shall perform therein all other duties as usually appertain to this office. For his services he shall receive the same fees that are provided by law for similar services in the Superior Court."
Section 6.
That section one of said Act approved February 21st, 1951, entitled "An Act to amend An Act entitled 'An Act to establish a City Court of Floyd County' approved September 27, 1883, and as amended by an Act approved January 31, 1946. To provide the salary of the judge of the city court; to fix the date of beginning and expiration of the term; and for other purposes.", be and the same is amended by striking therefrom the words and figures, "at least $400.00" and inserting in lieu thereof the figures "$500.00", and also by striking from said section the clause beginning with, "and an additional sum of $100.00" to the end of said section, so that said section as amended will read as follows:
"That Section 3 of said Act, approved January 31, 1946, which Act provides as follows: "That from and after the 1st day of October, 1947, the salary of the Judge of the City Court of Floyd County shall be $400.00 per month in lieu of $250.00 per month as provided now in the Act of September 27, 1883, as amended,' be repealed in its entirety and substituting in lieu thereof, the following section amendatory of said Act:
"That from and after the passage of this Act, the salary of the Judge of the City Court of Floyd County, Georgia, shall be $500.00 per month."
Notice of Local Legislation
Notice is given of intention to apply for local legislation at the meeting of the General Assembly of Georgia, which convenes in January 1952, amending the Act to establish a City Court in the County of Floyd, approved September 27th, 1883 (Georgia Laws 1882-83, page 535), and all acts amendatory thereof.
G. L. Sullivan, Mack G. Hicks, Leon Covington,
Committee from Rome, Ga. Bar Association.
State of Georgia, County of Floyd.
Personally appeared before the undersigned official authorized to administer oaths, Dean Covington, who on oath states that he is a Member of the General Assembly of Georgia from Floyd County, and is the author of the local bill to which this affidavit is attached; and

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that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News Tribune, the newspaper in which the sheriff's advertisement, for the locality affected by said bill, are published, once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly; and that the above and foregoing on this sheet contained is a true and correct copy of said notice as published in said paper, the same, together with this affidavit being made a part of said bill; and that said notice was published as provided by law.
I sf Dean Covington.
Sworn to and subscribed before me this 24th day of January, 1952.
Is/ Robert L. Scoggin, Notary Public.
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.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 986. By Messrs. Vandiver, Wood, and Clay of Bibb:
A bill to be entitled an Act to amend an Act creating a pension fund for employees of Bibb County, and for other purposes.
The following amendment was read and adopted:
Messrs. Vandiver, Clay, and Wood of Bibb, move to strike Sections 1 and 4
in their entirety.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 997. By Messrs. Smith and Edenfield of Emanuel:
A bill to be entitled an Act to amend an Act so as to supplement the compensation of the tax commissioner of Emanuel County for his use in employing a clerk, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1002. By Messrs. Bolton and Harper of Spalding:
A bill to be entitled an Act to repeal an Act so as to provide for the compensation of members of the board of education in certain 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1007. By Messrs. Perkins and Duncan of Carroll:
A bill to be entitled an Act to amend an Act so as to change the hours for holding elections in certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 270. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide for the appointment of a chief deputy tax commissioner in certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 327. By Senator Millican of the 52nd: A bill to be entitled an Act to provide pensions for members of police departments in certain cities, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 338. By Senator Mashburn of the 33rd:
A bill to be entitled an Act to amend an Act so as to change the salaries of the members of the board of commissioners of roads and revenues of Forsyth County, and for other purposes.
The following amendment, was read and adopted:
Mr. Otwell of Forsyth moves to amend SB 338 by: Inserting in the caption thereof after the word "duties" and before the word "by" the words "by providing for the election of the Chairman of the Board by the people."
And by: Inserting in the caption thereof before the words "to repeal conflicting laws;" the words "to provide an effective date;".
And by: Adding a new Section thereto to be numbered Section 2 and to read as follows: "Section 2. Section 1 of said Act is amended by striking said Section in its entirety and substituting in lieu thereof a new Section 1 to read

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as follows:
"Section 1. BE IT ENACTED by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Forsyth, Georgia, is hereby created. Said Board shall consist of the office of Chairman of said Board and two other members. The Chairman of said Board shall be elected to said office as other county officers are elected and shall offer and qualify for said office of Chairman in a lawful election held for said office. The other two members or officers of said Board shall be filled from those duly qualified and elected persons receiving the highest and next highest number of votes in a lawful election held to fill said positions. Provided, however, that an unsuccessful candidate for Chairman shall not be eligible for either position of the other two offices or memberships on the Board, notwithstanding the fact that such candidate may have received the highest or next highest vote cast in said election or elections. The membership of said Board must be qualified voters of said County, and whose further qualifications and method of election, except as otherwise herein provided, shall be the same as now provided for other County officers."
And by: Adding a new Section to said SB 338 to be numbered Section 4 and to read as follows:
"Section 4. Section 10 of said Act relating to the elections of the Chairman and Clerk of said Board by the membership of the Board is hereby repealed in its entirety and a new Section 10 inserted in lieu thereof to read as follows:
"Section 10. Said Board of Commissioners hereinafter elected shall, at their first meeting, elect their Clerk."
And by: Adding a new Section to said SB 338 to be numbered Section 5 and to read as follows:
"Section 5. This Act shall become effective January 1, 1953, provided, however, the Board of Commissioners to take office on that date shall be elected in accordance with the provisions of this Act."
Renumbering the Section numbers of said SB 338 accordingly.
The report of the Committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 340. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act establishing a municipal court of the City of Atlanta, and for other purposes.

The following Committee substitute was read and adopted:
An Act to amend an Act approved August 20, 1913 (Georgia Laws 1913, pages 145-177 inclusive) establishing a Municipal Court of the City of Atlanta per authority of the amendment to Paragraph

l574

JOURNAL OF THE HOUSE,
1 of Section 7 of A1ticle 6 of the Constitution of the State of Georgia ratified October 2, 1912, relating to the abolition of Justice Courts and the office of Justice of the Peace and of Notary Public ex-officio Justice of the Peace in the City of Atlanta, and all acts amendatory thereto, by repealing Section Forty-Four (44) of the said Act providing for a cost deposit in the sum of Two ($2.00) Dollars to be paid to the Clerk by the party filing or commencing any proceeding in the said Court, and further providing for a pauper's affidavit in lieu of said deposit and for the recovery back of said deposit under certain conditions; and inserting in lieu thereof a new section to be known as Section Forty-Four (44) which shall provide for a cost deposit in the sum of Three ($3.00) Dollars to be paid to the Clerk by the party filing or commencing any proceeding in the said Court, providing for a pauper's affidavit in lieu of said deposit, providing for the recovery back of the said deposit under ce1tain conditions, and providing for the payment of a subsidy for the publication of the calendars of the said Court payable by the Commissioners of Roads and Revenues of Fulton County to the newspaper publishing legal notices for the Sheriff of Fulton County in the sum of Three Hundred Fifty ($350.00) Dollars per week for each week during which the said newspaper publishes the calendars of the said Court; and by repealing Section Forty-Nine (49) of the said Act which provides for the costs which shall be charged and collected by the Clerk and Marshal of said Court for their various respective functions, and inserting in lieu thereof a new section, to be known as Section Forty-Nine ( 49), which shall provide for a uniform costs bill and for other purposes.
Be it and it is hereby enacted by the General Assembly of Georgia:
Section 1. That Section Forty-Four (44) of the Act approved August 20, 1913 (Georgia Laws 1913, pages 145-177 inclusive), as amended, providing for a cost deposit in the sum of Two ($2.00) Dollars, pauper's affidavit in lieu of said deposit, and recovery back of said deposit under certain conditions, be and the same is hereby repealed and stricken in its entirety, and a new section inserted in lieu thereof, to be known as Section Forty-Four (44), which shall become effective March 1, 1952, and to read as follows:
"Section 44. Be it further enacted by the authority aforesaid: That each party filing a suit or proceeding of any character in the Civil Court of Fulton County shall deposit with the Clerk of said Court at the time of filing or commencing such proceeding the sum of Three ($3.00) Dollars as costs of suit; provided, however, that such deposit shall not be required by any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, that if the party making such deposit finally prevails in such proceeding, the amount of deposit shall be taxed as part of the costs against the losing party, and, if recovered, shall be refunded to the party depositing the same, after all costs have been paid. And that, upon the tenth day of each succeeding month, the Board of Commissioners of Roads and Revenues of Fulton County shall pay over unto the publisher of the newspaper which publishes legal notices for the Sheriff of Fulton County a publication subsidy in the sum of Three Hundred Fifty ($350.00) Dollars per week for each week in which the said newspaper published the calendars of the said Court during the preceding month, as compensation

WEDNESDAY, FEBRUARY 6, 1952

1575

for the printing and publication of the said calendars."

Section 2. That Section Forty-Nine (49) of the Act approved August 20, 1913 (Georgia Laws 1913, pages 145-177 inclusive), as amended, providing for a uniform costs bill, be and the same is hereby repealed and stricken in its entirety and a new section inserted
in lieu thereof, to be known as Section Forty-Nine (49), which shall become effective March 1, 1952, and to read as follows:

"Section 49. Be it further enacted by the authority aforesaid, that costs shall be charged and collected by the Clerk and Marshal of said Court as follows:

CLERK

For filing each suit, petition, plea, answer, amendment, demurrer, appearance card, demand for jury trial,
counter-affidavit, etc., in any case ____________________________ $ 1.00

For docketing each new case-----------------------------------------------For docketing each motion, ancillary petition, garnishment,
rule nisi, traverse or counter affidavit in a pending

1.50

case ---------------------------------------------------------------------------------For issuing process, summons or scire facias, each de-
fendant ---------------------------------------------------------------------------For preparing copy of suit for service, each defendant________ For second originals, each______________________________________________________
For each verdict rendered and docketing same__________________ For each judgment rendered and docketing same________________ For entering verdict and/ or judgment on minutes, where
required ----------------------------------------------------------------------For attending court in each case tried____________________________________
For entering orders of court on docket---------------------------------For affidavit to obtain attachment, garnishment or sum-
mary process -----------------------------------------------------------------For taking and approving bond in any civil c2se, including
attachment and garnishment cases________________________________
For issuing attachments, foreclosures or other summary
process ---------------------------------------------------------------------------For each release of garnishment________________________________________ For issuing witness subpoenas, each______________________________________ For issuing subpoenas duces tecum, each____________________________ For entering any case on consent docket______________________________ For each case settled or dismissed before triaL__________________ For affidavit to obtain alias fi. fa.________________________________________
For furnishing and certifying any process or order for

1.00
1.00 1.00 1.50
.50 2.00
.50 1.00 1.00
1.00
1.00
1.00 .50 .20 .50
1.00 1.00
.50

publication ---------------------------------------------------------------------- 1.00 For issuing commission to take interrogatories__________________ 1.00

PROVIDED, HOWEVER, where the amount involved is $100.00 or less, except in dispossessory warrant cases, the Clerk will be authorized to charge only one-half of the above listed amounts for the service indicated.
For answering each writ of certiorari____________________________________ For filing and docketing each appeal to the appellate
Division, including filing all briefs________________________________ For entering judgment or remittitur from Court of Appeals
or Supreme Court----------------------------------------------------------

3.00 3.00 3.00

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JOURNAL OF THE HOUSE,

For filing and docketing each bi~l of exceptions or writ of
error --- For exemplification of records, per hundred words............ For affidavit where no cause is pending, each.................... For witnessing any paper.................................................... For issuing each fi. fa........................................................... For certificate and seal of court, each..................................

1.00 .15 .50 .50 .50
1.00

MARSHAL

For serving each process, summons, civil warrant or traverse (where formal entry of service is required), including entry of service..............................................
For serving subpoenas, each................................................ For search and return of nulla bona or non est inventus.... For each arrest in civil case.................................................... For each commitment in civil case and entering same.......... For each levy or seizure........................................................ For taking counter-affidavit in any civil case...................... For taking and approving bond in any civil case................ For attending jury upon trial of each case each verdict........
For attending court upon trial contested non jury case, each judgment..................................................................
For attending court upon trial uncontested non jury case, each judgment................................................................
For settling case or fi. fa. before sale of property.............. For advertising personal property for sale.......................... For settling fi. fa. from another court................................ For backing fi. fa. from another court.................................. For Marshal's Deed to realty or Bill of Sale to personalty....

2.00 .50
2.00 3.00 2.00 2.00 1.00 1.00 2.00
1.00
.50 2.00 2.00 2.00 1.00 3.50

PROVIDED, HOWEVER, where the amount involved is $100.00 or less, except in dispossessory warrant cases, the Marshal will be authorized to charge only one-half of the above listed amounts for the service indicated. For commission on sale of personal property:
From $1.00 to $100.00.................................................... 61A% All over $100.00.............................................................. 2%% For commission on sale of real estate: From $1.00 to $50.00.................................................... 5 %
From $51.00 to $550.00.------- 2%% All over $550.00............................................................ 11A%

For removing and/ or storing property and keeping and feeding animals.
The actual expense incurred after authorization by the Court.
"The cost in criminal cases in said Court and before the Judges thereof, shall be as follows:

COST IN CRIMINAL CASES For each warrant including affidavit.................................... 1.25

WEDNESDAY, FEBRUARY 6, 1952

1577

For docketing each warrant................................................ .50 For arrest................................................................................ 3.00 For return of officer............................................................ .50 For keeping prisoner.............................................................. 1.50 For taking bond...................................................................... 2.00 For taking testimony.............................................................. 1.25 For order requiring defendant to give bond in bastardy
case .................................................................................. 1.00 For order of commitment or discharge or dismissaL.......... 1.00 For entering any order.......................................................... .50 For motion to withdraw or dismiss warrant........................ 1.00 For docketing same.............................................................. .50 For Deputy Marshal attendance............................................ .50 For certified copy of warrant................................................ 1.50 For same under Code Section 38-627...................................... 2.50" Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be, and the s-ame are hereby repealed.
PUBLISHER'S AFFIDAVIT
The report of the Committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

SB 361. By Senator McLaughlin of the 3rd:
A bill to be entitled an Act to place certain employees of Wayne County on a salary rather than a fee basis, and for other purposes.
The report of the Com:inittee, 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.

SB 365. By Senator Williams of the 19th: A bill entitled an Act to provide for a subsistence allowance for the clerk of the superior court in certain counties, and for other purposes.
The report of the Committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0. The bill, having received the requisite constitutional majority, was passed.

~B 362. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to change the name of the recorders court to the municipal court of Atlanta, 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 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 926'. By Messrs. Page, McGee, and Hood of Chatham:
A bill to be entitled an Act to amend an Act incorporating the Town of Thunderbolt, and for other purposes.
The report 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 requh:ite constitutional majority, was passed.

By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:
SR 78. By Senator Williams of the 19th: A Resolution proposing to the qualified voters an amendment relating to the State School Superintendent, and for other purposes.
Referred to the Committee on State of Republic.
SB 339. By Senator Carlisle of the 7th: A Bill to be entitled an Act providing that all fees received by the Clerk of the Court of Appeals of Georgia shall be the property of the State and paid to the State Treasurer, and for other purposes.
Referred to the Committee on General Judiciary # 1.
SB 343. By Senators Millican of the 52nd and Rawls of the lOth: A Bill to be entitled an Act to fix the compensation of the Reporter of the Supreme Court and Court of Appeals, and for other purposes.
Referred to the Committee on General Judiciary # 1.
SB 347. By Senators Carlis~e of the 7th and Connell of the 6th: A Bill to be entitled an Act to fix the salaries of the following employees of the Supreme Court of the State of Georgia, namely: The Clerk, the Deputy Clerk, the Sheriff, and the Law Assistants, and for other purposes.
Referred to the Committee on General Judiciary # 1.
SB 358. By Senators Ellard of the 31st and Akins of the 40th: A Bill to be entitled an Act to amend an Act so as to authorize the Governor to appoint one or more persons as special officers for the protection of the real and personal property included within such

WEDNESDAY, FEBRUARY 6, 1952

1579

State parks; and for other purposes. Referred to the Committee on State of Republic.

SB 368. By Senator Jones of the 22nd:
A Bill to be entitled an Act to create the charter for the City of Jackson; and for other purposes.
Referred to the Committee on Municipal Government.

SB 371. By Senators Dunn of the 8th and Rawls of the lOth:
A Bill to be entitled an Act to provide that actions upon contracts of lease, bailment or renting of personal property, where a percentage of proceeds is involved, shall be brought within two years after the right of action accrue; and for other purposes.
Referred to the Committee on State of Republic.

SR 105. By Senator Pittman of the 53rd:
A Resolution proposing that the State Personnel or Merit Board be hereby directed to fix current scale of compensation for all employees under the State Merit System on the same basis as employees are paid in private industry or other comparable work, and for other purposes.
Referred to the Committee on State of Republic.

SB 377. By Senator Farrar of the 42nd:
A Bill to be entitled an Act to give the Ordinary of Chattooga County compensation in addition to the fees which he now receives; and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 375. By Senator Farrar of the 42nd:
A Bill to be entitled an Act to repeal an Act which Act established a City Court for Chattooga County, and for other purposes.
Referred to the Committee on Counties and County Matters.

Mr. Lovett of Laurens moved that the House reconsider its action in failing to pass the following bill of the House:
HB 946. By Messrs. Lovett of Laurens, Scott of Thomas, and others:
A bill to be entitled an Act to amend an Act creating the Minimum Foundation Education Program, and for other purposes.
The motion to reconsider prevailed, and the bill was placed at the foot of the calendar following HB 992.

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

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JOURNAL OF THE HOUSE,

HB 731. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to place the clerk of the superior court of Laurens County on a salary basis, and for other purposes.

The following Senate amendment to HB 731 was read:
The Senate amends by
Striking the words "to provide an effective date" in the caption thereof and inserting the words "to provide for a referendum."
And by:
Striking Section 6 thereof in its entirety and inserting a new Section 6 to read as follows:
"Section 6. This Act shall not become effective until ratified by the qualified voters of the County of Laurens. The county authorities in charge of said County shall hold an election on the same date on which the State Primary is held for the purpose of ratifying this Act and notice of said election shall be published in the official organ of Laurens County, Georgia. The ballot prepared for said election shall have printed thereon the words: 'For placing the Clerk of the Superior Court of Laurens County and his deputies on a salary basis'; and the words: 'Against placing the Clerk of the Superior Court of Laurens County and his deputies on a salary basis'; and those voting shall mark 'x' to the left of the appropriate words for which they desire to vote. Said election shall be held under the same rules and regulations governing said Primary and the results shall be declared as provided by law. If a majority of the votes cast in said election be for ratification of the Act, this Act shall become effective January 1, 1953, but if a majority of the votes cast are against ratification, then this Act shall be null and void."
And by:
Renumbering the present sections accordingly.
On agreeing to the Senate amendment, the ayes were 103, nays 0.
The Senate amendment was agreed to.

HB 732. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to abolish the offices of tax collector and tax receiver in Laurens County, and for other purposes.

The following Senate amendment to HB 732 was read:
The Senate amends by adding at the end of Section 4 thereof the following:
"At their first meeting in January each year, the Board of Commissioners of Roads and Revenues shall fix the salary of any assistants to the Tax Commissioner for such year, and it shall be the duty of such Board to submit such salary to the first Grand Jury of the Superior Court of Laurens County convening after such action. The Grand Jury shall have the power to disapprove said salary by twothirds vote of all of the members thereof, but unless said Grand Jury disapprove said salary by a two-thirds vote the salary shall remain

WEDNESDAY, FEBRUARY 6, 1952

1581

as fixed by the Board of Commissioners of Roads and Revenues.
"In the event that the Grand Jury fails to Act upon said salary within five days after the submission thereof, then it shall remain as fixed by the Board of Commissioners of Roads and Revenues of Laurens County, Georgia. In the event the Grand Jury disapproves the amount of the salary submitted to it by a two-thirds vote as aforesaid, then the foreman of said Grand Jury shall appoint a committee from said Grand Jury consisting of as many members as there are members of the County Board of Commissioners of Roads and Revenues, which committee shall meet in joint conference with the Board of Commissioners of Roads and Revenues of Laurens County, for the purpose of determining upon a proper amount to be paid as salary for such year to said assistants to the Tax Commissioner, and the amount so arrived at, at said conference, shall be final, and be the salary to which said assistant to the Tax Commissioner is entitled for such year."
On agreeing to the Senate amendment, the ayes were 104, nays 0.
The Senate amendment was ag1eed to.

HB 733. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to amend an Act creating the City Court of Dublin, and for other purposes.
The following Senate amendment to HB 733 was read:
The Senate amends by
Striking Section 3 thereof in its entirety and substituting in lieu thereof the following Section 3:
"Section 3. This Act shall not become effective unless its companion bill, HB 731, passes and is approved by the Governor and ratified by the people under the referendum therein provided for. In the event its companion bill does pass, as hereinbefore stated, then this Act shall become effective on January 1, 1953."
On agreeing to the Senate amendment, the ayes were 105, nays 0.
The Senate amendment was agreed to.

HB 735. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to place the sheriff of Laurens County on a salary basis, and for other purposes.
The following Senate amendment to HB 735 was read:
The Senate amends by adding to the end of Section 4 thereof the following paragraphs:
"It shall be the duty of such Board to submit such salaries to the first Grand Jury of the Superior Court of Laurens County convening after such action. The Grand Jury shall have the power to disapprove said salaries by two-thirds vote of all of the members thereof, but unless said Grand Jury disapproves said salaries by a two-thirds vote the salaries shall remain as fixed by the Board of Commissioners of

1582

JOURNAL OF THE HOUSE,

Roads and Revenues.
"In the event that the Grand Jury fails to act upon said salaries within five days after the submission thereof, then it shall remain as fixed by the Board of Commissioners of Roads and Revenues of Laurens County, Georgia. In the event the Grand Jury disapproves the amount of the salaries submitted to it by a two-thirds vote as aforesaid, then the Foreman of the Grand Jury shall appoint a committee from said Grand Jury consisting of as many members as there are members of the County Board of Commissioners of Roads and Revenues of Laurens County, which committee shall meet in joint conference with the Board of Commissioners of Roads and Revenues of Laurens County, for the purpose of determining upon a proper amount to be paid as salaries for such year to said deputy sheriffs, and the amount so arrived at, at said conference, shall be final and be the salary to which the deputy sheriffs of Superior Court are entitled for such year."
On agreeing to the Senate amendment, the ayes were 106, nays 0.
The Senate amendment was agreed to.

HB 734. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to amend an Act creating the City Court of Dublin, and for other purposes.
The following Senate amendment to HB 734 was read:
The Senate amends by striking Section 3 thereof in its entirety and substituting in lieu thereof the. following Section 3 :
"Section 3. This Act shall not become effective unless its companion bill, HB 735, passes and is approved by the Governor and ratified by the people under the referendum therein provided for. In the event its companion bill does pass, as hereinbefore stated, then this Act shall become effective on January 1, 1953."
On agreeing to the Senate amendment, the ayes were 107, nays 0.
The Senate amendment was agreed to.

HB 309. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to prohibit members of an executive committee of any political party from holding public office in certain counties and for other purposes.
The following Senate amendment to HB 309 was read:
The Senate amends Section 3, HB 309 by striking same in its entirety and inserting in lieu the following:
"Section 3. Any person who is now a member of such an executive committee and is an officer or employee of any such county or political subdivision may serve on said committee until his term of office shall have expired."
On agreeing t<: the Senate amendment, the ayes were 108, nays 0.

WEDNESDAY, FEBRUARY 6, 1952

1583

The Senate amendment was agreed to.

HB 847. By Mr. Kemp of Clayton:
A bill to be entitled an Act to amend an Act incorporating the Town of Forest Park, and for other purposes.

The following Senate amendment to HB 847 was read:
The Senate moves to amend House Bill 847 by striking Section 5 of said bill in its entirety and substituting in lieu thereof a new Section 5 which shall read as follows:
Section 5. Be it further enacted by the authority aforesaid, that upon the establishment of a Recorder's Court as provided in the foregoing section, it shall be the duty of the mayor and council to elect, by a majority vote of the entire council, a recorder to preside in said court. Such recorder shall be at least 30 years of age, a freeholder and registered voter, and meet such other qualifications as the mayor and council may prescribe. In the absence or disqualification of the recorder in any particular case, the mayor or the mayor protem is authorized to act in place of said recorder. The recorder of said court shall have the right to designate the dates and times for holding such court. The mayor and council shaH provide a salary of at least twenty-five dollars per month for said recorder, payable monthly out of the general funds of said city, and shall have the right to remove said recorder at any time and appoint another by a majority vote of the entire council.
On agreeing to the Senate amendment, the ayes were 109, nays 0.
The Senate amendment was agreed to.

By unanimous consent, the action of the House in passing the following Bill of the Senate was reconsidered:
SB 254. By Senator Coleman of the 18th:
A Bill to be entitled an Act to propose an amendment to the Constitution so as to authorize Richmond County and the City Council of Augusta to regulate the public health of said City and County by and through the Richmond County Department of Health, and for other purposes.
(Note: This Bill was reconsidered due to the fact that it had previously been passed as a local bill, during the period of unanimous consents--the caption of same indicating that it was a local bill-but on further examination being found to be an amendment to the Constitution, which necessitated a roll call vote.
Under the regular order of business the following bills and resolutions of the House and Senate were taken up for consideration and read the third time:
SR 82. By Senator Willingham of the 39th:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article 11, Section 1 of the Constitution of Georgia, so as to provide

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JOURNAL OF THE HOUSE,
for a tax or assessment levy of up to five (5) mills for fire prevention districts in Cobb County and to provide that no homestead exemption shall apply for such levy; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS F.OLLOWS:
Section 1. Article 11, Section 1 of the Constitution of Georgia is hereby amended by striking from the paragraph added thereto by the amendment relating to Cobb County fire prevention districts (Georgia Laws 1937-1938 Extra Session, p. 20) the word "three" and substituting in lieu the word "five" and by adding at the end of said paragraph the following:
"Provided further that the homestead exemption granted by Article 7, Section 1, Paragraph 4 of the Constitution and the statutes enacted pursuant thereto shall not be granted and shall not apply to the levy of such taxes or assessments.",
so that said paragraph when so amended shall read as follows:
"The governing authorities of the County of Cobb shall have authority to establish and administer within the bounds of the County of Cobb districts for fire prevention, and to establish and administer in such districts systems of fire prevention, and to establish and administer in such district systems of fire prevention and to levy taxes or special assessments therefor on property in said districts upon the vote of sixty (60) per cent of the qualified voters of said districts voting at a special election to be called hy the ordinary of the county and held in said districts upon said question; provided that such taxes or assessments shaH not exceed five mills upon the valuation of the property located in any such district. Provided further that the homestead exemption granted by Article 7, Section 1, Paragraph 4 of the Constitution and the statutes enacted pursuant thereto shall not be granted and shall not apply to the levy of such taxes or assessments."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected in 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 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 the area to be directly affected thereby for two months previous to the time of holding the next general election, at which elt>ction members of the General Assembly are elected and the above proposed amendment shall be submitted for ratification or rejection to the electors of this State.
All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on the ballot the following:
"For ratification of amendment to the Constitution so as to authorize the levy of a tax or assessment up to five mills for Cobb County fire prevention districts and to provide that homestead exemption shall not apply to such levy."
All persons opposing the adoption of said amendment shall have

WEDNESDAY, FEBRUARY 6, 1952

1585

written or printed on the ballot the following:
"Against ratification of amendment to the Constitution so as to authorize the levy of a tax or assessment up to five mills for Cobb County fire prevention districts and to provide that homestead exemption shall not apply to such levy."
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon in favor in both the State as a whole and in the area directly affected thereby, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections 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.
The report of the Committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman
Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton
Burgamy Burkett Byrd
Callier Campbell of Oconee Clark Claxton Coffin

Cornelius Covington Cranford Dally De en Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie
Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris

Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston lvey Jackson Johnson of Hall Jolly
Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King
Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little
McCracken McGarity McKelvey McWhorter

1586

JOURNAL OF THE HOUSE,

Mackay Mangum Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register

Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin
Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart
Stocks Sumner Tamplin Tarpley Terry Tillman

Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes
Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville, Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 83. By Senator Willingham of the 39th:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article XI, Section I of the Constitution of the State of Georgia, so as to provide for sewage districts for the County of Cobb; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. Article XI, Section I of the Constitution of Georgia, relating to counties, is hereby amended by adding thereto at the end thereof a new paragraph to be properly numbered and to read as follows:
"The governing authority of the County of Cobb is hereby given the authority and power to establish and administer within the bounds of the County of Cobb sewage districts, and may

WEDNESDAY, FEBRUARY 6, 1952

1587

therein create, construct, maintain and operate a system, or sy!<tems, for the disposal of sewage within such districts, and to levy taxes therefor on all property in said districts upon the vote of a majority of the qualified voters of said districts voting at a special election to be called by the Ordinary of said County, and to be held in said district upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located in any such district. In the event bonds are issued by the County for a specific district, a tax may be levied therein unlimited as to rate or amount. Bonds may be issued for such purposes, and if issued, shall be authorized in all respects as provided by Article VII, Section VII, Parag1aph I of the Constitution at an election called and held by the governing authority or body charged with the duty of managing the fiscal affairs of Cobb County, and only those voters residing in such district shall participate in such elEction held for that purpose. Any other provisions in this Constitution to the contrary notwithstanding, any such district may issue bonds in an amount up to ten (10%) per cent of the assessed valuation of property located therein subject to taxation for bond purposes. Provided further, that the homestead exemption granted by Article VII, Section I, Paragraph IV of the Constitution, and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of taxes herein authorized and provided for, dther for operation and maintenance of the system or for debt service."
Section 2. When 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 AEsembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized al!d instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State and in the area to be directly affected thereby for two months previous to the time of holding the next general election, at which election members of the General Assembly are elected and the above proposed amendment shall be submitted for ratification or rejection to the electors of this State.
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 following:
"For ratification of amendment to the Constitution so as to authorize the creation of sewage districts in Cobb County, and the levying of taxes, and the issuance of bonds related thereto."
All persons opposing the adoption of said amendment shall have written or printed on their ballots the following:
"Against ratification of amendment to the Constitution so as to authorize the creation of sewage districts in Cobb County, and the levying of taxes, and the issuance of bonds related thereto."
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon in favor in both the State as a whole and in the areas directly affected thereby, such amendment shall become a part of the Constitution of this State. The returns

1588

JOURNAL OF THE HOUSE,

of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers
Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd
Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington
Cranford Dally De en Denton Dews Dicus Dor!'ey
Duncan

Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey
Jackson Johnson of Hall Jolly
Jones of Lumpkin Jordan Kelley Kemp Kennedy Key
Kidd

King
Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey
McWhorter Mackay Mangum
Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard
Ramsey
Register Risner Robertson of Coweta Robertson of Dawson Rogers
Rollins Russell

WEDNESDAY, FEBRUARY 6, 1952

1589

Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner

Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford

Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs. : Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville, Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 84. By Senator Trotter of the 37th:
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 Troup County into school districts, and for the election 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 1.
That Article 8, Section 5, Paragraph 1 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 Troup County shall be elected by all of the qualified voters of Troup County who reside outside the corporate limits of the cities of LaGmnge, West Point, and Hogansville in said County at the same time that members of the General Assembly are elected; said members shall be elected for a term of six years, in the order

1590

JOURNAL OF THE HOUSE,
hereinafter provided, shall hold office until their successors are elected and qualified. The members of said board shall be residents of the school districts from which they are elected or appointed as herein provided. Should a vacancy occur in the office of any member thus elected, a successor shall be appointed by the Grand Jury of Troup County for the unexpired term. The County of Troup, outside the city limits of the City of LaGrange, the City of West Point, and the City of Hogansville, is hereby laid off and divided into six school districts to be known, numbered, and designated as school districts # 1, 2, 3, ~. 5 and 6 as follows:
District #!-Hogansville (outside city limits) and Mountville militia districts.
District #2-Pool's Mill, McLendon, and Harrisonville militia districts.
District #3-LaGrange (outside city limits) militia district.
District #4-East Vernon, West Vernon, and Antioch militia districts.
District #5-Salem, O'Neals Mill, and Roughedge militia districts.
District #6-Long Cane and West Point (outside city limits) militia districts.
The geographical limits of such school districts may be changed from time to time in the discretion of the Grand Jury of Troup County. One board member from each of the above designated school districts shall be elected to serve on said board for a term of six years provided two members shall be elected each two years concurrently with the general elections in the order designated below for the first six years beginning in 1954 and in the same order of rotation thereafter:
1954-Districts 2 and 6
1956-Districts 1 and 5
1958-Districts 3 and 4
No publisher of school books or any agent for any such publisher or any person who shall have a pecuniary interest in the sale of school books shall be eligible for election to the County Bo~.rd of Education.
That from and after the ratification of this amendment the Grand Jury of Troup County shall make no future appointments of members of the County Board of Education except herein provided, but the present board shall serve until their successors are elected and qualified as above provided.
The County Superintendent of Schools of Troup County shall be elected or appointed by the County Board of Education for a term not to exceed four (4) years and he shall hold office in the discretion of the County Board of Education or until his successor is elected and qualified. The salary of the County Superintendent shall be fixed by the County Board of Education. From

WEDNESDAY, FEBRUARY 6, 1952

1591

and after the ratification of this amendment the voters of Troup County shall no longer elect the County Superintendent of Schools, but the present Superintendent shall serve until his successor is duly elected or appointed as above provided by the County Board of Education.
Before any petson shall be qualified or eligible to hold office as County Superintendent of Schools he shall have had at least two years practical experience as the administrative head of a school or school system, and he shall have completed a minimum of four years of college and shall have graduated from an accredited college or university, and shall hold the degree of Bachelor of Arts or an equivalent Bachelors Degree. From and after the ratification of this amendment legal residence in Troup County shall not be a qualification of the County Superintendent of Schools.
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 f, Section 5, Article 8 of the Constitution providing for the election of members of the Troup 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 Troup 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 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 Iesolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa

Abney of Walker

Adams of Brantley

1592

JOURNAL OF THE HOUSE,

Adams of Upson Alverson Aycock Ball Barber of Colquitt
Barber of Jackson Barrett Battles Baughman
Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier
Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally De en Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary
Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith

Groover Guthrie Hadden Hall of Floyd
Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key
Kidd King
Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews
Mims Mishoe Mull Murphy
Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens

Page Parker Peacock Perkins Pickard
Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop
Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins
Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

WEDNESDAY, FEBRUARY 6, 1952

1593

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville, Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SR 85. By Senator Millican of the 52nd:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article XI, Section II, Paragraph I of the Constitution of Georgia whereby there shall be added to Article XI, Section II, Paragraph I of such constitution a new paragraph which shall authorize the General Assembly to provide by law the method of selecting a Tax Commissioner of Fulton County, to provide for and require the appointment of a Chief Deputy to such officer, to provide the tenure of such Chief Deputy and that in the event of vacancy in the Office of Tax Commissioner of Fulton County the Chief Deputy shall fill out the unexpired term of the Tax Commissioner and to ratify legislation enacted by the General Assembly of Georgia after January 1, 1951 relating to matters authorized by this amendment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. That Article XI, Section II, Paragraph I of the Constitution of Georgia of 1945 be and the same is hereby amended by adding thereto a new paragraph to read as follows:
"The General Assembly shall have power by statute to provide by law the method of selection of the Tax Commissioner of Fulton County, to provide for and require the appointment of a Chief Deputy to such officer, to provide the tenure of such Chief Deputy and that in the event of vacancy in office of the Tax Commissioner of Fulton County the Chief Deputy shall succeed to and fill out the unexpired term of such Tax Commissioner. Legislation enacted by the General Assembly of Georgia after January 1, 1951 relating to matters authorized by this amendment is by this amendment ratified, confirmed and made legal."
Section 2. Be it further resolved by the authority aforesaid, that when 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 in this state, for two (2) months previous to the time of holding the next general election, at which election members

1594

JOURNAL OF THE HOUSE,

of the General Assembly are chosen. All persons voting at said election in favor of adopting the amendment to the Constitution proposed by this resolution shall have written or printed on their ballots the words "For ratification of amendment to Article XI, Section II, Paragraph I of the Constitution of Georgia authorizing the General Assembly to provide the method of selection of the Tax Commissioner of Fulton County, to create the Office of Chief Deputy to succeed to his office in case of vacancy, and to ratify legislation enacted on this subject," and all persons voting at said election against adopting the amendment to the Constitution proposed by this resolution shall have written or printed on their ballots the words "Against ratification of amendment to Article XI, Section II, Paragraph I of the Constitution of Georgia authorizing the General Assembly to provide the method of selection of the Tax Commissioner of Fulton County, to create the Office of Chief Deputy to succeed to his office in case of vacancy, and to ratify legislation enacted on this subject." 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, the said amendment shall become a part of Article XI, Section II, Paragraph XI 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.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen

Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally
De en Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears

Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton

WEDNESDAY, FEBRUARY 6, 1952

1595

Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King
Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims

Mishoe Mull Murphy
Murr Musgrove Nelson Newman Nightingale
Otwell Overby Owens Page
Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers
Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton

Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins
Wilkes Williams of Cobb
Williams of Houston Willingham
Wood Wooten Wright

Those not voting were Messrs. : Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, CaiT, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville (Present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 115-549b. By Mr. Tillman of Appling:

A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia so as to provide for the division of Appling County into school districts; to provide for the election of members of the county board of education from such school districts; to provide for their terms of

1596

JOURNAL OF THE HOUSE,
office and qualifications; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY RESOLVED BY AUTHORITY OF THE SAME:
Section 1.
Upon the approval of this Resolution in the manner hereinafter provided, Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia be, and the same is hereby, amended by adding at the end thereof a new paragraph which shall read as follows:
"The members of the county board of education of Appling County shall be elected by the people at the same time and for tha same terms that other county officers of Appling County are elected and shall hold their offices until their successors are elected and qualified, and shall receive a salary of $25.00 per month which shall be paid from the school fund appropriated to the County. The County of Appling shall be and the same is hereby divided into five school districts to be known and comprised as follows: The First School District to be composed of the 583rd and 1723rd G. M. Militia Districts. The Second School District to be composed of the 1563rd and 1239th Districts, G. M. The Third School District to be composed of the 456th and 1726th Districts, G. M. The Fourth School District to be composed of the 443rd, 1394th and 1754th Districts, G. M. The Fifth School District to be composed of the 457th District, G. M. One member from each of the five districts shall be elected to serve on said board by the registered and qualified voters from the county as a whole. Within thirty days after the ratification of this amendment it shall be the duty of the Ordinary of Appling County to issue a call for an election, to be held not less than twenty nor more than thirty days thereafter for the purpose of electing by the qualified voters of each school district a member of a county board of education from that district. Should a vacancy occur in the office of any member, the Ordinary shall, within twenty days, issue a call for a special election, to be held not less than twenty nor more than thirty days thereafter for a successor to be elected by the zegistered and qualified voters of the county. The five member county board of education shall have the same powers and duties as the present board, and shall elect its own chairman. To be eligible to hold office as a member of the county board of education, a person shall be of good moral character, have at least a fair knowledge of the elementary branch of the English education, be favorable to the common school system, and be qualified to vote for members of the General Assembly. No publisher of school books or agent for such publisher or 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."
Section 2.
When this amendment shall have been approved by the requisite two thirds of the members of the members of each house of the General

WEDNESDAY, FEBRUARY 6, 1952

1597

Assembly of the State of Georgia, the same shall be entered on their journals with the "ayes" and "nays" taken thereon and 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. 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 to the people for ratification or rejection. At said election the ballots shall have printed thereon, "For amendment to Paragraph I of Section V of Article VIII of the Constitution of the State of Georgia providing for the election by districts of the members of the county board of education of Appling County," and "Against amendment to Paragraph I of Section V of Article VIII of the Constitution of the State of Georgia providing for the election by districts of the members of the county board of education of Appling County." If a majority of the qualified voters at such election shall vote "For" the ratification of the amendment, the same shall become a part of the Constitution of the State of Georgia, and the Governor of the State shall make proclamation thereof.
Section 3.
That all laws and parts of laws in conflict with the provisions of this Act be, and the same are, hereby repealed.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers
Birdsong Black Boggus Bolton Boone Brannen Brantley Britton

Burgamy
Burkett Byrd Callier Campbell of Oconee
Clark Claxton Coffin Cornelius Covington Cranford Dally De en Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary

Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis
Hood Hopkins Huddleston Ivey

1598

JOURNAL OF THE HOUSE,

Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum
Matthews Mims Mishoe Mull Murphy Murr

Musgrove Nelson Newman Nightingale
Otwell Overby Owens Page
Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns

Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop
Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville (Present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 180-755g. By Messrs. Hollis, Pickard and Dicus of Muscogee:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VI, Section V, Paragraph 1 (Code Sup. 2-4001) of the Constitution of Georgia, so as to authorize the designation of judges pro hac vice in the Superior Court of Muscogee County, City Court of Columbus, and the Municipal Court of Columbus; to fix their authority while so acting; and for other purposes.

WEDNESDAY, FEBRUARY 6, 1952

1599

Be it resolved by the General Assembly of the State of Georgia:
Section 1.
That Article VI, Section V, Paragraph I (Code Sup. 2-4001) of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof the following:
"Provided, however, that the Judge of the Superior Courts of the Chattahoochee Judicial Circuit of Georgia may hereafter, in his discretion, designate the Judge of the City Court of Columbus as judge pro hac vice in his stead for the purpose of trying cases and handling matters, civil and criminal, in the Superior Court of Muscogee County, which judge pro hac vice may serve simultaneously with, or at separate times from, said regular Superior Court Judge, and said judge pro hac vice shall possess the rights and powers vested in the Judge of said Superior Court for such periods and in such matters as the Judge of the Superior Court may designate by order;
"Provided, further, that the Judge of the City Court of Columbus may hereafter, in his discretion, designate the Judge of the Superior Court of the Chattahoochee Circuit, or the Judge of the Municipal Court of Columbus, or both, as judges pro hac vice in his stead for the purpose of trying cases and handling matters, civil and criminal, in the City Court of Columbus, which judges pro hac vice may serve simultaneously with, or at separate times from, the regular Judge of said City Court, and said judges pro hac vice shall possess the rights and powers vested in the Judge of said City Court of Columbus for such periods and in such matters as the Judge of the City Court of Columbus may designate, by order;
"Provided, further, that the Judge of the Municipal Court of Columbus may hereafter, in his discretion, designate the Judge of the City Court of Columbus as judge pro hac vice in his stead for the purpose of trying cases and handling matters, civil and criminal, in the Municipal Court of Columbus, either simultaneously with, or at separate times from; the regular Judge of the Municipal Court of Columbus, and said judge pro hac vice shall possess the rights and powers vested in the Judge of said Municipal Court of Columbus for such periods and in such matters as the Judge of the Municipal Court of Columbus may designate, by order;
"Provided, further, that the acts and doings of all of said judges pro hac vice in the Superior Court of Muscogee County, City Court of Columbus, and the Municipal Court of Columbus, shall be prima facie presumed to be duly authorized by order of the regular judges of said respective courts."
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 Muscogee County, Georgia, for two months previous to the time of holding the

1600

JOURNAL OF THE HOUSE,

next general election at which members of the General Assembly are chosen, and said amendment shall be submitted to the people at the next general election. All persons voting in said election in favor of adopting said proposed amendment to the Constitution shall have written or printed on their ballots, "For ratification of amendment to Article VI, Section V, Paragraph I, (Code Sup. 2-4001) of the Constitution of Georgia authorizing the designation of pro hac vice judges in the Superior Court of Muscogee County, City Court of Columbus, and the Municipal Court of Columbus, etc"; and all persons opposed to the adopting of said amendment shall have written or printed on their ballots, "Against ratification of amendment to Article VI, Section V, Paragraph I (Code Sup. 2-4001) authorizing the designation of pro hac vice judges in the Superior Court of Muscogee County, City Court of Columbus, and the Municipal Court of Columbus, etc."
If a majority of the electors voting- thereon in the State as a whole and also a majority of said electors, voting thereon in Muscogee County shall vote for ratification thereof, when the returns shall be consolidated as required by law for election of members of the General Assembly, the said amendment shall become a part of Article VI, Section V, Paragraph I, of the Constitution of the State, and the Governor shall make his proclamation thereof.
Section 3.
That if and in the event that said proposed amendment is approved as provided by law, upon the Governor issuing his proclamation as provided by law the provisions of said constitutional amendment shall become effective and said resolution shall be self-executing without the necessity of further or additional legislation.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as fellows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Ball of Richmond Bentley Best Biggers
Birdsong Black

Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee Clark Claxton
Coffin Cornelius Covington Cranford Dally De en Denton

Dews Dicus Dorsey
Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard
Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith

WEDNESDAY, FEBRUARY 6, 1952

1601

Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little

McCracken McGarity McKelvey McWhorter Mackay Mangum
Matthews Mims Mishoe Mull Murphy
Murr Musgrove Nelson Newman Nightingale
Otwell Overby
Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register
Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell

Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop
Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins
Wilkes Williams of Cobb Williams of Houston Willingham
Wood Wooten Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville (Present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 182-755i. By Messrs. Page and McGee of Chatham:

A RESOLUTION Proposing to the qualified voters an amendment to Article 6,

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JOURNAL OF THE HOUSE,
Section 1, by adding a new paragraph to be known as Paragraph 2 of Article 6, Section 1, to authorize Chatham County to enact ordinances for the policing of said county; for the levying of occupational license taxes; providing penalties for violations, and authorizing, confirming and ratifying the establishment of a county recorders' court; providing for the submission to the people at the next general election; and for other purposes.
Section 1.
BE IT RESOLVED by the General Assembly of the State of Georgia that Article 6, Section 1 of the Constitution of the State of Georgia be and the same is hereby amended by adding a new paragraph to be known as Paragraph 2 of Article 6, Section 1 of the Constitution of the State of Georgia, which shall read as follows:
"Paragraph 2, Article 6, Section 1. The County of Chatham is hereby authorized:
1: To enact ordinances for the policing of Chatham County and the governing of said County outside the corporate limits of any municipality located therein and to provide punishment therefor.
2: To enact ordinances levying occupational or license taxes on persons, firms or corporations doing business in said county outside the corporate limits of municipalities located therein.
3: To establish and create a County Recorder's Court which shall have jurisdiction in said county outside the corporate limits of municipalities and which shall be empowered to hear and determine cases involving violations of all county ordinances with authority to inflict punishment and/or penalty for the violation thereof; and shall have such other and further powers as may be prescribed by law or ordinance. Such County Recorders' Court shall have similar jurisdiction as that conferred on Recorders' Courts of municipalities, and the creation of such County Recorders' Court previously authorized by legislative act is hereby ratified and confirmed.
Section 2.
BE IT FURTHER RESOLVED by the authority aforesaid that when said amendment shall be agreed to by two-thirds (2/3) 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 'ayes' 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 the counties affected, for two months previous to the time of holding the next General Election at which members of the General Assembly are elected 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 \vritten or printed on the ballot the words, "For ratification of amendment to Article 6, Section 1, authorizing the County of Chatham to enact ordinances for the policing of said county, for the levying of occupational license taxes, providing penalties for violations, and authorizing the establishment of a County Recorders' Court in Chatham County", and all persons opposed to the adoption of said amendment shall have written or printed on their ballot the words, "Against ratification of amendment

WEDNESDAY, FEBRUARY 6, 1952

1603

to Article 6, Section 1, authorizing the County of Chatham to enact ordinances for the policing of said county, for the levying of occupational license taxes, providing penalties for violations, and authorizing the establishment of a County Recorders' Court."
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 Chatham 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 6, Section 1, of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus
Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd
Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford

Dally Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun
Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper
Harrell Harris Hawkins Henderson Herrin , Hilton Holley Hollis

Hood Hopkins Huddleston lvey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Green Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackey Mangum
Matthews Mims Mishoe Mull Murphy Murr Musgrove

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JOURNAL OF THE HOUSE,

Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell

Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell

Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham
Wood Wooten Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville (Present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 201-810n. By Mr. Leach of Rockdale:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia, so as to provide for the appointment of the county school superintendent of Rockdale County by the county board of education of said county; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1.
That Article VIII, Section VI, Paragraph I of the Constitution of Georgia be amended by adding thereto the following language: "The County School Superintendent of Rockdale County shall be appointed or elected by the members of the County Board of Education of Rockdale County. The Board shall appoint or elect the Superintendent within a period of sixty days after the ratification of this amendment. The Superintendent shall serve at the pleasure of the Board and shall possess such qualifications as the Board may prescribe. It shall not be

WEDNESDAY, FEBRUARY 6, 1952

1605

necessary that the Superintendent be a resident of Rockdale County or the State of Georgia, or a citizen thereof. The Superintendent may serve as Principal of Conyers High School."
Section 2.
Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding the time of holding the next general election, at which general election the above proposed amendment shall be s1,1bmitted for ratification or rejection to the electors of this State, at which election every person shall be quaiified to vote who is qualified to vote for the members of the General Assembly.
All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballot the words:
"For ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution so as to provide for the appointment of the county school superintendent of Rockdale County by the county board of education of said county and to provide that said superintendent may serve as the Principal of Conyers High School."
All persons opposing the adoption of said amendment shall have written or printed on their ballots the words:
"Against ratification of amendment to Article VIII, Section VI, Paragraph I of the Constitution so as to provide for the appointment of the county school superintendent of Rockdale County by the county board of education of said county and to provide that said superintendent may serve as the Principal of Conyers High School."
If the people shall ratify such amendment by a majority of the electors in Rockdale County and in the State of Georgia qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa

Abney of Walker

Adams of Brantley

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JOURNAL OF THE HOUSE,

Adams of Upson
Alverson
Aycock Ball
Barber of Colquitt Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy
Burkett Byrd
Callier
Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally
Deen Denton Dews Dicus Dorsey Duncan Durden Durham
Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith

Groover
Guthrie
Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston lvey Jackson Johnson of Hall Jolly
Jones of Lumpkin Jordan Kelley Kemp
Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum
Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby
Owens

Page
Parker
Peacock Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

WEDNESDAY, FEBRUARY 6, 1952

1607

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville (Present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 217-830h. By Messrs. Vandiver, Clay and Wood of Bibb:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6005 so as to authorize the City of Macon, Bibb County, Georgia to issue revenue anticipation certificates to produce funds for making improvements, additions, and betterments to its existing hospital facilities and to secure the payment of such certificates and interest thereon by pledging revenues derived from the operation of its hospital facilities and revenues derived from water receipts; to provide certain conditions under which said certificates may be issued and the time of issuance and the method and procedure for the issuance of said certificates; to provide that said certificates and the pledge of revenues to pay same shall not be a debt of the City of Macon within the meaning of Article VII, Se"ction VII, Paragraph I of the Constitution; to provide the effective date of this amendment and the period of time its effectiveness shall remain in force and for other purposes.
Section 1.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6005 shall be amended by adding at the end thereof a new paragraph to be numbered 2 and worded as follows, to-wit:
"PROVIDED, HOWEVER, that the City of Macon is authorized and hereby empowered to issue interest bearing revenue anticipation certificates maturing within thirty years from their date for the purpose of providing funds to pay in whole or in part the cost of making improvements, additions and betterments to its existing hospital facilities, mcluding the construction and equipping of hospital buildings and related facilities, acquiring the necessary property therefor and payng expenses incident thereto, and to pledge as security for the payment of any certificates so issued for that purpose, both principal and interest, the revenues received by the City from the operation of such hospital facilities and to pledge not exceeding $140,000 per annum to be derived from water receipts to be paid by the Board of Water Commissioners each year to said City. The certificates hereby

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JOURNAL OF THE HOUSE,
authorized may be issued from time to time but any certificates pledging revenue derived from water receipts may be issued only within five years from the date of proclamation hereof. No election to authorize the issuance of said certificates shall be required and the pledge of revenues derived from the operation of the hospital and the pledge of not exceeding $140,000 per annum water receipts shall not be a debt of the City of Macon within the meaning of Article VII, Section VII, Paragraph I of this Constitution. Such certificates may be issued bearing such rate or rates of interest and maturing in the years and amounts as determined and upon a majority vote of the Mayor and Council of the City of Macon, and when so authorized the procedure of issuance and delivery, including validation, shall be in all respects in accordance with the Revenue Certificate Law of 1937, as amended in 1939, as if said certificates had been originally authorized to be issued thereunder.
"The rights and powers herein conferred upon the City of Macon and its governing body are self-executing and no enabling Act of the General Assembly shall be necesfary and are hereby made cumulative of and in addition to such other rights and powers as it may have under the Constitution or laws of this State."
Section 2.
Be it further enacted by the authority aforesaid that when said amendment shall be agrr-ed to by a two-third 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 "ayes" 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 at Macon, Georgia, in the County of Bibb, for two months previous to the time of holding the next general election, to which members of the General Assembly are elected 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 ballot the words, "For ratification of an amendment to Article VII, Section VII, Paragraph V of the Constitution authorizing the City of Macon to issue revenue anticipation certificates for the purpose of providing funds for making improvements, additions and betterments to its existing hospital facilities and to secure the payment of such certificates by pledging revenues derived from the operation of the hospital facilities and from water receipts," and all persons opposed to the adoption of said amendment shall have written or printed on
their ballot, "Against ratification of the amendment to Article VII,
Section VII, Paragraph V of the Constitution authorizing the City of Macon to issue revenue anticipation certificates for the purpose of providing funds for making improvements, additions and betterments to its existing hospital facilities and to secure the payment of such certificates by pledging revenues derived from the operation of the hospital facilities and from water receipts," and 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 thenon in the City of Macon, 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 be-

WEDNESDAY, FEBRUARY 6, 1952

1609

come a part of Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman
Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee
Clark Claxton Coffin Cornelius Covington Cranford Dally De en Denton
Dews Dicus Dorsey Duncan Durden Durham Edenfield

Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King
Kitchens Knight Langdale Lanier Lavender

Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy
Murr Musgrove Nelson
Ne"'-man Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register
Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton

1610

JOURNAL OF THE HOUSE,

Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd

Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems

Wheeler
White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham
Wood Wooten Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville (Present), Raulerson, Ray, Row~ and, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By ur:animous consent, verification of the roll caB was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds Constitutional majority, was adopted.

HR 220-861a. By Mr. Ramsey of Effingham:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, which established county-wide school districts in this State, by adding thereto a new paragraph, so as to provide that the County Board of Education of Effingham County shall divide said county into political subdivisions for the purpose of issuing bonds to purchase school sites and to build and equip schoolhouses and may issue bonds therefor; to set up and establish the procedure for bond elections for the local districts where bonds are to be issued and sold for the purpose of securing school sites and for building and equipping schoolhouses; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1.
Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia of 1945 is hereby amended by adding thereto a new paragraph to read as follows:
"The County Board of Education of Effingham County shall, within one year after the date of ratification of this amendment, divide all of the territory of Effingham County outside of independent school systems established prior to the adoption of the 1945 Constitution into political subdivisions to be known as local schoolhouse districts. When such division is made the entire county

WEDNESDAY, FEBRUARY 6, 1952

1611

shall be so divided into separate subdivisions. The local subdivisions so set up and established shall be clearly and positively defined by the resolution passed by the board establishing such sub-divisions. The same shall be marked off in the manner which the board deems to be most advantageous to the school interest of the county. The county board of education shall act as officers of such local subdivision, and as such are hereby authorized to incur bonded indebtedness for the purpose of purchasing school sites and for building and equipping, enlarging and repairing schoolhouses in and for such local subdivisions. The bonded indebtedness which the county board of education is hereby authorized to incur shall be incurred pursuant to Article VII, Section VII, Paragraphs I and II of the Constitution of 1945. An election for bonds for such local subdivisions shall be called and held in the manner prescribed by Chapter 87-2 of the Code of Georgia of 1933, as amended, and the bonds shall be validated in the manner prescribed by Chapter 87-3 of the Code of Georgia of 1933, as amended. The purpose of this Section is to permit and to require the same procedure to be followed in the voting, issuance, levying of taxes for, and the retirement of bonds issued by the county boards of education for local subdivisions herein established, for building and equipping, enlarging and repairing schoolhouses or purchasing sites therefor, as is required in the case of municipalities and other county bonds. Provided, however, that where the county board of education divides the county into subdivisions and seeks to issue bonds for any one of the local subdivisions, persons residing outside of the local subdivisions may not participate as qualified voters in said election. Should the election held in a local subdivision result favorable to the issuance of bonds for such local subdivision, the property located within such local subdivision as marked off and established by the county board of education shall be subject to taxation for the retirement of bonds issued by the county board of education for such local subdivision. The property located outside of such subdivision shall not be subject to taxation for the retirement of any bonds issued for the local subdivision.
"It is not intended that this amendment shall in any way interfere with the county board of education issuing bonds on a county-wide basis as provided for in Section 23 of the Act ap-
proved February 1, 1946. The purpose of this amendment is to give to the County Board of Education of Effingham County additional powers so that the county board of education may provide adequate school sites, buildings and equipment in said County, and under circumstances where county-wide bond issues for securing school sites, building and equipping schoolhouses proves inadequate and inequitable because of prior existing bonded indebtedness of local districts or otherwise."

Section 2.
Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses of the General Assembly, said amendment shall be entered on their journals with the "Ayes" and "Nays" taken thereon, and shall, by the Governor, be published in one or more newspapers in each congressional district and one or more

1612

JOURNAL OF THE HOUSE,

newspapers in the County of Effingham, for two months previous to the time of holding the next general election, to which members of the General Assembly are elected 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 ballot the words:
"For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia of 1945, so as to provide that the County Board of Education of Effingham County shall divide said County into political subdivisions for the purpose of issuing bonds to purchase school sites and to build and equip schoolhouses and may issue bonds therefor."
and all persons opposed to the adoption of said amendment shall have written or printed on their ballot:
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia of 1945, so as to provide that the County Board of Education of Effingham County shall divide said County into political subdivisions for the purpose of issuing bonds to purchase school sites and to build and equip schoolhouses and may issue bonds therefor."
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 Effingham 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 the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman
Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black

Boggus Bolton Boone Brannen Brantley Britton Burgamy
Burkett Byrd Callier Campbell of Oconee
Clark Claxton Goffin Cornelius Covington Cranford Dally
De en Denton

Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary
Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun
Greer Griffith

WEDNESDAY, FEBRUARY 6, 1952

1613

Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp
Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little

McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell

Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell
Tumlin Turk Ursrey Vandiver Vickers Waldrop
Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins
Wilkes Williams of Cobb Willilams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville (Present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call as dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 229-882c. By Messrs. Gowen and Nightingale of Glynn:
A RESOLUTION Proposing to the qualified voters of the State of Georgia, an amendment to Article VII, Section VII of the Constitution of the State

1614

JOURNAL OF THE HOUSE,
of Georgia so as to authorize Glynn County to levy and collect taxes and assessments to acquire and maintain works, projects and undertakings to prevent and retard land erosion by action of the sea or elements and to zone and district property to be assessed according to the benefit accruing to the prope1ty, to authorize the financing in whole or in part of the cost of such works, projects and undertakings by the issuance and sale of revenue certificates and to accomplish the foregoing purpose, to condemn property and for other purposes:
Section 1.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that Article VII, Section VII of the Constitution of the State of Georgia shall be amended by adding at the end thereof a new paragraph to be numbered VIII and worded as follows, to-wit:
"Glynn County acting by and through its governing body having charge of its fiscal affairs is hereby authorized to and may levy a tax to produce funds to establish and maintain Bulk Heads, Sea Walls, Groins, Sand Dredgings, or other works, projects and undertakings designed to prevent or retard the erosion of the land by action of the sea or elements or any combination of such works, projects and undertakings and in addition specific authority is authorized and granted to Glynn County to accomplish the aforementioned purpose upon any island therein having ocean beaches by levying assessments upon all property which in the discretion of the governing body is benefited or improved by such works, projects and undertakings with the right to establish zones or districts based upon the benefit to the property from such works, projects and undertakings and to vary the amount of such assessments in each of the several zones or districts in proportion to the benefit to the property. Such assessments shall be payable at such times and in such number of installments as may be determined by the said governing body and any and all assessments made against property under authority hereof shall constitute a lien against such property from the time of assessment and shall rank equally with the lien for County taxes and may be enforced and collected in the same manner. All sums collected by the County whether derived from taxes or from assessments shall be kept separate and apart from all other County funds and can only be used for the purpose of paying the cost of acquisition and financing of such works, projects and undertakings and the proper extensions and maintenance thereafter. The said governing body in order to accomplish the foregoing purpose, in whole or in part, is hereby granted the right and authority to issue revenue anticipation certificates from time to time and to pledge the sums to be raised by said assessmentR to the payment of such certificates and interest thereon. Said certificates may be issued as determined and upon a majority vote of said governing body of said County and when so authorized the procedure of issuance and delivery, including validation, shall be in all respects in accordance with the Revenue Certificate Law of 1937, as amended and this constitution. In order to accomplish the foregoing purpose the said governing body be and is hereby granted the power and authority to exercise the power of eminent domain in accordance

WEDNESDAY, FEBRUARY 6, 1952

1615

with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use to acquire such easements and interest on property along such beaches as may in its discretion be necessary in the construction or maintenance of said works, projects and undertakings. The rights and powers herein conferred upon Glynn County and its governing body are self-executing and are cumulative of and in addition to such other rights and powers as it may have under the Constitution or laws of this State."
Section 2.
Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by a two-third 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 "ayes" 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 the County of Glynn, for two months previous to the time of holding the next general election, to which members of the General Assembly are elected 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 ballot the words, "For ratification of an amendment to Article VII, Section VII, to be designated Paragraph VIII of the Constitution authorizing Glynn County to levy and collect taxes and special assessments and to pledge same for the purpose of acquiring and maintaining works, projects and undertakings to deter land erosion of the beaches of said County and dealing with related matters", and all persons opposed to the adoption of said amendment shall have written or printed on their ballot, "Against ratification of the amendment to Article VII, Section VII, to be designated Paragraph VIII of the Constitution authorizing Glynn County to levy and collect taxes and special assessments and to pledge same for the purpose of acquiring and maintaining works, projects and undertakings to deter land erosion of the beaches of said County and dealing with related matters", and 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 Glynn 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 Paragraph VIII of Article VII, Section VII, of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof.
The report of the committee, which was favorable to the adoption of the 1esolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson

Aycock
Ball Barber of Colquitt Barber of Jackson Barrett

Battles Baughman Beasley Bell of DeKalb Bell of Richmond

"1616

JOURNAL OF THE HOUSE,

Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy
Burkett Byrd
Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington
Cranford Dally De en
Denton Dews Dicus Dorsey Duncan Durden Durham Edenfiefd Fe3.rs Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd
Hall of Toombs Harper Harrell Harris

Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Green Lewis of Hancock Little
McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy
Murr Musgrove Nelson Newman Nightingale Otwell Overby
Owens Page
Parker Peacock Perkins

Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns
Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry
Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop
Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham
Wood Wooten Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks,
Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville

WEDNESDAY, FEBRUARY 6, 1952

1617

(Present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 233-908b. By Mr. Adams of Brantley:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, so as to divide Brantley County into five school districts; to provide that members of the Brantley County Board of Education shall be elected from certain school districts; to provide the term of office for members of said board; to provide the manner of election of said board; to provide for the submission of this amendment to the qualified voters of Georgia for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1.
Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945 is hereby amended by adding new paragraphs to read as follows:
"Brantley County shall be divided into five school districts, for any and all purposes, to be known as School Districts as follows: School Districts Number 1, 2, 3, 4, and 5. School District Number 1 to be comprised of the 1565th District, G. M., known as Nahunta, 335th District, G. M., known as Lulaton, and 1493rd District, G. M., known as Atkinson. School District Number 2 to be comprised of the 1308th District, G. M., known as Hortense, and 334th District, G. M., known as Waynesville. School District Number 3 to be comprised of the 1768th District, G. M., known as Hickox. School District Number 4 to be comprised of the 1534th District, G. M., known as Hoboken. School District Number 5 to be comprised of the 590th District, G. M., known as Schlatterville. Each of the said five school districts shall be entitled to one member, who at the time he offered for election resided within the district he offered to represent, as its representative on the Brantley County Board of Education; but each member shall have County-wide jurisdiction but shall be elected by County-wide vote.
No person shall be eligible to serve as a member of the Brantley County Board of Education unless that person is a free-holder of at least 30 years of age and is of good moral character.
Five members of the Brantley County Board of Education shall be elected by the qualified voters of said County at the regular election held in said County for State and County offices and to be voted on in the sanie manner and governed by the same rules as the said State and County elections. Said members are to be elected for a term of

1618

JOURNAL OF THE HOUSE,

four year and they will begin their duties as soon as they can qualify uRder this Act and continue in the same until their successors in office are elected and qualified under this Act.
If a vacancy should occur on said Brantley County Board of Education caused by death, resignation, or other cause it would be the duty of other remaining members of said Board to appoint a new member to fill such vacancy, however, such appointment must be made from the district so vacated.
Section 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State for two months previous to the time of holding the next general election, at which election the above proposed amendment shall be submitted for ratification or rejection to the electors of this State.
All persons voting at said election in favor of adopting the proposed amended to the Constitution shall have written or printed on their ballots the words:
"For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia dividing Brantley County into school districts and providing a new method of electing members to the Brantley County Board of Education."
All persons opposing the adoption of said amendment shall have written or printed on their ballots the words:
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia dividing Brantley County into school districts and providing a new method of electing members of the Brantley County Board of Education."
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the results 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.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson

Alverson Aycock
Ball Barber of Colquitt

Barber of Jackson Barrett Battles Baughman

WEDNESDAY, FEBRUARY 6, 1952

1619

Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd
Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun
Greer Griffith Groover Guthrie Hadden Hall of Floyd
Hall of Toombs
Harper

Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page
Parker
Peacock

Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten
Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks,

1620

JOURNAL OF THE HOUSE,

Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville, Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 235-908d. By Mr. Tippens of Wilcox:
A RESOLUTION
Proposing to the qualified voters of Georgia an Amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide for the election of members of the Board of Education of Wilcox County by the people; to provide for school districts; to provide for terms of office and qualifications; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
That Article VIII, Section V, Paragraph I of the Constitution of Georgia be amended by adding at the end thereof the following:
"The County Board of Education of Wilcox County shall be composed of five ( 5) members, elected by the people, one from each of the school districts provided for hereinafter. School District No. 1 shall be composed of Abbeville and Ryals Mill Militia Districts. School District No. 2 shall be composed of Forest Glen and Sibbie Militia Districts. School District No. 3 shall be composed of Rochelle, Pleasant Grove and Davis Mill Militia Districts. School District No. 4 shall be composed of Pitts, Seville and Double Run Militia Districts. School District No. 5 shall be composed of Pineview, Maple Branch and Pope City Militia Districts. Any candidate for membership on the Board of Education must reside in the School District from which he offers as said candidate and shall be voted upon by the qualified voters of the entire county. The first election for the members of the County Board of Education, as provided herein, shall be held on the same date along with the other county officers at the regular election held for the election of county officials in 1954 in Wilcox County. The first election for members of the Wilcox County Board of Education under the provisions of this amendment shall be for two (2) members in 1954 and the other three (3) members shall be elected in 1956. The terms of all members shall be for four (4) years from the date of their election.
"Should a vacancy occur on said Board, the remaining members shall elect a person from the school district wherein the vacancy exists to fill the unexpired term.
"The terms of the present members of Wilcox County Board of

WEDNESDAY, FEBRUARY 6, 1952

1621

Education whose terms expire in 1952 and 1953 are hereby extended to the regular election held for county officers in Wilcox County in 1954, and the terms of those present members expiring in 1954 and 1955 are hereby extended to the regular election held for county officers in Wilcox County in 1956. The Grand Jury shall fix the compensation of the members of the board."
SECTION 2.
When 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 and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, it shall be published and submitted to the people for ratification or rejection at the next general election at which members of the General Assembly are chosen, all as provided by law.
All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on the ballots the words:
"For ratification of Amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide for election of the members of the County Board of Education of Wilcox County by the people by School Districts."
All persons opposing the adoption of said amendment shall have written or printed on the ballot the following:
"Against ratification of Amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide for election of the members of the County Board of Education of Wilcox County by the people by School Districts."
If the people shall ratify such amendments by a majority of the electors qualified to vote voting therein in both the State as a whole and in Wilcox County, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections 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.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock
Ball Barber of Colquitt Barber of Jackson

Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers

Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy

1622

JOURNAL OF THE HOUSE,

Burkett Byrd Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins

Huddleston lvey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey

Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs. : Adams of Evans, Bargeron, Brazeal, Brooks,
Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville, Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.

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

WEDNESDAY, FEBRUARY 6, 1952

1623

On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 240-908i. By Messrs. Cornelius and McKelvey of Polk:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, so as to provide that the Polk County Board of Education as now constituted shall be abolished; to create a new County Board of Education for Polk County, to provide that members of the county board of education shall be elected from certain attendance areas; to provide terms of office of such members; to provide for the election of a county school superintendent by the county board of education; to prescribe the qualifications of the county school superintendent and his term of office; to provide that the territory of Polk County outside of any independent systems shall constitute one school district; to provide that should Cedartown independent school district cease to exist or merge with Polk County school district four certain members of the Cedartown Board of Education shall be added to the Polk County Board of Education; to provide for a special school tax of two (2) mills to be levied on all property of the county in addition to the fifteen (15) mills provided for in Article VIII, Section XII, Paragraph I of the Constitution of the State of Georgia of 1945; to provide for the submission of this amendment to the qualified voters of Georgia for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945 is hereby amended by adding new paragraphs to read as follows:
"All of Polk County lying outside of independent school systems now in existence in said county shall compose one school district and shall be under the management and control of the county board of education which shall be the Polk County Board of Education, consisting of nine (9) members who shall serve without compensation. Upon ratification hereof by the qualified voters of this State, the Judge of the Superior Court of said county shall appoint the first board as created herein and four (4) of the said members so appointed shall serve until December 31, 1954 and until their successors are duly elected and qualified; and five (5) of the said members so appointed shall serve until December 31, 1956 and until their successors are duly elected and qualified. Thereafter the terms of elected members shall be for four (4) years from the date they take office. The successors to the aforesaid appointed members shall be elected in the year in which the terms of the aforesaid appointed members expire and at the same time and in the same manner and under the same rules and regulations as are members of the General Assembly of Georgia. Each of the school attendance areas of Antioch, Aragon, Benedict, Brewster, Cedar-Lake,

1624

JOURNAL OF THE HOUSE,
Fish, and Fite, shall be represented upon said board by a member thereof who was a resident of that school attendance area at the time of his appointment or election, however, the attendance area of Rockmart shall be represented by two such members, and each such member shall be a representative of the county at large and nothing herein contained shall be construed to limit the county-wide powers of such members. The number of members of the Polk County Board of Education shall be increased to thirteen (13) if and when the independent school system of Cedartown ceases to exist or merges with the Polk County school system and the retiring board of education of the Cedartown system, as constituted at the time of such merger, as herein described, shall appoint four (4) of their members to serve on the Polk County Board of Education, two (2) of which shall serve from the date of their appointment to December 31 of the year in which the first election, since the date of their appointment, for any members of the Polk County Board of Education is held; and two (2) of which shall serve from the date of their appointment to December 31 of the year in which the second election, since the date of their appointment, for any members of the Board of the Polk County Board of Education is held. The successors to such appointed additional members shall be elected at the same time, for the same term, and under the same rules and regulations as are members of the Polk County Board of Education at the time of said merger, as herein described, if any. In the event of said merger, as herein described, the City of Cedartown shall be represented on said Board by four (4) members who resided within the city limits of Cedartown at the time of their election or appointment but each additional member shall also be a representative of the County at large and nothing contained herein shall be construed to limit the county-wide powers of such additional members. All rights, powers and duties exercised by the board of education hereby abolished are hereby vested in the new 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 expiration of the term of his predecessor in office. 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 the 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 superintendents of this State, except that any legal requirement as to local residence shall not be applicable."
"In addition to the tax of not less than five (5) mills nor greater than fifteen (15) 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 in Paragraph I, Section XII, Article VIII of the Constitution, the fiscal

WEDNESDAY, FEBRUARY 6, 1952

1625

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 (2) mills upon the dollar of all taxable property located in the County of Polk when such additional two (2) mill tax is recommended by the Polk County Board of Education."
SECTION 2.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor 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 the area to be directly affected thereby for two months previous to the time of holding the next general election, at which election members of the General Assembly are elected and the above proposed amendment shall be submitted for ratification or rejection to the electors of this State.
All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on the ballot the following:
"For ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of 1945, abolishing a school board for Polk County and establishing a new Polk County Board of Education and providing for election of members and their terms of office."
All persons opposing the adoption of said amendment shall have written or printed on the ballot the following:
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of 1945, abolishing a school board for Polk County and establishing a new Polk County Board of Education and providing for election of members and their terms of office."
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon in both the State as a whole and in the area directly affected thereby, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections 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 is ratified, make proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was adopted.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa
Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock

Ball Barber of Colquitt
Barber of Jackson Barrett Battles Baughman

Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers

1626

JOURNAL OF THE HOUSE,

Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burkett Burgamy Byrd Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson

Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard

Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville,

WEDNESDAY, FEBRUARY 6, 1952

1627

Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 244-927d. By Mr. Jessup of Bleckley:

A RESOLUTION
To propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution 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 Cochran and the existing school district in the County of Bleckley lying outside the corporate limits of said city into one school district co-extensive with the limits of Bleckley County and to provide for a seven member County Board of Education elected by the Grand Jury, and for the appointment of the County School Superintendent by the Board; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution of Georgia be, and the same is hereby amended by adding at the end thereof new paragraphs to read as follows:
"Merger of existing independent school system of City of Cochran and existing school district in Bleckley 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 Cochran and the existing school district in the County of Bleckley outside the corporate limits of said city so that the entire area of Bleckley County shall constitute one school district or system, the independent school system in the City of Cochran and the existing school district in Bleckley County outside said corporate limits of said city being thereby abolished.
"The school district so created by the General Assembly is hereby authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings, and for acq~iring the necessary property therefor.
"The General Assembly shall provide for a new political entity, the affairs of which are to be managed by a board of education, to bear such name and have such powers as may be provided in said Act. The General Assembly shall also provide that there shall be a seven man board of education. Said board shall be elected by the Grand Jury, three from the citizens within the corporate limits of the City of Cochran and four from the County of Bleckley, outside the corporate limits of the City of Cochran. The board members shall have such

1628

JOURNAL OF THE HOUSE,
qualifications and shall be paid such compensation as may be fixed by law. The said board of education is hereby authorized and empowered to operate, conduct, and control said system of public schools and its fiscal affairs, including the right and authority to create indebtedness as may be authorized by the General Assembly, not in conflict with this Constitution, to contract and be contracted with, to appoint and employ teachers and to fix their salaries, and to do all and every act or acts as may be necessary for the proper maintenance and operation of a comprehensive school system throughout the limits of Bleckley County.
"A Superintendent shall be elected by the seven man Board appointed by the Grand Jury.
"Notwithstanding any other provision of this Constitution, the fiscal authorities of Bleckley County shall levy a tax for the support and maintenance of said school system of not greater than fifteen ( 15) mills upon the dollar (as recommended by the board of education) uniform throughout the county, of all taxable property in the county.
"Notwithstanding any other provision of this Constitution or any provisions of law, the commissions or fees of the Tax Collector or Tax Commissioner, as the case may be, of Bleckley County for collection of monies for school purposes shall not exceed the following rates: Two and one-half percent on the first one hundred and twenty-five thousand dollars ($125,000.00) collected. One percent on the second one hundred and twenty-five thousand dollars ($125,000.00) collected. One-half of one percent on all amounts collected above two hundred and fifty thousand dollars ($250,000.00). The above schedule of rates shall apply to all collections of monies for school purposes including that collected for operation, maintenance, bond retirements, interest payments, and for any other school purpose of whatever name called. Should the Tax Collector or Tax Commissioner, as the case may be, of Bleckley County be changed from a fee to a salary, this provision shall become inoperative.
"The specifications 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 purposes of establishing and maintaining a comprehensive system of public education throughout the limits of Bleckley County.
"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 any general or special laws of the State."
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 con-

WEDNESDAY, FEBRUARY 6, 1952

1629

gressional district of this State, said amendment also to be advertised in a newspaper published in the City of Cochran having general circulation throughout Bleckley County, for two months next preceding the time of holding the next general election 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 publication provided for in Section 2 of this resolution, 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 V, Paragraph I, of the Constitution of Georgia, by adding new paragraphs authorizing the General Assembly to pass a special Act or Acts to merge the existing school system of the City of Cochran and the existing school district in the County of Bleckley lying outside the corporate limits of said city into one school district or system co-extensive with the limits of said county and to provide for a seven member County Board of Education elected by the Grand Jury, and for the appointment of the County School Superintendent by the Board"; 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 V, Paragraph I, of the Constitution of Georgia, by adding new paragraphs authorizing the General Assembly to pass a special Act or Acts to merge the existing school system of the City of Cochran and the existing school district in the County of Bleckley lying outside the corporate limits of said city into one school district or system co-extensive with the limits of said county and to provide for a seven member County Board of Education elected by the Grand Jury, and for the appointment of the County School Superintendent by the Board".
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 Bleckley County, vote in favor of the ratification of said proposed amendment, then said proposed amendment shall become a part of the Constitution of this State.
The returns of the election shall be made in like manner as returns of elections for members of the General Assembly; and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such proposed amendment be ratified, make proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker

Adams of Brantley Adams of Upson

Alverson Aycock

1630

JOURNAL OF THE HOUSE,

Ball
Barber of Colquitt
Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie

Hadden
Hall of Floyd
Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy
Murr Musgrove
Nelson Newman Nightingale Otwell Overby Owens Page

Parker
Peacock
Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Tovms Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

WEDNESDAY, FEBRUARY 6, 1952

1631

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville, Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 276-990a. By Messrs. Bell, Holley and Graham of Richmond:
A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-5901 so as to authorize The City Council of Augusta and Richmond Gounty to enter into contracts with each other, with individuals, private firms and corporations and with the Augusta-Richmond County Building Authority for the use of buildings and related facilities; to provide for the requirements under which such contracts may be entered into and that said contracts shall not constitute a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution and for other purposes.
Section 1.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-5901 shall be amended by adding at the end thereof a new paragraph to be appropriately lettered and worded as follows; to-wit:
Pursuant to provisions of the preceding paragraphs (a) and (b), The City Council of Augusta and Richmond County, Georgia, acting by and through their respective governing bodies are hereby authorized to enter into lease contracts and other agreements with each other and with individuals, private firms and corporations and with the Augusta-Richmond County Building Authority so as to acquire the use of buildings and related facilities for their respective governmental, proprietary and administrative functions and obligate said City and County to pay for the use of same from monies received from taxes and from any other source. Such contracts and agreements may be entered into upon the assent of a majority of the qualified voters of The City Council of Augusta and Richmond County, respectively, voting in an election for that purpose to be held as prescribed by law, and if so authorized same shall not create a debt of the respective subdivisions within the meaning of Article VII, Section VI, Paragraph I of this Constitution.
The rights and powers herein conferred upon The Gity Council of Augusta and Richmond County and their respective governing bodies

1632

JOURNAL OF THE HOUSE,

are self-executing and no Enabling Act of the General Assembly shall be necessary and are hereby made cumulative of and in addition to such other rights and powers as they may now or hereafter have under the Constitution or laws of this State.
Section 2.
Be it further enacted by the authority aforesaid that when said amendment shall be agreed to by a two-thirds vote of the members elected to each of the two Houses of the General Assembly, said amendment shall be entered on their journals with the "ayes" 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 the County of Richmond, for two months previous to the time of holding the next general election, to which members of the General Assembly are elected 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 ballot the words, "For ratification of an amendment to Article VII, Section VI, Paragraph I of the Constitution authorizing The City Council of Augusta and Richmond County to enter into contracts for the use of buildings and related facilities for their governmental, proprietary and administrative functions and the requirements precedent thereto and dealing with related matters", and all persons opposed to the adoption of said amendment shall have written or printed on their ballot, "Against ratification of an amendment to Article VII, Section VI, Paragraph I of the Constitution authorizing The City Council of Augusta and Richmond County to enter into contracts for the use of buildings and related facilites for their governmental, proprietary and administrative functions and the requirements precedent thereto and dealing with related matters", and 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 Richmond County, and also a majority of said electors voting thereon in The City Council of Augusta shall vote for ratification thereof when the returns shall be consolidated as required by law in elections for members of the General Assembly, t4e said amendment shall become a part of Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia and the Governor shall issue a proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson

Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers

Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy

WEDNESDAY, FEBRUARY 6, 1952

1633

Burkett
Byrd
Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield
Fears Freeman Gardner Garrard Gary
Gillis Gowen Graham Green of Cherokee
Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins

Huddleston
Ivey
Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey
McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey

Register
Risner
Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens
Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville, Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.

1634

JOURNAL OF THE HOUSE,

By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 280-997b. By Messrs. Nightingale and Gowen of Glynn:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia, authorizing Glynn County to levy a tax not to exceed one mill on all of the taxable property in the county for the purpose of creating and setting aside a fund to be used in assisting, promoting, and encouraging the location of new industries in Glynn County; and authorizing the Commissioners of Roads and Revenue of Glynn County to select a board of citizens from the county to sit with them and advise with them respecting the use, employment and distribtution of such funds; to provide for submission of the amendment for ratification by the people, and for other purposes.
Be it and it is hereby resolved by the General Assembly of Georgia;
Section 1.
That Article VII, Section IV, Paragraph I, Of the Constitution of the State of Georgia shall be amended by adding at the end of said paragraph the following language:
"Provided, however, that Glynn County is hereby authorized to levy a tax, in addition to those already provided for by law, not to exceed one mill, on all of the taxable property in the county, for the purpose of acquiring and creating a fund to be set aside and used exclusively in assisting promoting and encouraging the location of new industries in Glynn County; and the Commissioners of Roads and Revenue of said county are authorized to select a committee of citizens of the county to sit with them and advise in the handling and disbursement of such funds for the purpose stated."
Section 2.
That when said amendment shall be agreed to by a 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 "ayes" 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 the County of Glynn for two months prior to the time of holding the next general election, at which members of the General Assembly are elected, 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 VII, Section IV, Paragraph I, of the Constitution of the State of Georgia authorizing Glynn County to levy a tax not to exceed one mill to be used for locating new industries therein", and all persons opposed to the adoption of said amend-

WEDNESDAY, FEBRUARY 6, 1952

1635

ment shall have written or printed on their ballots the words "Against ratification of amendment to Article VII, Section IV, Paragraph I, of the Constitution of the State of Georgia authorizing Glynn County to levy a tax not to exceed one mill to be used in locating new industries therein". If a majority of the voters qualified to vote for the members of the General Assembly, voting at said election in the state as a whole, and also a majority of said voters voting thereon in Glynn 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 VII, Section IV, Paragraph I of the Constitution of the State of Georgia, and the Governor shall issue a proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baugman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee
Clark
Claxton
Coffin Cornelius Covington

Cranford Dally De en Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell
Harris Hawkins
Henderson Herrin Hilton

Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay
Mangum
Matthews
Mims Mishoe Mull

1636

JOURNAL OF THE HOUSE,

Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers

Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd

Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs.: Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville, Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.

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

On the adoption of the resolution, the ayes were 173, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 281-997c. By Mr. Mull of Fannin:
A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, relating to County Boards of Education, and Article VIII, Section VI, Paragraph I of the Constitution relating to County School Superintendent, so as to provide for the election of members of the County Board of Education of Fannin County by the people; to provide for their terms of office and qualifications; to provide for their election or appointment of the County School Superintendent by the County Board of Education; to provide for qualifications and term of office of the County School Superintendent; 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 as follows:
SECTION 1
Article VIII, Section V, Paragraph I of the Constitution of Geor-

WEDNESDAY, FEBRUARY 6, 1952

1637

gia of 1945, relating to County Boards of Education, is amended by adding at the end thereof the following:
"The members of the County Board of Education of Fannin Coun~ ty shall be elected by the people of the county living outside the area embraced within any independent school system. Not later than thirty days after the ratification of this amendment, it shall be the duty of the Ordinary of Fannin County to issue the call of an election for the purpose of electing by the qualified voters of Fannin County outside the area embraced within any independent school system, the members of the county board of education. The time of such election shall be set not less than thirty and not more than sixty days after the issuance of the call thereof by the ordinary. Such election shall be held in the same manner as elections for county officers are held.
"The board shall be composed of five freeholders; only one person shall be elected from any one militia district. At this election the member receiving the highest number of votes shall have a term which shall expire January 1, 1959. The two members receiving the next highest votes shall have a term expiring January 1, 1957, and the two members receiving the next highest votes shall have a term, expiring January 1, 1955. Thereafter, the terms of the members elected shall be six years each.
"In ease of a vacancy on said board by the death or resignation of a member, or from any other cause other than the expiration of such member's term of office, the remaining members of said board shall by secret ballot elect his successor who shall hold office for the unex~ pired portion of such member's term. From and after the ratification of the amendment, the grand jury of Fannin County shall make no further appointments of members of the county board of education, but the present members of the board may serve until their successors are duly elected as herein provided. No person shall be eligible to hold office as a member of the county board of education who lives within the territory embraced within any independent school system. 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. No person shall be eligible to hold office as a member of the Fannin County Board of Education who is not of good moral character, who has not completed elementary school or passed an equivalency examination, who is not a voter qualified to vote for members of the General Assembly."
SECTION 2
Article VIII, Section VI, Paragraph I of the Constitution of Georgia of 1945, relating to County School Superintendent, is hereby amended by adding to the end thereof a new paragraph to read as follows:
"The County School Superintendent of Fannin County shall be elected or appointed by the county board of education of Fannin County and shall serve for a term of four years. From and after the ratifica~ tion of this amendment the voters of Fannin County shall no longer elect the County School Superintendent of Fannin County but the present county school superintendent shall serve until his successor is chosen as herein provided, Before any person shall be qualified or eligi~ ble to hold office as County School Superintendent, he shall have had

1638

JOURNAL OF THE HOUSE,

at least three years of practical experience in school administration, and shall have graduated from an accredited college or university with a Bachelor's degree."
SECTION 3
When the above proposed constitutional 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 has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State for two months previous to the time of holding the next general election, at which election members of the General Assembly are elected, and the above proposed amendm,ent shall be submitted for ratification or rejection to the electors of this State.
All persons voting at said election in favor of adopting the proposed amendment to the Constitution shall have written or printed on their ballot the following:
"For ratification of amendment to Article VIII, Section V, Paragraph I, and Article VIII, Section VI, Paragraph I, so as to provide for the election of members to the County Board of Education of Fannin County, and to provide for the election or appointment of the County School Superintendent by the County Board of Education."
All persons opposing the adoption of said amendment shall have written or printed on their ballot the following:
"Against ratification of amendment to Article VIII, Section V, Paragraph I, and Article VIII, Section VI, Paragraph I, so as to provide for the election of members to the County Board of Education of Fannin County, and to provide for the election or appointment of the County School Superintendent by the County Board of Education."
If the people shall ratify such amendment by a majority of the electors in Fannin County and in the State of Georgia qualified to vote for members of the General Assembly, voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections of members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock

Ball Barber of Colquitt Barber of Jackson Barrett
Battles Baughman

Beasley Bell of DeKalb Bell of Richmond Bentley
Best Biggers

WEDNESDAY, FEBRUARY 6, 1952

1639

Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson

Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard

Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs. : Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville

L640

JOURNAL OF THE HOUSE,

(present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 282-997d. By Mr. Peacock of Dodge:

A RESOLUTION
Proposing to the qualified voters of Georgia an Amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, relating to county system of public schools, so as to authorize certain persons to divide Dodge County into five (5) school districts for the election by the people of members of the county board of education from such school districts; to provide for their qualifications, election and term of office; to provide that they shall appoint the county superintendent of schools; to provide for his qualifications, compensation and term of office; to provide that the present superintendent of schools and his duly elected and qualified successor shall not be affected by this amendment; to provide for future changes in the geographical limits of each school district; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.
Be it rcsc!,.ed by the General Assembly of Georgia as follows:
SECTION 1.
Article VIII, Section V, Paragraph I of the Constitution of Georgia, relating to county system of public schools, is hereby amended by adding a new paragraph thereto to read as follows:
"Provided, however, that it shall be the duty of the Judge and Clerk of the Superior Court and the Ordinary, of Dodge County, to divide Dodge County into five (5) school districts, to be known as School Districts Numbers 1, 2, 3, 4 and 5. Said Judge, Clerk and Ordinary shall be free to use their discretion in making such division and are further authorized and empowered to make any future changes in the geographical limits of each such district created as they shall from time to time deem necessary or desirable."
SECTION 2.
A majority of the qualified and registered voters voting in each such district created as hereinbefore provided for shall elect one member of the Dodge County Board of Education for that district. Only the qualified and registered voters in any one school district shall vote for the member to serve from that district, and no voter in any one district shall vote for or against a candidate of another district.
SECTION 3.
Each of the five ( 5) members elected as herein provided shall serve for a term of four ( 4) years and no person shall be eligible to hold office as a member of the county board of education who is not of good moral character, who is not favorable to the common school system, who

WEDNESDAY, FEBRUARY 6, 1952

1641

has not a fair knowledge of the elementary branch of an English education, who is not a voter qualified to vote for members of the General Assembly, and who does not reside in the school district from which he is elected. The members of the board of education shall be paid a per diem of $10.00 for each day's actual service out of the school fund appropriated to the county; and their accounts for service shall be submitted for approval.
SECTION 4.
Not less than 15 nor more than 30 days after the ratification of this amendment by the people it shall be the duty of the Ordinary of Dodge County to call an election for the purpose of electing by the qualified voters of each school district, as herein provided, a member for each of such districts. Such election shall be held not less than 15 nor more than 30 days after the call of said election. It shall be the duty of the Ordinary to publish the date of the election and the purpose thereof once a week for two weeks in a newspaper of general circulation in the County of Dodge. The members of the Board of Education who are elected at that time shall hold office until their successors are elected and qualified at a special election called for that purpose. After the ratification of this amendment, the Grand Jury of Dodge County shall make no further appointments of members of the County Board of Education, but the present members shall serve until their successors are elected and duly qualified as above provided.
SECTION 5.
A majority of the board members shall elect the Dodge County Superintendent of Schools, whose qualifications and compensation shall be the same as is now or hereafter provided by law for county school superintendents. Said superintendent shall serve at the pleasure of the board.
SECTION 6.
Nothing herein contained shall affect the term of office of the present Superintendent of Schools in Dodge County, but he shall serve out his term as before; nor shall anything herein contained affect the term of office of any person who has been duly elected and duly qualified for the term of office of the Dodge County Superintendent of Schools, which term is to begin in 1953; provided that in case no one is duly elected and qualified for the said term of office beginning in 1953, the Board of Education, as herein provided for, shall by majority vote appoint a Superintendent of Schools to serve at their pleasure. Thereafter all elections of the Dodge County Superintendent of Schools shall be by the Board as herein provided for.
SECTION 7.
When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two Houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor 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 the area to be directly affected thereby for two months previous to the time of holding the next general election, at which election members of the General Assembly are elected and the

1642

JOURNAL OF THE HOUSE,

above proposed amendment shall be submitted for ratification or rejection to the electors of this State.
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 following:
"For ratification of Amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, authorizing the Judge and Clerk of the Superior Court and the Ordinary of Dodge County to divide Dodge County into five ( 5) school districts; providing for any future changes in such districts; providing for election by the people of each district of one member of the Board of Education for each such district; providing for the qualifications and compensation of such members; providing for the call of an election; providing that the Board so constituted shall elect the Dodge County Superintendent of Schools; providing for his qualifications and compensation; providing that this amendment shall not affect the present Superintendent or his duly elected and qualified successor."
All persons opposing the adoption of said amendment shall have written or printed on their ballots the following:
"Against ratification of amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, authorizing the Judge and Clerk of the Superior Court and the Ordinary of Dodge County to divide Dodge County into five (5) school districts; providing for any future changes in such districts; providing for election by the people of each district of one member of the Board of Education for each such district; providing for the qualifications and compensation of such members; providing for the call of an election; providing that the Board so constituted shall elect the Dodge County Superintendent of Schools; providing for his qualifications and compensation; providing that this amendment shall not affect the present Superintendent or his duly elected and qualified successor."
If the people shall ratify such amendment by a majority of the electors qualified to vote voting thereon in both the State as a whole and in the area directly affected thereby, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections 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.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock

Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman

Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers

WEDNESDAY, FEBRUARY 6, 1952

1643

Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins
Henderson

Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard

Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs. : Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville

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JOURNAL OF THE HOUSE,

(present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 173, nays 0.
The resolution, having 1eceived the requisite two-thirds constitutional majority, was adopted.

The following bill of the Senate was again taken up for consideration:

SB 254. By Senator Coleman of the 18th:
Constitutional amendment authorizing the combination of the City of Augusta Board of Health with the Richmond County Board of Health.
An Act to propose to the qualified voters of Georgia and to the voters in the area affected, an amendment to Article VI, Section 1, Paragraph VI, of the Constitution of Georgia so as to authorize Richmond County and the City Council of Augusta to regulate the public health of said City and County by and through "the Richmond County Department of Health", and to ratify, validate and confirm the original and amendatory Acts of the General Assembly heretofore enacted with respect to the Richmond County Department of Health, more particularly set forth and described hereafter, and to ratify, validate and confirm all of the rules, regulations and ordinances adopted and promulgated pursuant to said Acts of the General Assembly and pursuant to the authority therein contained; and to provide for the submission of the proposed amendment for ratification by the people; and for other purposes:
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that Article XI, Section 1, Paragraph VI of the Constitution of the State of Georgia as the same has heretofore been amended, revised or changed, by further amending and adding at the end thereof a new paragraph to bear the appropriate sub-paragraph number, as follows:
"And except that the County of Richmond and the City Council of Augusta may regulate the public health of said County and City by and through a combined or joint Board of Health to be known as the 'Richmond County Department of Health', as heretofore created and existing under and by virtue of an Act of the General Assembly of Georgia, entitled:
"An Act to repeal an Act entitled, 'An Act to authorize the City Council of Augusta to create a Board of Health for said City', approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 15, 1922, and amended August 2, 1924, to combine the Board of Health of the City of Augusta with the Board of Health for Richmond County, Georgia, and said combined Body to be known as the 'Richmond County Department of Health', the jurisdiction of said body to extend over both the city and county, and for other purposes." (Ga. Laws, 1931, pages 660-673, inclusive), as amended by an Act entitled:
"An Act to amend an Act entitled, 'An Act to repeal an Act en-

WEDNESDAY, FEBRUARY 6, 1952

1645

titled 'An Act to authorize the City Council of Augusta to create a
board of health for said city', approved February 26, 1877; amended August 23, 1879; amended December 8, 1880; amended August 15, 1922, and amended August 2, 1924; to combine the board of health of the City of Augusta with the board of health for Richmond County, and said combined body to be known as the 'Richmond County Department of Health', the jurisdiction of said body to extend over both the city and the county, and for other purposes;' so as to more clearly distinguish between the Richmond County Board of Health and the Richmond County Department of Health; and to amend the pension rules set forth in said Act; and for other purposes." (Ga. Laws, 1933, pages 861-866, inclusive), as amended by an Act entitled:

"An Act to amend an Act entitled: 'An Act to repeal an Act entitled, 'An Act to authorize the City Council of Augusta to create a Board of Health for said city', approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 23, 1922, and amended August 2, 1924; to combine the Board of Health of the City of Augusta with the Board of Health for Richmond County, and said combined body to be known as the 'Richmond County Department of Health', the jurisdiction of said body to extend over both the city and county; and for other purposes', approved August 22, 1931, so as to repeal to section 4 of said Act which prohibits members of the County Board of Health from receiving a salary; and to fix a salary of per diem for the members of said board; and for other purposes." (Georgia Laws, Extra Session, 1937-1938, pages 936-937, as amended by an Act entitled:

"An Act to amend the Act approved August 22, 1931 (Georgia Laws 1931, pages 660-673), said Act being entitled: 'An Act to repeal an Act entitled, 'An Act to authorize The City Council of Augusta to create a Board of Health for said City', approved February 26, 1877, amended August 23, 1879, amended December 8, 1880, amended August 15, 1922, and August 2, 1924; to combine the Board of Health of the City of Augusta with the Board of Health for Richmond County, and said combined Body to be known as the 'Richmond County Department of Health', and for other purposes', so as to provide a retirement system and pension fund for the employees of the Board of Health and/or the Department of Health of Richmond County; to require that three (3%) per centum of the salary, wage or remuneration of each employee of said Board of Health be deducted from his pay and paid into said fund as part thereof; to require said Board of Health and/or Department of Health of Richmond County to pay into said fund as part thereof a sum equal to the amount deducted from its employees' salaries, wages or remuneration; to provide authority for said Board of Health and/or Department of Health of Richmond County to increase or reduce from time to time such withholdings from such employees' salaries, wages or remuneration and to increase or reduce from time to time the sum to be paid by said Board of Health and/or Department of Health of Richmond County in matching said withholdings from such employees' salaries, wages or remuneration; to provide and require that the sums of money to be paid into said pension fund by said Board of Health and/or Department of Health of Richmond County to be entered
into and made a part of the annual budget of the Board of Health of
Richmond County and said sums to be paid over to said Board of Health
by The City Council of Augusta and Richmond County on the per

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centage basis as other appropriations now made by said City and County; to provide for the method of retirement and pension of said employees of said Board of Health and/or Department of Health of Richmond County; to provide for said retired employees to be paid from the employees pension fund of said Board of Health; to provide for total and permanent disability and temporary disability pensions; to provide for punishment under the criminal laws of Georgia for persons who violate the terms of this Act; to repeal all laws in conflict herewith, and for other purposes." (Georgia Laws, 1945, pages 963977, inclusive). Said Acts and any and all other Acts that have been passed by the General Assembly of the State of Georgia, repealing, modifying, or changing said Acts, in whole or in part, together with all rules, regulations and ordinances promulgated thereunder, be and the same are ratified, validated and confirmed, as of the respective dates of the passage and enactment of said Acts, rules, regulations and ordinances. The General Assembly of Georgia may hereafter modify, repeal, or abolish altogether, or change the jurisdiction and any or all of the powers, privileges, conditions, restrictions and remedies, in whole or in part, which have heretofore or may be hereafter enacted or passed relating to or having been passed by said Richmond County Board of Health.
SECTION 2. Be it further enacted by the Authority aforesaid, that whenever the proposed amendment set forth in Section 1 shall have been agreed to by two-thirds (2/3) of the members elected to the Senate and House of Representatives of the General Assembly of Georgia, and the same has been entered on their journals with the yeas and nays taken thereon, said General Assembly shall 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 said amendment shall also be advertised in the area affected thereby, that is in Richmond County, and the City of Augusta, Georgia.
SECTION 3. Be it further enacted by the Authority aforesaid, that the proposed amendment shall be submitted for ratification or rejection to the qualified voters of the State and of the area affected thereby at the next general election to be held after the publication as provided for in this Act, and each and every person shall be qualified to vote who is qualified to vote for members of the General Assembly. All electors voting at said election in favor of adopting the proposed amendment shall have printed or written on their ballots the words:
"For ratification of amendment to Article XI, Section 1, Paragraph VI of the Constitution of 1945, authorizing a combined Board of Health for the City of Augusta and Richmond County, known as the Richmond County Board of Health."
And all persons opposed to the adoption of said amendment shall have printed or written on their ballots the words,
"Against ratification of amendment to Article XI, Section 1, Para- graph VI of the Constitution of 1945, authorizing a combined Board of Health for the City of Augusta and Richmond County, known as the Richmond County Board of Health."
SECTION 4. Said amendment shall become a part of the constitution if it receives both a majority of the votes of the electors qualified

WEDNESDAY, FEBRUARY 6, 1952

1647

to vote and voting thereon in the State as a whole, and receives a majority of the votes of the electors qualified to vote and voting thereon in Richmond County and the City of Augusta, the particular subdivisions affected. That returns of the election shall be made in the like manner as returns for 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, enact proclamation thereon.
SECTION 5. Be it further enacted by the Authority aforesaid, that 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, was agreed to.
On the passage of the bill, the roll was called and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley
Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee Clark Claxton Coffin
Cornelius
Covington
Cranford Dally

Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley
Hollis
Hood Hopkins

Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy
Murr Musgrove
Nelson Newman Nightingale

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Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin

Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley Terry Tillman Tippins Todd Trapnell Tumlin

Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs. : Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville (present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 173, nays 0.
The bill, having received the requisite two-thirds constitutional majority, was passed.

The following resolutions of the House were taken up for consideration and read the third time:

HR 259-943a. By Messrs. Bolton and Harper of Spalding:

A RESOLUTION
To propose to the qualified voters of the State of Georgia the following amendments of the Constitution of Georgia:
To amend Article VIII, Section V, Paragraph 1 of the Constitution by repealing the Constitutional Amendment ratified at the General Election held on November 2, 1948, (Georgia Laws 1947, pages 17601-2-3-4), relating to appointment of the Spalding County School Superintendent and election of the members of Spalding County Board of Education, and other matters pertaining to the Spalding County School System; and to further amend Article VIII, Section V, Paragraph 1 of the Constitution of Georgia, so as to provide for the merger of the existing school system and school district of the City of Griffin and the existing school district in the County of Spalding lying outside the corporate limits of said City, into one school district co-extensive with the limits of Spalding County, and to provide for a board of education

WEDNESDAY, FEBRUARY 6, 1952

1649

for such consolidated school system; to authorize the said GriffinSpalding County School System and District to incur bonded indebtedness for constructing, erecting, enlarging, repairing and improving necessary school buildings and for acquiring the necessary property therefor; and to authorize the General Assembly of Georgia to enact such laws and legislation as may be necessary to the operation, conduct and control of said system of public schools and its fiscal affairs, including the right and authority to create indebtedness, and to enable said Griffin-Spalding School System to contract, and be contracted with, to appoint and employ teachers and to fix their salaries, and to do all and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Spalding County, and to effectuate the purposes of this amendment; and to further amend Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide that the Board of Commissioners of the City of Griffin and the Commissioners of Roads and Revenues of Spalding County shall appoint the initial membership of the Griffin-Spalding County Board of Education, and to provide that said Board of Education shall have authority to operate said school system pending the enactment of enabling Legislation; and for other purposes; and to amend Article VIII, Section VI, Paragraph 1 of the Constitution of Georgia, so as to provide for the selection and appointment of a Superintendent of the Griffin-Spalding County School system, the term of office, qualifications and salary of said Superintendent, and for other purposes.
SECTION 1.
BE IT RESOLVED by the General Assembly of Georgia that Article VIII, Section V, Paragraph 1 of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof a new paragraph to read as follows:
"That the Constitutional Amendment ratified at the General Election held November 2, 1948 (Georgia Laws 1947, pages 1760-1-2-3-4); said amendment providing in substance for the division of Spalding County into School Districts, election of members of the County Board of Education and their terms of office, election and appointment of a superintendent and prescribing his qualifications and terms of office, be and the same is hereby repealed in its entirety. The effective date of this amendment shall be January 1, 1953."
SECTION 2.
BE IT RESOLVED by the General Assembly of Georgia that Article VIII, Section V, Paragraph 1 of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof certain new paragraphs to read as follows:
"That the existing independent school system of the City of Griffin and the existing school system in the County of Spalding outside the corporate limits of said City are hereby merged into one school district co-extensive with the limits of Spalding County, and the said existing independent school system of the City of Griffin and the school system of said county outside the corporate limits of said City of Griffin are hereby abolished. Said merged school systems and districts shall constitute a new school system and district and shall constitute a political subdivision of the State of Ge01gia, separate from the political entities of the City of Griffin and the County of Spalding and shall

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be known as the Griffin-Spalding County School System.
"The school system so created is authorized to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings, and for acquiring the necessary property therefor.
"The said Griffin-Spalding County School System is hereby vested with the power to conduct a system of public education throughout the limits of said County, and with all powers and authority granted to public school systems and districts by the Constitution and laws of the State of Georgia.
"The administration of said Griffin-Spalding County School System shall be vested in a Board to be known as the Griffin-Spalding County Board of Education. Said Board shall have the power to employ and fix the salaries of any and all personnel necessary to effectuate the purposes of this amendment. Said Board shall consist of ten members, five of whom shall be elected within the City of Griffin by a majority vote of the qualified voters of said City voting at the election for board members, and five of said members to be elected in that portion of Spalding County lying outside the corporate limits of the City of Griffin by a majority vote of the qualified voters of said portion of Spalding County voting at the election for board members.
"The initial membership of the said Board of Education shall be appointed within five (5) days after the effective date of this amendment by the Board of Commissioners of the City of Griffin and the Commissioners of Roads and Revenues of Spalding County, five from within the corporate limits of the City of Griffin and five residents of said County residing outside of the said corporate limits, and each member shall be appointed for a term of one year, and such members shall serve until their successors are elected and qualified as herein provided."
"With respect to the initial operations of the school system herein created the Griffin-Spalding County Board of Education shall exercise all powers necessary in order to effectuate the purposes of this amendment until such time as the General Assembly shall enact the necessary enabling legislation implementing the provisions of this amendment.
"The General Assembly shall have authority to create and establish districts within that portion of Spalding County, Georgia, lying within the corporate limits of the City of Griffin, and, likewise, within that portion of Spalding County lying outside the corporate limits of the City of Griffin from which the respective board members shall qualify for election, and shall have authority to provide for the number of such districts and to fix the boundaries thereof, and to fix the time, place, and method of electing such members and the method of filling vacancies on said board. The General Assembly shall fix and stagger the terms of office of such members for any period not exceeding four years."
"The General Assembly is authorized to pass such laws and legislation as may be necessary to the operation, conduct and control of said Griffin-Spalding County School System and its fiscal affairs, including the right and authority to create indebtedness, not in conflict with the Constitution of Georgia, and to enable said Griffin-Spalding County

WEDNESDAY, FEBRUARY 6, 1952

1651

School System to contract, and be contracted with, and to do all and every act or acts necessary for the proper maintenance of a comprehensive school system throughout the limits of Spalding County, and to effectuate the purposes of this amendment.
"The General Assembly may authorize the City of Griffin and the County of Spalding to appropriate money from their general funds to the said Board of Education for educational purposes and may grant un1;o said Board of Education all the powers of eminent domain with all the remedies to execute such powers provided by any other laws of Georgia.
"The property of the independent school system of the City of Griffin and the property of the Spalding County School District outside the corporate limits of the City of Griffin shall become the property of the Griffin-Spalding County School System as of the effective date of this amendment.
"The specification of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers granted herein 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 Spalding County.
"The effective date of this amendment shall be January 1, 1953."
SECTION 3.
BE IT RESOLVED by the General Assembly of Georgia that Article VIII, Section VI, Paragraph 1 of the Constitution of Georgia be and the same is hereby amended by adding at the end thereof the following provision, to-wit:
"That from and after the effective date of this Amendment, the Superintendent of the Griffin-Spalding County School System shall be selected or chosen by the Board of Education of the Griffin-Spalding County School System. Said Superintendent shall hold his office at the pleasure of said Board of Education, his salary shall be fixed by said Board, and he shall have such qualifications as may be fixed by law. The General Assembly may, by local act, change, alter and prescribe the qualifications of said Superintendent. The effective date of this amendment shall be January 1, 1953."
SECTION 4.
BE IT FURTHER ENACTED by the authority aforesaid, that whenever the above proposed amendments 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 amendments to be published in one or more newspapers in each Congressional district of this State, said amendments also to be advertised in a newspaper published in the City of Griffin having general circulation through Spalding County, for two months next preceding the time of holding the next general election at which members of the General Assembly are chosen.

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SECTION 5.
BE IT FURTHER ENACTED by the authority aforesaid that the above proposed amendments 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 publication provided for in Section 3 of this resolution, 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 amendments to the Constitution shall have written or printed on their ballots the words: "For ratification of amendments to Article VIII, Section V, Paragraph 1, and to Article VIII, Section VI, Paragraph 1, of the Constitution of Georgia, merging the independent school system of the City of Griffin and the existing school system in Spalding County outside the corporate limits of Griffin into one school district co-extensive with the limits of Spalding County, and providing for the appointment and election of the Griffin-Spalding County Board of Education, consisting of ten members, for said system, and providing for the appointment of a Superintendent for said merged school systems;" and all persons opposed to the adoption of said amendments shall have written or printed on their ballots the words: "Against ratification of amendments to Article VIII, Section V, Paragraph 1, and to Article VIII, Section VI, Paragraph 1, of the Constitution of Georgia, merging the independent school district of the City of Griffin and the existing school district in Spalding County outside the corporate limits of Griffin into one school district co-extensive with the limits of Spalding County, and providing for the appointment and election of the Griffin-Spalding County Board of Education, consisting of ten members, for said system, and providing for the appointment of a Superintendent for said merged school systems."
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 Spalding County, vote in favor of the ratification of said proposed amendments, then said proposed amendments shall become a part of the Constitution of this State, and effective January 1, 1953.
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 amendments be ratified, make proclamation thereof.

The following amendment was read and adopted:
The Committee on Amendments to the Constitution #2 moves to amend
HR 259-943a by:
Striking from the title of the 1esolution the words:
"And to further amend Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide that the Board of Commissioners of the City of Griffin and the commissioners of roads and revenue of Spalding County shall have the authority to operate the Griffin-Spalding County School System and District

WEDNESDAY, FEBRUARY 6, 1952

1653

pending the enactment of enabling legislation by the General Assembly".,
And substituting in lieu thereof the following words in said title:
"and to further amend Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide that the Board of Commissioners of the City of Griffin and the Commissioners of Roads and Revenues of Spalding County shall appoint the initial membership of the Griffin-Spalding County Board of Education, and to provide that said Board of Education shall have authority to operate said school system pending the enactment of enabling Legislation; and for other purposes."
And by:
Striking the 5th quoted paragraph of Section 2 of said Act in its entirety and substituting in lieu thereof the followi.ng:
"The initial membership of the said Board of Education shall be appointed within five (5) days after the effective date of this amendment by the Board of Commissioners of the City of Griffin and the Commissioners of Roads and Revenues of Spalding County, five from within the corporate limits of the City of Griffin and five residents of said County residing outside of the said corporate limits, and each member shall be appointed for a term of one year, and such members shall serve until their successors are elected and qualified as herein provided."
And by:
Striking from the 7th quoted paragraph of Section 2 thereof the words:
"and to fix and stagger the terms of office of such members for any period not exceeding four years",
and by:
Inserting the following sentence at the end of the 7th quoted paragraph, as above amended, of Section 2:
"The General Assembly shall fix and stagger the terms of office of such members for any period not exceeding four years."
And by:
Striking the first quoted paragraph of Section 3 of said resolution in its entirety and substituting in lieu thereof the following:
"That from and after the effective date of this Amendment, the Superintendent of the Griffin-Spalding County School System shall be selected or chosen by the Board of Education of the Griffin-Spalding County School System. Said Superintendent shall hold his office at the pleasure of said Board of Education, his salary shall be fixed by said Board, and he shall have such qualifications as may be fixed by law. The General Assembly may, by local act, change, alter and prescribe the qualifications of said Superintendent. The effective date of this amendment shall be January 1, 1953."

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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 was called and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally Deen Denton Dews Dicus Dorsey Duncan Durden Durham Edenfield Fears Freeman

Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens Knight
Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little

McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton
Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin

WEDNESDAY, FEBRUARY 6, 1952

1655

Tarpley Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey

Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White

Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those n'ot voting were Messrs. :Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville, Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the Resolution, as amended, the ayes were 173, nays 0.
The Resolution having received the requisite two-thirds constitutional majority was adopted, as amended.

HR 215-830f. By Messrs. Perkins and Duncan of Carroll:
A RESOLUTION
Proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, so as to provide for the division of Carroll County into school districts, and for the election by the people of members of the county board of education from such school districts; to provide for their terms of office and qualifications; to provide for local boards of trustees in each of the schools of Carroll County; to provide for the terms of office and the qualifications of the local boards of trustees of Carroll County; to provide for the method, time and place of election of local trustees by the people of each school area; to provide that the County School Superintendent shall be elected by the Board; to provide for the submission of this amendment for ratification or rejection by the people; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA AS FOLLOWS:
SECTION L
Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945 be and the same is hereby amended by adding at the end thereof a new paragraph as follows:
"The members of the County Board of Education of Carroll County shall be elected by the people at the same time and for the same term that other county officers of Carroll County are elected and qualified. It shall be the duty of the Ordinary of Carroll County to call an election for the purpose of electing by the qualified voters of each school district, as defined herein, a member of the county Board of Education from that school district, such call for election shall be issued not less than 20 nor more than 30 days after ratification of this amendment

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and such election shall be held not less than 15 nor more than 20 days. after the call of such election. It shall be the duty of the Ordinary to publish the date of the election and the purpose of the election for two weeks in a newspaper of general circulation in the County of Carroll. The members of the board of education who are elected at that time shall hold office until their successors are elected and qualified. Vacancies shall be filled by special election and it shall be the duty of the Ordinary of Carroll County to call such election in accordance with and in the same manner as elections are called to fill vacancies in the office of clerks of superior court, as now provided by law. The County of Carroll shall be and the same is hereby divided into seven (7) school districts to be numbered and comprised as follows:
(1) The First School District shall be composed of the 642, 1122 and 542 Georgia Militia Districts.
(2) The Second School District shall be composed of the 729, 1541, 1297, 682 and 1483 Georgia Militia Districts and that part of the Georgia Militia District 714, bounded on the east by Georgia Militia Districts 729 and 1122; on the North by U. S. 78 Alternate Highway, running eastward from the City Limits of Carrollton, to the Georgia Militia District 1122 line; on the west by the City Limits of Carrollton, and the Central of Georgia Railroad, running southeast down the Central of Georgia Railroad to the line of Georgia Militia District 1483; on the south by Georgia Militia District 1483.
(3) Roopville
The Third School District shall be composed of the 1163, 713, 1533 Georgia Militia Districts and that part of Georgia Militia District 714, bounded on the east by the Central of Georgia Railroad and Georgia Militia District 1483; on the south by Georgia Militia Districts 1163 and 713; on the west by the Little Tallapoosa River and on the north by the City Limits of Carrollton and U. S. Highway 78, Alternate, running from the Carrollton City Limits, westward, to the Tallapoosa River.
(4) Bowdon
The Fourth School District shall include Georgia Militia Districts 1310, 1527, 1111 and that part of Georgia Militia District 714, bounded on the west by 1527 and 1371 Georgia Militia Districts; on the north by U. S. Alternate Highway, from the Tallapoosa River to Georgia Militia District 1371 line; on the east by the Little Tallapoosa River and on the south by the Tallapoosa River and Georgia Militia District 1527.
(5) The Fifth School District shall include the 1371 and 1006 Georgia Militia Districts.
(6) Mount Zion
The Sixth School District shall be composed of the 1436, 1240, 1496 Georgia Militia Districts and that part of Georgia Militia District 714, bounded on the south by U. S. Alternate Highway 78, runing from the City Limits of Carrollton, westward, to the Georgia Militia District line 1371, on the east by the City Limits of Carrollton and U. S. Highway 27, running north from the City Limits of Carrollton to the Little Tallapoosa River, then running up the Little Tallapoosa

WEDNESDAY, FEBRUARY 6, 1952

1657

River to the Georgia Militia District 649 line; on the north by Georgia Militia Districts 1152, 124, 649, 1496; on the west by Georgia Militia District 1371.
(7) Temple
The Seventh School District shall be composed of the 1152, 649 Georgia Militia Districts and that part of Georgia Militia District 714, bounded on the north by Georgia Militia District 649; on the west by the Little Tallapoosa River and that part of U. S. Highway 27, south of the Little Tallapoosa River; between the City Limits of Carrollton and the Little Tallapoosa River; on the east by Georgia Militia District 1122 and on the south by the City Limits of Carrollton and U. S. Alternate Highway 78, running east to the 1122 Georgia Militia District line.
One member from each of the foregoing school districts of Carroll County shall be elected to serve on said county Board of Education and only the registered and qualified voters in each of said school districts shall vote for the election of a member from that school district. That from and after the ratification of this amendment the grand jury of Carroll 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 Board of Education who is not of good moral character, who is not favorable to the common school system, who has not at least a fair knowledge of the elementary branch of an English education, who is not a voter qualified to vote for members of the General Assembly, and who does not reside in the school district from which he is elected. There is hereby created for each school in each of the aforesaid school districts of Carroll County a local board of trustees composed of three members who shall have the same qualifications as the members of the Carroll County Board of Education, except that to be qualified to serve on a local school board of trustees a person must live in the attendance area of the school of which he is elected trustee. A call for election of local school trustees of Carroll County following ratification of this amendment shall be issued by the Ordinary of Carroll County at the same time that a call for election of Carroll County school board members shall be issued and the election of local trustees shall be 'held not less than 15 nor more than 20 days after the call of such election. Such elections shall be held at each school house in each of the foregoing 7 school districts of Carroll County in accordance with and in the same manner as now provided by law for special elections. Candidates for the office of local trustees shall qualify with the Ordinary of Carroll County 10 days before the election date. Local school trustees elected at any election following the ratification of this amendment shall take office on January 1 of the following year. It shall be the duty of the Ordinary of Carroll County to call an election to be held on the first Tuesday in December, 1956 to elect the successors to the local school trustees elected at the first election following the ratification of this amendment. And after the election held on the first Tuesday on December, 1956 it shall be the duty of the Ordinary of Carroll County to call an election every 4 years for the election of local school trustees in Carroll County. In the event of a vacancy on any local boards of school trustees in Carroll County the Carroll County Board of Education shall elect by majority vote a trustee to fill the unexpired term.

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Upon election the local trustees shall be commissioned in the same manner as now provided by law. The Carroll County Commissioner of Roads and Revenues is hereby given power to levy and collect taxes to cover the expenses of holding the elections of County School Board Members and local trustees. Such local trustees shall have the same power, duties and functions as now provided by existing law. There shall be a County School Superintendent. He shall be elected by the County Board of Education and his term shall be 4 years and run concurrently with other county officers. The qualifications and salary of the County School Superintendent shall be fixed by the County Board of Education provided, however, that the County School Superintendent elected in the general election of 1952 shall serve until the expiration of his term at which time the school superintendent shall be elected in accordance with the provisions of this amendment."
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 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 to the people for ratification or rejection. All persons voting in said election if 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 I, Section V, Article VIII of the Constitution dividing Carroll County into school districts and providing for the election by the people of members of the Carroll County Board of Education by such Districts and election of the County School Superintendent by the board;" 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 I, Section V, Article VIII of the Constitution dividing Carroll County into school districts and providing for the election by the people of members of the Carroll County Board of Education by such Districts and election of the County School Superintendent by the 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 Carroll 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 State to ascertain the results and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
The following amendment was read and adopted:
Messrs. Duncan and Perkins of Carroll move to amend HR 215-830F by striking from line eight of the caption the words "school districts" and inserting in lieu thereof the word "schools". By adding to line ten of the caption, after

WEDNESDAY, FEBRUARY 6, 1952

1659

the words "Carroll County", the following sentences: "To provide for the method, time and place of election of local trustees by the people of each school area;" and by striking from section one the last paragraph of said section in its entirety and inserting in place thereof a new paragraph which shall read as follows:
"One member from each of the foregoing school districts of Carroll County shall be elected to serve on said county Board of Education and only the registered and qualified voters in each of said school districts shall vote for the election of a member from that school district. That from and after the ratification of this amendment the grand jury of Carroll 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 Board of Education who is not of good moral character, who is not favorable to the common school system, who has not at least a fair knowledge of the elementary branch of an English education, who is not a voter qualified to vote for members of the General Assembly, and who does not reside in the school district from which he is elected. There is hereby created for each school in each of the aforesaid school districts of Carroll County a local board of trustees composed of three members who shall have the same qualifications as the members of the Carroll County Board of Education, except that to be qualified to serve on a local school board of trustees a person must live in the attendance area of the school of which he is elected trustee. A call for election of local school trustees of Carroll County following ratification of this amendment shall be issued by the Ordinary of Carroll County at the same time that a call for election of Carroll County school board members shall be issued and the election of local trustees shall be held not less than 15 nor more than 20 days after the call of such election. Such elections shall be held at each school house in each of the foregoing 7 school districts of Carroll County in accordance with and in the same manner as now provided by law for special elections. Candidates for the office of local trustees shall qualify with the Ordinary of Carroll County 10 days before the election date. Local school trustees elected at any election following the ratification of this amendment shall take office on January 1 of the following year. It shall be the duty of the Ordinary of Carroll County to call an election to be held on the first Tuesday in December, 1956 to elect the successors to the local school trustees elected at the first election following the ratification of this amendment. And after the election held on the first Tuesday in December, 1956 it shall be the duty of the Ordinary of Carroll County to call an election every 4 years for the election of local school trustees in Carroll County. In the event of a vacancy on any local boards of school trustees in Carroll County the Carroll County Board of Education shall elect by majority vote a trustee to fill the unexpired term. Upon election the local trustees shall be commissioned in the same manner as now provided by law. The Carroll County Commissioner of Roads and Revenues is hereby given power to levy and collect taxes to cover the expenses of holding the elections of County School Board Members and local trustees". Such local trustees shall have the same power, duties and functions as now provided by existing law. There shall be a County School Superintendent. He shall be elected by the County Board of Education and his term shall be 4 years and run concurrently with other county officers. The qualifications and salary of the County School Superintendent shall be fixed by the County Board of Education provided, however, that the County School Super-

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intendent elected in the general election of 1952 shall serve until the expiration of his term at which time the school superintendent shall be elected in accordance with the provisions of this amendment.
The report of the Committee which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the roll was called and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Colquitt Barber of Jackson Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee Clark Claxton Coffin Cornelius Covington Cranford Dally Deen Denton Dews Dicus Dorsey Duncan Durden

Durham Edenfield Fears Freeman Gardner Garrard Gary Gillis Gowen Graham Green of Cherokee Green of Irwin Green of Rabun Greer Griffith Groover Guthrie Hadden Hall of Floyd Hall of Toombs Harper Harrell Harris Hawkins Henderson Herrin Hilton Holley Hollis Hood Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key Kidd King Kitchens

Knight Langdale Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little McCracken McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy Murr Musgrove Nelson Newman Nightingale Otwell Overby Owens Page Parker Peacock Perkins Pickard Pickett Pittard Ramsey Register Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Russell Scott Scoggin Simmons

WEDNESDAY, FEBRUARY 6, 1952

1661

Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarpley

Terry Tillman Tippens Todd Trapnell Tumlin Turk Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair

Warren Weems Wheeler White Wiggins Wilkes Williams of Cobb Williams of Houston Willingham Wood Wooten Wright

Those not voting were Messrs. : Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville (present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whitworth, Wilkinson, Willis, and Mr. Speaker.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, as amended, the ayes were 173, nays 0.
The resolution having received the requisite two-thirds constitutional majority was adopted, as amended.

Mr. Rogers of Heard asked unanimous consent that the following bill of the House be withdrawn from the Committee on Appropriations, read the second time and recommitted to the Committee on Appropriations:

HB 969. By Messrs. Rogers of Heard, Biggers of Meriwether, and others:
A bill to be entitled an Act to amend an Act so as to appropriate $100,000.00 to the Agriculture Department fo:!." the purpose of controlling rabies in wild animals, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on Appropriations, read the second time and recommitted to the Committee on Appropriations.

Mr. Alverson of Fulton gave notice that at the proper time he would move that the House reconsider its action in passing the following bill of the Senate:

SB 362. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to change the name of recorders court to the municipal court of Atlanta, 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 709. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and Smith of Emanuel:
A bill to be entitled an Act to amend an Act so as to change the time

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for filing returns under the Georgia Retailers' and Consumers' Sales and Use Tax Act, and for other purposes.

The following amendment was read and adopted:
The Committee moves to amend HB 709 by striking the words "15th day of the following month" in the caption thereof and by substituting in lieu thereof the words "20th day of the following month" in lieu thereof.
To amend section 1 (a) by striking the words "15th day of the month" in line v and 5 of section (a) and substituting in lieu thereof the "20th day of the month" in lieu thereof.
To amend section 2 of said act by amending section 19 of section 2 by striking the words "on the 15th day of each succeeding month" in line 4 of section 19 of section 2, and by substituting in lieu thereof the words "on the 20th day of each succeeding month."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker appointed as a Committee of Escort on the part of the House to escort Honorable James F. Byrnes the following: Messrs. Denton of Paulding, Byrd of Taylor, Vickers of Coffee, Beasley of Mcintosh, and Boone of Wilkinson.

Under the regular order of business the following bill of the House was taken up for consideration and read the third time:

HB 820. By Messrs. Claxton of Camden, Durden of Dougherty, and others:
A bill to be entitled an Act to amend an Act relating to the toll road from the Florida Line to St. Marys, and for other purposes.
The following committee substitute to HB 820 was read and adopted:
AN ACT
To amend an Act approved February 16, 1951 and published in Georgia Laws 1951, pages 149-156, entitled "Toll Road from Florida Line to St. Marys", being No. 135 (House Bill No. 180), so as to amend Section 1 of said Act to change the reading of the 9th line of said section, which is the 4th line of page 151 by striking the word "or" after the word "Georgia" and inserting the words "or to a point within two miles of the limits of said city, and from St. Marys, Georgia, or from a point within two miles of the limits of St. Marys to a point or points" so that said line as amended shall read, "and Florida to St. Marys, Georgia, or to a point within two miles of the limits of said city, and from St. Marys, or from a point within two miles of the limits of St. Marys, to places in the State of Georgia" and by amending Section 13 of said Act by adding a provision that said section shall never be construed so as to interfere with or prevent the reconstruction improvement or repair of United E:tates Route No. 17 or the construction, improvement, or repair of State Routes 99 and 40, or any State aid road

WEDNESDAY, FEBRUARY 6, 1952

1663

lying to the West of United States Highway 17; and for other purposes."
Be it enacted by the General Assembly and it is hereby enacted by authority of the same, that:
SECTION 1.
The Act of the General Assembly of Georgia approved February 16, 1951 and published in Georgia Laws 1951 pages 149-156 entitled "Toll Road from Florida Line to St. Marys" being No. 135 (House Bill No. 180), be and the same is hereby amended by amending Section 1 of said Act by striking the word "or" from the 9th line thereof and substituting the word "and" so that said line as amended shall read "and Florida to St. Marys, Georgia, or to a point within two miles of the limits of said City, and from St. Marys, Georgia, or from a point within two miles of the limits of St. Marys, to a point or points" so that said section as amended shall read: Section 1. That the State of Georgia does hereby consent to and authorize Fernandina Port Authority, a public body corporate and politic organized and existing under the laws of the State of Florida, or any public body corporate organized and existing under the laws of the State of Florida, or any public body corporate organized and existing under the laws of the State of Florida, which may hereafter be the statutory successor of said Fernandina Port Authority, to construct toll roads from the boundary line of the States of Georgia and Florida to St. Marys, Georgia, or to a point within two miles of the limits of said City and from St. Marys, Georgia, or from a point within two miles of the limits of St. Marys, to a point or points in Georgia not more than fifty miles north from the said boundary line. "Toll Roads" as used herein shall mean roads, bridges, ferries, causeways, approaches, fills, avenues of access and any other properties, real or personal, tangible or intangible, or any other purpose necessary or appurtenant thereto. The exact location of said toll road shall be determined by the said Fernandina Port Authority, but only upon the written consent and approval of the State Highway Department of Georgia, which written consent and approval said State Highway Department of Georgia is hereby authorized to give to said Fernandina Port Authority after consultation with the County Commissioners of the counties affected.
SECTION 3.
Be it further enacted by the authority aforesaid that Section 13 of said Act be amended by adding thereto the following: "Provided that this section shall never be construed so as to interfere with or prevent the reconstruction, improvement or repair of United States Routes No. 17 or the construction, improvement or repairing of State Routes 99 and 40, or any State aid road lying to the West of United States Highway 17.
SECTION 4.
This Act shall take effect immediately, the public welfare requiring it.
SECTION 5.
All laws and parts of laws in conflict are hereby repealed. The report of the committee, which was favorable to the passage of the

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bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Page of Chatham asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government:

SB 283. By Senator Grayson of the 1st:
A bill to be entitled an Act to amend an Act creating the commissioners of Chatham County, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government.

Under the regular order of business, the following resolution of the House was again taken up for consideration:

HR 79-361d. By Mr. Pickett of Pickens:
A resolution requesting compensation for damages to Willis Rackley, and for other purposes.
The following amendment was read and adopted:
Mr. Pickett of Pickens moves to amend HR 79-361d by striking therefrom in its entirety, the last paragraph, and substituting in lieu thereof the following:
"And that the State Highway Department is hereby directed to pay to the said Willis Rackley, the sum of $250.00 for the loss of said horse as above described."
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 89, nays 14. The resolution, having failed to receive the requisite constitutional majority, was lost.
Under the regular order of business, the following resolution of the House was taken up for consideration and read the third time:
HR 273-976c. By Messrs. Burkett and Vickers of Coffee:
A resolution requesting compensation for damages to Henry A. Wiggs, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, FEBRUARY 6, 1952

1665

Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 769. By Mr. McCracken of Jefferson:
A bill to be entitled an Act to amend an Act relating to school bus traffic regulations, and for other purposes.

The following amendment was read and adopted:
Mr. Nightingale of Glynn moves to amend HB 769 as follows:
From the title delete lines 13, 14, and 15, and in lieu thereof insert: "But does apply to private contract carriers;".
And delete from Section 1 beginning at line 13 thereof the words "while such conveyance" thru the words "other than school children" and inserting in lieu thereof the words "but does apply to private contract carriers".
And by striking all words after the word "practical" on line 28 of said section and inserting in lieu thereof the following: "provided, nevertheless, that this section shall not apply to any conveyance of a common carrier, but does apply to private contract carriers."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 112, nays 1.
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 and read the third time:

HB 996. By Messrs. Key of Jasper, Todd of Glascock, and others:
A bill to be entitled an Act to amend an Act so as to change the license
tax relating to corporations, and for other purpose.
The following committee substitute to HB 996 was read and adopted:
AN ACT
Known as the General Tax Act, approved March 28, 1935 (Ga. Laws 1935, p. 11), as amended, particularly by an Act approved February 19, 1951 (Ga. Laws 1951, p. 157), so as to make certain changes in the license or occupation tax relating to corporations; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia as follows:
SECTION 1
An Act entitled "An Act to annually, in addition to the ad valorem on real and personal property as now required by law, levy and collect a tax for the support of the State Government and public institutions; for educational purposes in instructing children in the elementary branches of an English education only; to pay the interest on the public debt; to pay maimed and indigent Confederate soldiers and widows of Confederate soldiers such amounts as are allowed them by law; to pay

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the public debt when due; to prescribe what persons, corporations, professions, business and property are liable to taxation; to prescribe the method of collecting and of receiving certain of said taxes; to prescribe questions to be propounded to taxpayers, and to provide penalties for violations thereof; and to repeal conflicting laws, and for other purposes.", approved March 28, 1935 (Ga. Laws 1935, p. 11), as amended, particularly by an Act approved February 19, 1951 (Ga. Laws 1951, p. 157), is hereby amended by striking paragraph 43 of Section 2, as amended, which paragraph relates to the license or occupation tax relating to corporations, and inserting in lieu thereof a new paragraph
43 to read as follows:

"Paragraph 43. Corporations, domestic and domesticated foreign. All corporations incorporated under the laws of Georgia, except those that are not organized for pecuniary gain or profit, and domesticated foreign corporations, in addition to all other taxes now required of them by law, are hereby required to pay each year an annual license or occupation tax as specified in the following scale:

Corporations With Net Worth Including Issued Capital Stock, Paid-in Surplus and Earned Surplus
Not exceeding $10,000

AMOUNT OF TAX $ 10.00

Over $ 10,000 and not exceeding

25,000

20.00

Over 25,000 and not exceeding

40,000

40.00

Over 40,000 and not exceeding

60,000

60.00

Over 60,000 and not exceeding

80,000

75.00

Over 80,000 and not exceeding

100,00

100.00

Over 100,000 and not exceeding

150,000

125.00

Over 150,000 and not exceeding

200,000

150.00

Over 200,000 and not exceeding

300,000

200.00

Over 300,000 and not exceeding

500,000

250.00

Over 500,000 and not exceeding

750,000

300.00

Over 750,000 and not exceeding 1,000,000

500.00

Over 1,000,000 and not exceeding 2,000,000

750.00

Over 2,000,000 and not exceeding 4,000,000

1,000.00

Over 4,000,000 and not exceeding 6,000,000

1,250.00

Over 6,000,000 and not exceeding 8,000,000

1,500.00

Over 8,000,000 and not exceeding 10,000,000

1,750.00

Over 10,000,000 and not exceeding 12,000,000

2,000.00

Over 12,000,000 and not exceeding 14,000,000

2,500.00

Over 14,000,000 and not exceeding 16,000,000

3,000.00

Over 16,000,000 and not exceeding 18,000,000

3,500.00

WEDNESDAY, FEBRUARY 6, 1952

1667

Over 18,000,000 and not exceeding 20,000,000 Over 20,000,000 and not exceeding 22,000,000 Over 22,000,000

4,000.00 4,500.00 5,000.00

"For the purpose of ascertaining the tax hereby imposed, the net worth of a corporation shall be presumed to be the net worth as disclosed on its books and as reflected on the report to be hereinafter annually filed by such corporation. Provided, however, that in the event the State Revenue Commissioner shall ascertain that the books of any corporation taxable hereunder or the return filed for any corporation reporting hereunder, as hereinafter provided, does not disclose the true net worth of such corporation, then in such event, the net worth of such corporation shall have such value as shall be fixed thereon by the State Revenue Commissioner from any information obtained by him from any source. The tax provided in this section shall be paid to the State Revenue Commissioner by each corporation taxable hereunder within ninety days next succeeding the due date of the same such due date is and is hereby declared to be ninety days next succeeding January first in each year.
"Be it further enacted by the authority aforesaid, that each domestic corporation shall, on or before the first day of January each year, make a report to the State Revenue Commissioner upon forms furnished by him, showing:
(a) the name of the corporation.
(b) The location of its principal offices.
(c) The name of the president, secretary, treasurer, and members of the board of directors, with post-office tddress of each.
(d) The date of annual election of officers.
(e) The amount of authorized capital stock, and the par value of each share.
(f) The amount of capital stock subscribed, the amount of capital stock issued and outstanding, the amount of capital stock paid up, and the amount of surplus and dividend profits.
(g) The nature and kind of business in which the corporation is engaged, and its place or places of business.
(h) The change or changes, if any, in the above particulars since the last annual report.
(i) And for corporations whose capital stock had no par value, a balance-sheet of the last day of the last fiscal or calendar year.
(j) Such report shall be signed and sworn to before any officer authorized to administer oaths, by the president, vice-president, secretary, treasurer, or general manager of the corporation, and forwarded to the State Revenue Commissioner.

(k) So long as national banking associations are exempt from the payment of the tax imposed under this section, State banks and trust companies shall likewise be exempt. This exemptiop shall apply only to trust companies as are engaged in commer-

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cial banking or receiving deposits.
(1) No income tax shall be required of domestic mutual fire-insurance companies chartered under the laws of the State of Georgia.
SECTION 2
All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 105, nays 3.
The bill, having received the requisite constitutional majority, was passed, by substitute.

The following resolution of the Senate was read and adopted:
A RESOLUTION
SR 109.
WHEREAS it has been the policy of the General Assembly for the most part while in attendance in Atlanta to take up abode in that hotel known as the Henry Grady, located at the corner of Cain and Peachtree Streets, and
WHEREAS this situation has existed for a great number of years to the satisfaction of both the hotel and members of the Legislature, and
WHEREAS heretofore of recent date the said Henry Grady Hotel has not made available sufficient reservations for rooms for the General Assembly, and especially on the week end of the 2nd of February some 40 to 50 members of the General Assembly although having made reservations prior to leaving for the week end were denied rooms, and those made available were made through doubling up, and
WHEREAS this body feels that if the Henry Grady Hotel is used as a general headquarters for the General Assembly that the General Assembly should be given priority on reservations of rooms, and
NOW THEREFORE, the General Assembly of Georgia does call on the management of the Henry Grady Hotel to correct the situation as described above, and respectfully urges said hotel that in the future legislators who make reservations should be given first priority during the sessions of the General Assembly without regard to conventions or otherwise.

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

HB 839. By Mr. Gowen of Glynn:
A bill to be entitled an Act to amend an Act creating the Georgia Historical Commission, and for other purposes.
The following amendment was read and adopted:

WEDNESDAY, FEBRUARY 6, 1952

1669

Mr. Gowen of Glynn moves to amend HB 839 by adding a paragraph before the repealing clause of said bill to read as follows:
"The State Budget Bureau is hereby authorized to make an allotment of funds annually from the emergency funds in an amount sufficient to meet the necessary operating cost of the Georgia Historical Commission in the discretion of the Budget Bureau".
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 3.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 840. By Mr. Gowen of Glynn: A bill to be entitled an Act to amend an Act by appropriating $250,000.00 to the Georgia Historical Commission, and for other purposes.
Mr. Gowen of Glynn moved that the bill be tabled. The motion prevailed and the bill was tabled.
HB 949. By Messrs. Rogers of Heard, Tamplin of Morgan, and others: A bill to be entitled an Act to provide for the control of rabies in wild animals, and for other purposes.
The following amendment was read and adopted: Mr. Clary of McDuffie moves to amend HB 949 by striking the words wherever they appear "poison" and "foxes or other". The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended. On the passage of the bill, as amended, the ayes were 110, nays 3. The bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Twitty of Mitchell moved that the House recede from its disagreement to Senate amendments 1, 3, 4, and 5 and agree to the amendments to the following bill of the House:
HB 29. By Messrs. Hand and Twitty of Mitchell, and others: A bill to be entitled an Act to provide for the construction and maintenance of turnpike projects, and for other purposes.
On the motion to recede and agree, the ayes were 113, nays 0.
The House receded from its disagreement, and agreed to Senate amendments 1, 3, 4 and 5 to HB 29.
The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

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HB 781. By Mr. Beasley of Mcintosh:
A bill to be entitled an Act to regulate the use of nets in dragging for shrimp in Georgia waters, and for other purposes.

The following Senate amendment to HB 781 was read:

Senator Gould, Senator Grayson, and Senator Edenfield move to amend HB 781, providing a numbered paragraph to be appropriately numbered and to read as follows:

"BE IT FURTHER ENACTED that before any sounds or inland waters on the Coast of Georgia be opened for commercial shrimping or fishing with power drawn nets for the purpose of taking shrimp or fish from said waters, that an election shall be first called in any one of said counties to determine the desire of the people of such county with respect to opening of said sounds and inland waters. Such election may be called at the instance of the State Game and Fish Commission, who in the event they deem it necessary to hold such an election, shall notify the Ordinary of any of said coastal counties of the intention to hold such election at least 60 days prior to the date of said election. At such election all persons shall be qualified to vote, who were qualified to vote at the last General Election for members of the General Assem-
bly. Said election shall be held in the same manner as elections are held in the respective counties for members of the General Assembly. At said election there shall be presented to the voters of said county the question to be determined as follows:

1. For opening of sounds to commercial fishing in

County, and against opening of sounds for commercial fishing

in

County.

In the event a majority of the voters voting in said election vote for the opening of the sounds, it shall be the duty of the State Game and Fish Commission to declare said sounds open for commercial shrimping and fishing. If a majority of the voters voting in said election vote against opening of the sounds for commercial fishing and shrimping, it shall be the duty of the State Game and Fish Commission to keep said sounds and inland waters closed to commercial fishing and shrimping, and to enforce said order. No such election shall be held in any county more than once in every two years. The expense of said election shall be born by the said counties wherein such election is held, and it shall be the duty of the governing authority of said counties to pay the expense of said election from the treasury of said county.

Mr. Langdale of Lowndes moved that the House disagree to the Senate amendment to HB 781.
On the motion, the ayes were 103, nays 0.
The Senate amendment was disagreed to.

Under the regular order of business, the following resolution of the House was taken up for consideration, and read the third time:

HR 245-927e. By Messrs. Matthews of Clarke, Tamplin of Morgan, and others:

WEDNESDAY, FEBRUARY 6, 1952

1671

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section II, Paragraph I, of the Constitution of the State of Georgia, so as to extend to the employees of the State, any department of the State, any State institution or political subdivisions of the State, and to the dependents and survivors of such employees, the basic protection accorded others by the Old Age and Survivors Insurance Program embodied under the Social Security Act (Act of Congress approved August 14, 1935, 49 Stat. 620, officially cited as the "Social Security Act", as such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth in Sub-Chapter A of Chapter 9 of the Federal Internal Revenue Code, as such Code has been and may from time to time be amended) , the General Assembly is authorized to enact such legislation as may be necessary to insure the coverage to employees of the State, any department of the State, any State institution or political subdivisions of the State, and the dependents and survivors of such employee under said Social Security Act as the same has been or may be amended and the Federal Insurance Contributions Act as the same has been or may be amended; and any provisions of this Constitution notwithstanding the State for and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized to enter into agreements with the Federal Security Administrator or other appropriate official of the United States Government under the provisions of said Social Security Act as the same has been or may hereafter be amended in the manner as provided therein and as provided by the General Assembly; to provide for the submission of this 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 1.
That Article VII, Section II, Paragraph I, of the Constitution of Georgia, of 1945, be and the same is hereby amended by adding at the end thereof a new Sub-Paragraph as follows:
Sub-Paragraph 7-A. In order to extend to the employees of the State, any department of the State, any State institution or political subdivisions of the State, and to the dependents and survivors of such employees, the basic protection accorded others by the Old Age and Survivors Insurance Program embodied under the Social Security Act (Act of Congress approved August 14, 1935, 49 Stat. 620, officially cited as the "Social Security Act", as such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth in Sub-Chapter A of Chapter 9 of the Federal Internal Revenue Code, as such Code has been and may from time to time be amended), the General Assembly is authorized to enact such legislation as may be necessary to insure the coverage to employees of the State, any department of the State, any State institution or political subdivisions of the State, and the dependents and survivors of such employees under said Social Security Act as the same has been or may be amended and the Federal Insurance Contributions Act as the same has been or may be amended; and any provisions of this Constitution notwithstanding the State for and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized to enter into agreements with

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the Federal Security Administrator or other appropriate official of the United States Government under the provisions of said Social Security Act as the same has been or may hereafter be amended in the manner as provided therein and as provided by the General Assembly.
SECTION 2.
Be it further enacted by the authority aforesaid that whenever the above proposed amendment to the Constitution of Georgia 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, for two months next preceeding the time of holding the next general election 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 publication provided for in Section 2 of this resolution, 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 VII, Section II, Paragraph I, of the Constitution of Georgia of 1945, by adding a new paragraph so as to extend to the employees of the State and its subdivisions protection accorded others by the Old Age and Survivors Insurance Program embodied under the Federal Social Security Act and the Federal Insurance Contributions Act"; and all persons opposed to the addition of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Article VII, Section II, Paragraph I, of the Constitution of Georgia of 1945, by adding a new paragraph so as to extend to the employees of the State and its subdivisions protection accorded others by the Old Age and Survivors Insurance Program embodied under the Federal Social Security Act and the Federal Insurance Contributions Act".
If a majority of the electors qualified to vote voting thereon in the State as a whole, vote in favor of the ratification of the proposed amendment, then said proposed amendment shall become a part of the Constitution of this State.
The returns of the election shall be made in like manner as returns of election 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.
The roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 6, 1952

1673

Those voting in the affirmative were Messrs.:

Adams of Evans
Adams of Upson
Aycock
Ball
Barber of Colquitt
Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Clark Clary Claxton Cornelius Cranford Dally Deason Deen Denton Dews Dicus Dorsey Duncan Durham Edenfield Fears Flynt Freeman Gardner Garrard Gary Gillis Graham Green of Cherokee

Green of Irwin
Green of Rabun
Greene of Crisp
Greer
Griffith
Groover Guthrie Hadden Hall of Toombs Harrell Harris Henderson Herrin Hilton Holley Hollis Hood Ivey Jackson Jolly Jones of Lumpkin Jordan Kelley Kemp Kennedy Key King
Kitchens Knight
Lam Langdale Lanier Lavender Leach Lewis of Greene Little Lovett McGarity McKelvey McWhorter Mackay Mangum Matthews Mims Mishoe Mull Murphy
Murr Musgrove Nelson Newman Nightingale Otwell Overby

Owens
Page
Parker
Peacock
Pickard
Pickett Pittard Ramsey Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Russell Scott Scoggin
Sivell Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Tarbutton Tarpley Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Crawford Walker of Telfair Warren Weems Wheeler White Wiggins
Wilkes Williams of Cobb Williams of Houston Willingham Wooten Wright

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Those not voting were Messrs.: Abney of Catoosa, Abney of Walker, Adams of Brantley, Alverson, Brazeal, Campbell of Walker, Carr, Cates, Clay, Coffin, Coogle, Covington, Durden, Gowen, Hale, Hall of Floyd, Harper, Hawkins, Hopkins, Huddleston, Jessup, Johnson of Hall, Johnston, Jones of Bartow, Kidd, Lewis of Hancock, McCracken, McGee, Neville, Perkins, Raulerson, Ray, Register, Sheffield, Short, Simmons, Terry, Tillman, Whitworth, Wilkinson, Willis, Wood, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 162, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 925. By Messrs. Gowen and Nightingale of Glynn:
A bill to be entitled an Act to amend an Act creating the city court of Brunswick, and for other purposes.
The following Senate amendment to HB 925 was read:
Senator Gould of the 4th moves to amend HB 925 by striking Section 3 of the bill in its entirety and substitution in lieu thereof a new section to be as follows:
"Section 11 of said Act as amended is hereby repealed in its entirety and a new Section 11 substituted in lieu thereof to read as follows:
"Section 11. Effective as of January 1, 1952, the Clerk of said Court shall be paid a salary in the amount of $4,200.00 per annum. The Chief Deputy Clerk shall be paid a salary in the sum of $3,000.00 per annum, and every other Deputy shall be paid a salary in the sum of $2,400.00 per annum. The Chief Deputy Clerk shall be charged with the responsibility of keeping the official records of the Court, and shall also act as Secretary to the Judge, and shall be appointed by the Judge. The Sheriff of said Court shall be paid a salary in the amount of $3,300.00 per annum. His Chief Deputy shall be paid a salary in the amount of $3,300.00 per annum, and every other Deputy shall be paid a salary of $3,000.00 per annum. In addition to the salaries paid to said Sheriff and his lawful deputies, they shall be paid all necessary and reasonable expenses which they may incur in carrying out and performing the duties of their offices. All of said salaries shall be paid monthly out of the treasury of the County of Glynn. The salaries so paid shall be in full compensation for all services of whatever kind and nature rendered by said Clerk and said Sheriff, and said deputies, and in lieu of such fees as are allowed Sheriffs and Clerks and their deputies. All such fees and costs shall be paid over to the treasury of the County of Glynn."
Mr. Gowen of Glynn moved that the House agree to the Senate amendment to HB 925.
On the motion, the ayes were 104, nays 0.

WEDNESDAY, FEBRUARY 6, 1952

1675

The Senate amendment was agreed to.

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

HB 816. By Messrs. Covington of Floyd, Dicus of Muscogee, and others:
A bill to be entitled an Act to amend Section 53-205 of the Code of Georgia so as to provide a waiting period of three days on marriage licenses, and for other purposes.
Mr. Wiggins of Stephens moved the previous question.

Further consideration of HB 816 was postponed for the time being, the hour for convening the joint session having arrived.
Pursuant to joint resolution adopted by the House and Senate, 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 James F. Byrnes of South Carolina was called to order by the President of the Senate.
The Secretary of the Senate read the resolution providing for the joint session.

Accompanied by Governor Talmadge, the Committees of Escort, and other distinguished guests, Governor James F. Byrnes of South Carolina appeared upon the floor of the House, was introduced to the General Assembly by Lieutenant Governor Griffin, and delivered the following address:
Members of the General Assembly:
I deeply appreciate your invitation to address this joint assembly. Ever since your distinguished governor did me the honor of attending my inauguration I have been anxious to visit him. I like Herman Talmadge.
Throughout our history Georgia and South Carolina have had much in common. For 25 years I served in the United States House of Representatives and Senate, and during that period there was never a time the representatives of our two states did not work together. During that period my life was made happy by my friendly association with your congressional delegation.
I want to say publicly in Georgia what I frequently say elsewhere, that because of his character, capacity and courage, your senior senator is the most influential member of the United States Senate. I am proud to claim Walter George as my friend.
Let me speak of your junior senator. For years I served with him. We worked together on the Senate appropriations committee. I have known him intimately in a social way. He is clean and honorable in his private as well as his public life. He has a fine mind and is a tireless worker.
Few men have had such experience in the field of government. As speaker of your House of Representatives and governor of this great state, he made such a fine record that you elected him to the United States Senate while he was still quite young.

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He has been a world traveler. He knows the vital problems of the world. He is sound in his views on foreign relations and has given intelligent support to the government in its foreign policies.
There is nothing provincial about Senator Russell. He has a national viewpoint. As chairman of the Senate agriculture appropriation committee, he has studied the agricultural problems of the entire country. He has always been fair to labor. Above all else, he is a consistent and firm believer in the independence of the states as the best guaranty of the preservation of our liberty.
I am told that last week this General Assembly unanimously adopted a resolution asking him to be a candidate for the Democratic nomination for president. Should he yield to your request, I promise you I shall do everything in my power to support your efforts to elect Senator Richard B. Russell president of the United States.
I said Senator Russell believed in the preservation of the independence of the states. That is merely saying he supports the Constitution of the United States. The early settlers of what is now Georgia and South Carolina came not to establish a government here but to escape the oppression of governments elsewhere. They wanted freedom. They wanted to be let alone.
As they increased in number, they realized some government was necessary. They distilled the experiences of mankind and gave to us the Constitution with its Bill of Rights. Under that Constitution we have grown to be the most powerful government in the world. And for 175 years we have enjoyed greater freedom than any other people on the face of the earth.
Among us are those who would have us forget the Constitution. They say that conditions have changed. However much our ways of living have changed, human behavior has not changed in its fundamentals.
If the age of our Constitution is to be held against the soundness of its fundamental principles, then what about the age of our religion? If time invalidates truth in one field, it will do so in another field.
Thomas Jefferson, patron saint of the Democratic Party, in discussing the Constitution in 1811 asserted that the true barriers protecting our liberty in this country are our state governments. That was the view of the patriots who drafted the Constitution.
For more than a century the confidence expressed by Jefferson and others in the structure of government established by the founding fathers seemed entirely justified.
We engaged in wars, foreign and domestic, and we suffered serious economic depressions. In these emergencies, extraordinary powers were granted the Federal Government, but with the passing of each emergency the powers were withdrawn so that a century later, in 1907, Woodrow Wilson could accurately write in his Congressional Government of the United States:
"Moreover, what is vastly more important in contrasting our system with others, we have not concentrated our constitutional arrangement in the Federal Government."

WEDNESDAY, FEBRUARY 6, 1952

1677

That was 1907. Today is another day. Without amending the Constitution, we have concentrated extraordinary powers in the Federal Government. This has come gradually, like a creeping paralysis, over the powers of the states.
The two major political parties of this day have vied with each other to lessen the independence of the States. The attitude of the Republican Party is not surprising. In view of the history of the Democratic Party its attitude is very surprising.
In 1840 in its first formal platform the Democratic Party resolved:
"That the Federal Government is one of limited powers, derived solely from the Constitution, and the grants of power shown therein ought to be strictly construed by all the departments and agents of the government, and that it is inexpedient and dangerous to exercise doubtful constitutional powers.
This declaration was repeated as the first paragraph of the Democratic platform in 1848 and in 1852. Some similar declaration was contained in nearly every Democratic platform adopted from that day until 1948. But in 1948 a very mild declaration of the rights of the states was formally rejected in the Democratic convention at Philadelphia.
We know what caused the rejection of that cardinal principle of the Democratic Party. For some years there had been a migration of Negroes from Southern states to Northern states and particularly to the large cities of the North. As a rule those cities were Democratic.
Beginning with the days of the depression, the Negroes left the Republican Party to which they traditionally belonged. They were in need. The Democratic organizations controlled the distribution of relief. They grasped the opportunity to favor the Negroes who soon became active workers in the Democratic political machines of the big cities. They voted en bloc. Several years ago their leaders demanded that Congress enact legislation enforcing the so-called civil rights and enact a Federal Fair Employment Practices Act. They realized that members of Congress regarded such legislation as solely within the jurisdiction of the states and therefore demanded that the Democratic Party abandon the doctrine of the rights of states.
These Negro politicians were interested only in race problems. They cared nothing about the effect the abandonment of the principle of the independence of states would have upon our political and economic problems.
These Negroes voting en bloc held the balance of power in 11 states, including the states with the largest electoral votes. The big city bosses controlling the convention, faced with the threat of Negroes deserting the party, bowed to the demand of these politicians, abandoned the fundamental principles of the party, and adopted a platform more socialistic than democratic.
The Negro politicians of the North stood by their bargain. Experienced observers expressed the opinion that 90 per cent of the Negroes in the doubtful states cast their votes for the National Democratic Party. They won.

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It is fair to say that those presently in control of the National Democratic Party endeavored to discharge their obligation. The failure of Congress to enact the civil rights legislation and the Fair Employment Practices Act is due to their inability to change the rules of the Senate to prevent freedom of speech by representatives of the States in the Senate.
That this desertion by the Democratic Party of the principles upon which the party was founded was not a greater surprise to Democrats in all states is due to the fact that in recent years there had been a gradual impairment of the principle of the rights of the states.
During the great depression and the two world wars it was necessary to grant emergency powers to the federal government. On each occasion when the emergency passed, it was difficult to recover those powers for the people.
The power to spend billions of dollars makes little men think they are big men. Power intoxicates all men and they will not voluntarily relinquish it.
Bureaucrats fought to retain the powers and funds granted them only for the emergency. They suggested federal aid for many activities, which if justifiable at all, were functions of the states.
Federal aid was attractive to state officials, who thought they were getting something for nothing. They referred to it as "government money" forgetting that government has no money except that which is taken from the pockets of the people, no matter what anaethesia is used in the process.
State officials urged federal aid for projects believing that the federal government would do the collecting and the state government would do the spending. Now they learn they can spend only under Washington regulations.
A man who has failed in private life and found security in a government job in Washington can write regulations requiring the Legislatures of 48 states to enact laws conforming to his views. If a state fails to comply, it will receive no aid. The state also will be in the position of having its taxpayers contribute to the fund that is disbursed and that state receive no benefits.
The policy encourages extravagance by state officials who comfort themselves with the false idea that the state is contributing only part of the fund to be spent. And what is worse, it concentrates too much power in the Federal Government.
No student of government will advocate the repeal of these federal aid programs. The people have become accustomed to those services. State budgets are based on the federal assistance. But we should stop their expansion and refrain from undertaking any new ones.
Big government is bad government. In this country there are no men with enough wisdom and enough virtue to direct from Washington all the business of this country and supervise the lives of 150,000,000 people in 48 states. The trouble is in Washington there are men who think they possess that wisdom and that virtue.

WEDNESDAY, FEBRUARY 6, 1952

1679

I do not advocate business monopolies, but to me the prospect of business monopolies is less dangerous than government monopoly. Big business can be regulated by little governments. I know of no power that can regulate big government. That liberals, the spenders, will attempt to deride my fears with the statement that the people at the ballot box can defeat big government.
However, big government has approximately $100,000,000,000 to spend this year. I do not say this power will be exercised for political purposes. I do say that placing an order with a corporation for millions of dollars will not offend the management and stockholders.
This is particularly true when so many corporations are organized with money borrowed from the taxpayers.
Big government is granting subsidies to one corporation through loans and the amortization of taxes while denying such aid to a competitor.
Big government grants priority permits for scarce materials to enable one manufacturer to operate while denying such materials to another manufacturer.
A few days ago it was announced that the government would exercise a new power.
Southern textile plants, because they have installed modern machinery, because of proximity to raw materials and the higher production of workers, are able to suply materials to the government at lower prices than many Northern mills. Some New England mills demanded that, regardless of cost, orders be placed with them in order to prevent unemployment. While they were pressing for action, some unemployment occurred in the automobile industry due to the diversion of production to defense weapons.
Heretofore in the purchase of materials, like all prudently operated enterprises, the government has awarded contracts to the lowest bidder where bids can be secured.
But now it has decided that, regardless of who is the lowest bidder, it will place orders where it is thought failure to do so will cause unemployment. Of course, the policy will cause unemployment in plants which are the lowest bidders. If the policy is followed only in the automobile industry where manufacturers have been forced to divert production to military requirements, no good citizen will object. But if exercised in the textile field where there is no unemployment because of diversion from civilian to military production, it will be indefensible. It will provide a subsidy for plants that are unable to stand on their own merit.
Big government is lending millions of dollars to one corporation and refusing to lend to another corporation.
The Reconstruction Finance Corporation was established during the great depression when banks were closing and businessmen, though possessing character and collateral, could not borrow from banks. The emergency ended but the RFC.
Today the banks have more money to lend than ever before. Pressure is brought to bear upon them by the Federal Reserve Board to

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curtail loans. At the same time, the government through RFC is making loans.
If a man has character and collateral he can borrow from banks. If he has neither character nor collateral he should not be allowed to borrow your money from the RFC on the strength of an introduction by the chairman of the Democratic or the Republican National Committee. The RFC should be abolished.
The Left-wingers assert that, notwithstanding the influence that comes with the power to spend billions of dollars and from the employment of more than two and one-half million voters, it is possible to defeat big government at the ballot boxes. That is true, theoretically. But I suspect it is difficult to accomplish.
In this country it will take a political revolution to defeat big government. Jefferson once remarked that there were times when a political revolution was desirable. He was right.
Certainly a moral revolution is needed in and out of government. Too many ~n in various branches of the Federal government have betrayed the people who honored them. Even where the criminal statutes have not been violated officials have been guilty of such improper conduct that the people are losing confidence in all government.
The people must make them realize that honesty is the best policy for men in public life as well as in private life.
If anything can bring about a political revolution, it is the amount of taxes the people are now called upon to pay the Federal Government. The government is a majority preferred stockholder in every corporation, because before any corporation can pay one dollar to a stockholder, it must pay the government 52 per cent of its net earnings.
To pay his federal taxes, the average employee must work at least one day a week. If all the new socialistic programs now proposed were put into effect, the average worker would have to pay for federal taxes the amount of his earnings for at least 67 days of work a year. When he does that, he is saying by implication to the Federal Government: "Here, you take my money and buy something with it. You know better than I do what I should have." And we must not forget the administration has asked Congress to levy five billion dollars additional taxes. If you do not have to pay them, it will be because the Congress follows the leadership of Senator George who says there should be no increase in taxes.
If the representatives of the people in the United States Congress fail to support the administration's proposals for hand-outs at home and abroad, they will be criticized by some constituents for not supporting the president's program. Too often do we hear that criticism. If Congress must follow the dictates of a president, then Congress might as well be abolished.
In the Constitution there is no reference to a senator or congressman. The Constitution provides that each State shall have "representatives" in the United States Senate and House of Representatives. The world "representatives" is understandable. They represent the people of the states that elect them. They do not represent the President of the United States.

WEDNESDAY, FEBRUARY 6, 1952

1681

If a president, in order to get elected, makes promises which after being elected he chooses to regard as a mandate, and these promises are in conflict with the views of the people of Georgia, your representatives in the United States Congress cannot support the president's promises without betraying the people who elected them.
The people of a state come to know the views as well as the character of their representatives in the Congress. If you believe in the policies advocated by your representatives, you should not vote for a presidential candidate who opposes such policies.
I am in favor of the rearmament program, but the Congress should carefully screen all requests for appropriations. The administration has asked the Congress for $85,000,000,000 for the next fiscal year. This is $10,000,000,000 more than the estimated revenue. Instead of increasing the public debt, the Congress should decrease appropriations by $10,000,000,000.
There is nothing sacred about the estimates submitted by the agencies of government. The heads of those agencies expect to have their requests reduced and therefore most of them ask for more than they really need.
The administration asks for $10,000,000,000 for foreign aid. We must aid our allies with their rearmament programs, but when it comes to trying to raise the standard of living of all the so-called backward peoples, that should be left until our freedom is secure.
Only a few days ago Mr. Churchill submitted to the House of Commons a budget which would require the dismissal of 10,000 government employees. That just could not happen here. We have more than 2,500,000 federal employees. Instead of decreasing them, we are increasing them.
This is no time for our government to embark upon new socialistic programs or to increase hand-outs from the treasury. Too many people want too much from government. Instead of seeking opportunities, they seek an artificial security. They seem more afraid of life than death. In the early days of the Republic Patrick Henry immortalized himself by saying, "Give me liberty or give me death." Too many people today say only "Give me."
We must oppose socialized medicine. We should continue our opposition to the Brannan Plan. These two plans have not been abandoned. They are only postponed. They will be just as unsound and dangerous the year after election as they are the year before an election.
We should oppose federal aid for education. It would cost $300,000,000 the first year but would ultimately cost several billion a year. Most of the Southern senators and congressmen who have advocated it have done so upon condition that the federal government should not interfere with local control of schools. But no Congress can bind a succeeding Congress. Control will always go with the purse.
Two years ago the Democratic administration at Washington intervened in a Texas case and asked the United States Supreme Court to declare unconstitutional the laws of all states requiring segregation regardless of whether facilities were equal. The court declined to decide the issue upon the ground that it had not been raised by the

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pleadings in the case. Encouraged by the attitude of the Democratic administration, those who wish to mix the races in the public schools have again raised the issue in other cases now pending in the Supreme Court.
Segregation of the races in public schools is required by the law in 17 states and the District of Columbia. When the state by law requires parents to send their children to school, those parents should have some control of the schools their children are forced to attend. The lives of our children must not be fashioned by some bureaucrats in Washington.
We should oppose the proposed Fair Employment Practices Act which the Democratic administration is still advocating. Under the proposed law an employer in Georgia could not hire an individual he believed to be the most competent or fire an individual he felt was incompetent, without running the risk of a law suit. It would give to every disgruntled individual the right to file a complaint that the employer's action was due to racial or religious prejudice. It would deny to the employer a trial by a jury. It would cause his guilt or innocence to be determined by a board at a point distant from his home. It would do more than any one proposal to establish in this country the police state which always destroys the liberty of the people. These proposals are urged not because we have been disloyal but because we have been so loyal they have concluded they can ignore us. That is what hurts us.
The Democrats of the South remained loyal to the national Democratic party when it seemed all others had fled.
I served in the 72nd Congress when out of the 435 members of the House of Representatives only 132 were Democrats. There was only one Democrat from a district west of the Mississippi River, and there were few from north of the Mason-Dixon Line. In that day, as in many other days, it was the SOLID SOUTH that kept the torch of democracy burning until the political pendulum swung toward the Democratic Party.
The Democrats of the South remained loyal to the national Democratic Party, as an organization, because that party remained loyal to the principles upon which our government was established and the Democratic Party was founded.
The Democratic Parties of the several Southern states want to affiliate with the National Democratic Party. We want to remain in the house of our fathers, but we are not willing to be treated as stepchildren.
We want to join with Democrats of all states in an effort to have the party return to its fundamental principles.
To those people whose hearts bleed for minorities, we say that the Democrats of the South constitute the largest minority in this country. It is the only minority with a large number of votes that is utterly ignored.
To the Democrats of the South I say that we will not be ignored if we act in concert. We are forced to follow that course.
We must let the leaders of all political parties know that the elec-

WEDNESDAY, FEBRUARY 6, 1952

1683

toral votes of the Southern states can no longer be taken for granted by any party, or candidate.
We must let them know that we place the welfare of our country above the welfare of any political party or any political candidate.
For the Democrats of the South this may be the last stand. We can lie down and take it or stand up and fight. I hope we will stand up and fight.

The Senator from the 21st moved that the joint session be now dissolved and the motion prevailed.

The Speaker called the House to order.
Mr. Twitty of Mitchell moved that the House do now recess until 1 :45 o'clock this afternoon and the motion prevailed.

1:45 P. M.
The Speaker called the House to order.
Mr. Burgamy of Sumt~r asked unanimous consent that the following bill of the House be withdrawn from the Committee on General Judiciary #1, read the second time and recommitted to the Committee on General Judiciary # 1 :

HB 1015. By Messrs. Murr and Burgamy of Sumter:
A bill to be entitled an Act to amend an Act creating the city court of Americus, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on General Judiciary #1, read the second time and recommitted to the Committee on General Judiciary #1.
The following bill of the House was again taken up for consideration:
HB 816. By Messrs. Covington of Floyd, Dicus of Muscogee, and others:
A bill to be entitled an Act to amend Section 53-205 of the Code of Georgia so as to provide a waiting period of three days on marriage licenses, and for other purposes.
1\fr. Hopkins of Charlton moved the previous question.
Dr. Smith of Bryan moved that further consideration of the bill be postponed indefinitely.
On the motion for the previous question, the ayes were 42, nays 73.
The motion was lost.

Dr. Smith of Bryan moved that further consideration of the bill be postponed until 3:00 o'clock this afternoon.
On the motion, the ayes were 86, nays 23.

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JOURNAL OF THE HOUSE,

The motion prevailed.

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 953. By Messrs. Kennedy of Turner and Owens of Tift:
A bill to be entitled an Act to amend an Act so as to provide that load limits shall not apply to the hauling of agricultural products in certain instances, and for other purposes.

The following amendment was read and adopted:
Mr. Rogers of Heard moves to amend HB 953 as follows: by inserting the words fertilizer and insecticides after the words agricultural products so that the sentence shall read after being amended as follows:
"nor shall the weight limits apply to the hauling of agricultural products, fertilizer, and insecticides from the place where harvested to the owner's residence, to market, plantation or place of business in that or any adjoining 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 115, nays 8.
The bill, having received the requisite constitutional majority, was passed, as amended.

HR 261-943c. By Messrs. Ray of Warren, Smith of Emanuel, and others:

A RESOLUTION
Proposing to the qualified voters of Georgia an amendment to Article VII, Section I, Paragraph 4 of the Constitution of Georgia of 1945 so as to authorize the Legislature to exempt from taxation intangible personal property owned by trusts exempt from federal income tax under Section 165 (a) of the Internal Revenue Code.
Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same:
SECTION 1.
That the Constitution of Georgia of 1945 be amended by adding to paragraph 4 of Section 1 of Article VII the following words:
"The Legislature may exempt from taxation intangible personal property owned by a trust forming a part of a pension, profit sharing or stock bonus plan if such trust is exempt from federal income tax under Section 165 (a) of the Federal Internal Revenue Code. Existing laws exempting such property from taxation are hereby ratified."
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,

WEDNESDAY, FEBRUARY 6, 1952

1685

with the ayes and nays entered thereon, it shall be published as required by law 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 shall have written or printed on their ballots the words "For ratification of the amendment to paragraph 4, Section l, Article VII of the Constitution of Georgia of 1945 authorizing the General Assembly to exempt from taxation intangible personal property owned by a trust forming a part of a pension, profit sharing or stock bonus plan exempt from federal income tax under Section 165 (a) of the Federal Internal Revenue Code" and the words "Against ratification of the amendment to paragraph 4, Section 1, Article VII of the Constitution of Georgia of 1945 authorizing the General Assembly to exempt from taxation intangible personal property owned by a trust forming a part of a pension, profit sharing or stock bonus plan exempt from federal income tax under Section 165 (a) of the Federal Internal Revenue Code." Returns shall be made and results declared as required by law. If said amendment be adopted as required by law by the qualified voters of Georgia, said amendment shall become a part of paragraph 4, Section 1, Article VII of the Constitution of Georgia of 1945.
The report of the committee which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Brantley Adams of Evans Adams of Upson Aycock Ball Barber of Colquitt Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Birdsong Boggus Bolton Boone Brannen Brantley Britton Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Clark

Claxton Clay Coffin Cornelius Cranford Deen Denton Dews Dicus Dorsey Duncan Durham Edenfield Fea1s Flynt Freeman Gardner Garrard Gary Gillis Graham Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Guthrie Hadden

Hall of Toombs Harper Harrell Harris Hawkins Henderson Hilton Hollis Hopkins Huddleston Ivey Johnson of Hall Jones of Lumpkin Kelley Kennedy Key Kidd King Kitchens Knight Lam Lanier Lavender Leach Lewis of Greene Lewis of Hancock Little Lovett McGarity

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JOURNAL OF THE HOUSE,

McKelvey McWhorter Mackay Mangum Matthews Mims Mull Murphy
Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby
Owens Page
Parker Peacock Pickard Ramsey

Register Risner Robertson of Coweta Robertson of Dawson Rogers Russell Scott Scoggin
Simmons Smith of Bryan M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin
Tarpley Terry Tillman Todd

Trapnell Tumlin Turk Twitty Ursrey Vandiver Vickers Waldrop Walker of Telfair Warren Weems Wheeler White Wiggins
Wilkes Wilkinson Williams of Cobb
Williams of Houston Willingham Wooten Wright

Those voting in the negative were Messrs. :

Jackson

Perkins

Pittard

Those not voting were Messrs.: Abney of Walker, Alverson, Barber of Jackson, Bargeron, Biggers, Black, Brazeal, Brooks, Carr, Cates, Clary, Coogle, Covington, Dally, Deason, Durden, Gowen, Green of Cherokee, Hale, Hall of Floyd, Herrin, Holley, Hood, Jessup, Johnston, Jolly, Jones of Bartow, Jordan, Kemp, Langdale, McCracken, McGee, Mishoe, Pickett, Raulerson, Ray, Rollins, Rowland, Sheffield, Short, Sivell, Smiley, Smith of Emanuel, Tarbutton, Tippens, Walker of Crawford, Whitworth, Willis, Wood, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 152, nays 3.
The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 761. By Messrs. Lavender of Elbert, Matthews of Clarke, and others:
A bill to be entitled an Act to provide for reciprocal fishing licenses between the State of Georgia and adjoining states, and for other purposes.
The following Senate amendment to HB 761 was read:
Senator Hawes of the 30th moves to amend HB 761, section 1 and section 3, by adding immediately after the words "lakes", the words "rivers and streams". Further amend caption accordingly.

WEDNESDAY, FEBRUARY 6, 1952

1687

Mr. Lavender of Elbert moved that the House agree to the Senate amendment to HB 761.
On the motion, the ayes were 122, nays 0.
The Senate amendment was agreed to.

Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 972. By Mr. Hollis of Muscogee:
A bill to be entitled an Act to regulate service charges and practices relating to installment loans, and for other purposes.

The following substitute was read and adopted:
By Mr. Hollis of Muscogee:
AN ACT
To regulate and control service charges, late charges, certain expenses, insurance and certain other practices relating to loans repayable in one or more instalments and the purchases of debts and loans repayable in instalments, and the use of separate instruments in connection therewith; to prohibit certain practices except upon agreement with the debtor; to limit the requirements of creditors relative thereto to certain maximums specified herein; to define the requirements which are permissible and to prohibit unauthorized or excessive requirements by lenders; to repeal all laws in conflict herewith; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENAC,TED BY THE SAME:
SECTION I
All persons, natural or artificial, herein called creditors, on loans of money to be paid back in one or more instalments or on the sale of any thing to be paid for in periodic instalments or on the purchase or discount of evidence of indebtedness to be repaid or paid in periodic instalments, are prohibited, unless permitted to do so by agreement made with the debtor at or before the time of completing the transaction or of extending or renewing credit, from the practices hereafter set forth; and upon such agreement, made with the debtor at or before such time, such creditors may obtain and receive the following, but only the following, service charges, late charges, fees paid to appraisers, fees relative to titles, fees for filing, recording, releasing and notarizing, court costs, expenses of repossession, storing and selling collateral on such transactions:
(a) A service charge in advance to reimburse the creditor for service by itself or by others rendered or to be rendered and expenses incurred or to be incurred, in an amount not in excess of the greater of $5.00 per transaction or the rate of $2.00 per $100.00 of the amount of the debt or loan contract; provided that such service charge shall not be collected within four months of a prior contract on which a service charge has been collected, excepting on that part of a new

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JOURNAL OF THE HOUSE,
contract which is in excess of the proceeds thereof used to pay off said prior contract; and provided further that such service charge shall not be collected unless the contract is actually made. The burden of proving that a service charge is excessive or unauthorized shall be on the person complaining of same.
(b) A late charge, which shall not be in excess of five cents per $1.00 of the amount of any instalment which is not paid when it becomes due, and not in the aggregate in excess of $5.00 for any one such instalment.
(c) Repayment of only the actual fees paid to appraisers, surveys, fees for examination of title or for title insurance, and fees paid to any public official or agency for filing, recording, releasing and notarizing any instrument securing the transaction; and collect only the court costs incurred in the collection of any contract in default, and the actual and reasonable expenses of repossession, storing and selling collateral securing any such transaction in default. The present provisions of law relative to attorneys fees may also continue to be required.
SECTION II
If the debtor agrees, the following insurance may be arranged, either in whole or in part:
(a) Insurance furnished by the debtor, who shall pay the premium therefor, for insuring real estate or tangible personal property securing the contract against the risks of damage, destruction, loss or theft, and the same shall be only for such amount and term as are reasonably related to the type and value of the property and the amount and terms of the contract.
(b) Insurance furnished by the debtor, who shall pay the premium therefor, for insuring the life of one or more of the parties obligated to pay the contract against the risk of death, and the same shall be for an amount and term reasonably related to the amount and term of the loan.
If such insurance is furnished, copy of the policy or a certificate thereof shall be issued by an insurance company authorized to do business in this State and delivered or mailed by the lender or by an insurance agent or by an insurance company to the debtor within twenty days. Such policies may name the creditor as a co-insured or may protect the creditor's interests under a loss payable or mortgagee clause. Commissions for selling such insurance may be received by the creditor or any employee, agent or affiliate of the creditor.
SECTION III
If agreed to by the debtor as provided above, these practices and requirements shall not be deemed interest or compensation or discount or charges or exactions for the use of money or credit, nor need the creditor account to the borrower therefor if they are within the maximums set forth in the preceding section of this Act.
SECTION IV
Creditors may receive from their debtors or others, and enforce, more than one note or evidence of debt, whether or not on separate

WEDNESDAY, FEBRUARY 6, 1952

1689

instruments, and whether or not done at the same time or as a condition to one another, purporting to cover the purchase or loan on, or discount of, different assets or separate security, which, at the option of the creditor, shall be conclusively deemed to be separate and distinct transactions.
SECTION V
Such expenses, authorized under this Act, as are charged to the debtor at the time of making the loan shall be itemized, and specific notice of these items shall be given to the debtor.
SECTION VI
Nothing in this Act shall be construed to apply to or limit or regulate any transactions made between a creditor and any person other than the debtor, nor to any transaction made between the debtor and any person other than the creditor, unless such other person is specifically named herein.
SECTION VII
If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the validity of the remainder of the Act and the applicability of such provisions to other persons or circumstances shall not be affected thereby.
SECTION VIII
All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the substitute was read and adopted:
Mr. Overby of Hall moves to amend section 2 (b) of the substitute so that said section when amended shall read as follows:
(b) Insurance furnished by the debtor, who shall pay the premium therefor, for insuring the life or the health or both the life and the health of one or more of the parties obligated to pay the contract against the risk of death or sickness or injury and the same shall be for an amount and term reasonably related to the amount and term of the loan.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 111', nays 18.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HR 250-928b. By Messrs. McWhorter and Mackay of DeKalb, and others:
A resolution requesting funds for the development of a park at Stone Mountain, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

1690

JOURNAL OF THE HOUSE,

On the adoption of the resolution, the ayes were 141, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

Under the regular order of business, the following bill of the House was against taken up for consideration:

HB 916. By Messrs. Twitty of Mitchell and Greer of Lanier:
A bill to be entitled an Act to authorize the adjustment of compensation of officials and employees of the executive branch, and for other purposes.
The following substitute was read and adopted:
By Messrs. Twitty of Mitchell, Greer of Lanier, and Mims of Miller:
AN ACT
To authorize the adjustment of the annual rate of compensation allowances fixed by law for officials and employees in the Executive Branch of the State Government, to meet the present day economic conditions, to establish a formula for making the adjustments, to provide an effective date, to provide for adjustment in the compensation of employees not fixed by law, to repeal conflicting laws and for other purposes provided in this Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AND IT IS HEREBY ENACTED BY THE AUTHORITY OF SAME:
SECTION 1
Effective on the first day of the month following the date of approval of this Act by the Governor the total annual rate of the compensation and allowances fixed by law for the officials and employees from all sources in the Executive Branch of the State Government shall be adjusted so as to provide a total annual rate of compensation and allowances in an amount that will permit each official or employee to earn a total annual amount of take-home compensation and allowance that will have a current purchasing power of not more than the purchasing power of the total annual compensation and allowances that were authorized by law and in force and effect as of January 1, 1943.
SECTION 2
The amount of the adjustment in the total compensation and allowance payable to an official or employee shall be determined as authorized by the provisions of this Act. The State Auditor shall, from the State records, establish the total annual base rate of compensation and allowances authorized by law for each official or employee from all sources as of January 1, 1943. In the event a position has been created or transferred by law since January 1, 1943, the base rate of compensation and allowances shall be established at an amount of not more than the total compensation and allowances authorized by law for similar positions as of January 1, 1943. It has been and it is hereby

WEDNESDAY, FEBRUARY 6, 1952

1691

established for the purposes of this Act that the current purchasing power of the dollar is approximately (52) fifty-two cents as compared to the purchasing power of ($1.00) one dollar as of January 1, 1943 and that there has been an increase in the rate of Federal Income Taxes from approximately 5o/o to 20% which does further reduce the purchasing power of the current take-home compensation and allowances paid to the official or employee coming under the provisions of this Act. The adjusted total current compensation and allowances payable to each official and employee subject to the terms and conditions of this Act shall be an amount that when said amount is multiplied by 50%, the result produced will be an amount of not more than the total annual base compensation and allowances of each official and employee as of January 1, 1943 as determined under the provisions of this Act. The amount of the difference in the total amount of the annual adjusted compensation and allowances from all sources authorized under the terms of this Act and total amount of the annual compensation and allowances from all sources specifically authorized by laws in force and effect on the effective date of this Act shall be the amount of additional compensation and allowances authorized from all sources under the provisions of this Act and the amount of the difference so determined shall be paid to each official and employee in the same manner as other compensation and allowances are paid. The amount so paid shall be a special contingent expense allowance to each official and employee entitled to the same under the provisions of this Act.
SECTION 3
The amount determined to be the total adjusted compensation and allowances payable to each official and employee under the terms of this Act shall be inclusive of and not in addition to the amount of all compensation and allowances fixed by law and/or by Senate Resolution for each such official and employee.
Provided, however, the provisions of this Act shall not modify, repeal, change or supersede the legal authority of an official or employee to receive reimbursement for travel expenses as authorized by law or to the compensation and allowance of an official or employee whose current total annual compensation and allowances authorized by law is an amount in excess of the amount determined to be payable to said official or employee under the provisions of this Act.
SECTION 4
The expenditure of funds as authorized under provisions of this Act shall be subject to approval by the State Budget Bureau in the same manner as other expenditures are approved as required by law. The Governor of the State of Georgia is hereby authorized and directed to take whatever action is necessary to settle any disagreement that arises in making effective the provisions of this Act.
SECTION 5
The provisions of this Act shall not apply in any manner and shall not be construed to apply to the compensation and allowances of the officials and employees of the Judicial Branch of the State Government, the Legislative Branch of the State Government, the office of the State Auditor, or the Lieutenant Governor, all of which have been provided for by separate and specific acts of the General Assembly.

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JOURNAL OF THE HOUSE,
SECTION 6
Any provisions in this Act to the contrary notwithstanding, the Department of Public Safety shall have the sole power to, by majority vote of its membership, determine and fix the amount of adjustment, if any adjustment is necessary in the compensation and allowances of the personnel of the Department of Public Safety whose compensation and allowances are fixed by law, provided sufficient appropriated funds are available to pay the amount of the adjustment so authorized.
Provided, further, that any provision in this Act to the contrary notwithstanding, the Attorney General of Georgia with the approval of the Governor shall have sole power to determine and fix the amount of adjustment, if any adjustment is necessary, in the compensation and allowances of each Assistant Attorney General appointed for service in the Department of Law as provided by law.
Provided, further, that any provision in this Act to the contrary notwithstanding the terms and conditions of this Act shall apply to the members of the Public Service Commission and the total annual compensation and allowances of the Commissioner of Agriculture and Attorney General shall hereby be fixed at the same maximum annual amount as is authorized under the terms of this Act for the Secretary of State, State Treasurer and other similar officers. The annual allowance authorized under the terms of this Act for the Treasurer of the State Highway Department shall be and not exceed two-thirds of the maximum allowance for any official subject to the terms of this Act. In the administration of this Act the base compensation and allowances used for calculation under the terms of this Act for all officials shall be the amount of the total compensation paid for the services in the fiscal year ended June 30, 1943.
SECTION 7
The provisions of this section shall apply to the compensation of employees not fixed by law. The cost of living in the United States and the State of Georgia has risen since 1942 by 96.1 o/o which is entirely out of proportion to the present salaries paid some of the State employees whose compensation is not fixed by law, and it is necessary that such employees whose compensation is not fixed by law be granted increases to conform to the rise in cost of living index in the same manner as employees in private industry and other fields. The State Personnel and/or Merit Board is hereby directed to fix current scale of compensation for all employees under the State Merit System that will reflect an increase of not less than 100'/o over the rate of the compensation scale that was in force and effect and paid for similar positions on January 1, 1943, the result being an adjustment in compensation for employees in proportion to the rise in cost of living since 1942. All the heads of the various State departments and the State Budget Bureau are hereby directed to authorize the payment of compensation for services rendered by employees on the basis of the adjusted compensation scale directed in the foregoing from funds already appropriated, provided, however, that labor shall not be paid less than 75 per hour. The employees in any State Department not under the Merit System shall receive the same adjustments as authorized in this Section and the Department head is authorized to make the necessary adjustments payable from funds already appropriated.

WEDNESDAY, FEBRUARY 6, 1952

1693

SECTION 8
All laws or parts of laws in conflict with the proVIsions of this Act authorizing the determination and payment of the additional amount of annual compensation and/or allowance to officials and employees subject to the terms of this Act are hereby repealed.

The following amendment was read and adopted:
Mr. Johnson of Hall moves to amend the substitute to HB 916 as follows:
In the 1st paragraph of Section 6 by adding the words "Board of" so that the 1st line of said paragraph shall read: "Any provisions in this Act to the contrary notwithstanding, the Board of the Department of Public ....................".
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 124, nays 14.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
The bill was ordered immediately transmitted to the Senate.

The following bill of the House was again taken up for consideration:
HB 816. By Messrs. Covington of Floyd, Dicus of Muscogee, and others: A bill to be entitled an Act to amend Section 53-205 of the Code of Georgia so as to provide for a three day waiting period for marriage licenses, and for other purposes.
An amendment offered by Mr. Lanier of Candler was read and lost.

The following amendment was read:
Mr. Gardner of Dougherty moves to amend HB 816 by amending Section 1 by adding after the word "issued" the following words "to persons under twentyone (21) years of age".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Abney of Walker Adams of Brantley Aycock Ball
Barrett Baughman Beasley Best Black Bolton

Boone Brantley Burgamy Burkett Byrd
Clark Claxton Coffin Denton Durden Durham

Edenfield Gardner Gary
Gillis Gowen Green of Irwin Greer Hall of Toombs Harrell Harris Herrin

1694

JOURNAL OF THE HOUSE,

Hilton Hood Hopkins Jordan Kemp Key King Kitchens Langdale Lanier Lavender Lewis of Hancock Little McCracken McGarity Mims Mishoe

Murphy Murr Musgrove Nelson Newman Nightingale Overby Parker Peacock Risner Rogers Scott Simmons Smith of Emanuel Hoke Smith of Fulton Stephens of Towns Stevens of Marion

Stocks Tarpley Terry Tillman Trapnell Vandiver Vickers Walker of Crawford Walker of Telfair Warren Wheeler White Willingham Wood Wright

Those voting in the negative were Messrs.:

Adams of Upson Alverson Barber of Colquitt Barber of Jackson Battles Bell of DeKalb Bell of Richmond Bentley Biggers Birdsong Boggus Brannen Britton Callier Campbell of Oconee Cornelius Covington Cranford Dally Deen Dews Dicus Dorsey Duncan Fears Freeman Garrard Graham Green of Cherokee Green of Rabun Griffith

Groover Guthrie Hadden Hall of Floyd Harper Hawkins Henderson Holley Hollis Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Kelley Kennedy Kidd Knight Leach Lewis of Greene McKelvey McWhorter Mackay Mangum Matthews Mull Otwell Owens Page Perkins

Pickard Pickett Pittard Ramsey Register Robertson of Coweta Robertson of Dawson Rollins Russell Scoggin Sivell Smiley Smith of Bryan M. M. Smith of Fulton Stewart Sumner Tamplin Tippens Todd Tumlin Turk Ursrey Waldrop Weems Wiggins
Wilkes Williams of Cobb Williams of Houston Wooten

Those not voting were Messrs. : Adams of Evans, Bargeron, Brazeal, Brooks, Campbell of Walker, Carr, Cates, Clary, Clay, Coogle, Deason, Flynt, Greene of Crisp, Hale, Jessup, Johnston, Jones of Bartow, Lam, Lovett, McGee, Neville (present), Raulerson, Ray, Rowland, Sheffield, Short, Tarbutton, Twitty, Whit-

WEDNESDAY, FEBRUARY 6, 1952

1695

worth, Wilkinson, Willis, and Mr. Speaker. By unanimous consent, verification of the roll call was dispensed with. On the adoption of the amendment, the ayes were 82, nays 91. The amendment was lost.

The following substitute was read:
By Mr. Nightingale of Glynn:
An Act to amend Section 53-208 of the Georgia Code, as amended, which provides for the liability of the ordinary for failure to post facts pertaining to application or issuing marriage license unlawfully, by providing for punishment of a violation of the time provision relating to marriage licenses; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same:
SECTION 1.
Section 53-208 of the Georgia Code, as amended, which section sets out the liability of the ordinary for violations of laws relating to marriage licenses, is hereby amended by adding at the end of said section the following:
"In addition to the liability provided herein, any ordinary who by himself or clerk shall issue a marriage license in violation of the time provision shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor.", so that Section 53-208 when so amended shall read as follows:
"Any ordinary who by himself or clerk shall fail to post in his office the required notice pertaining to the application, or who shall issue a license in violation of the time provision, or who knowingly grant a license without the required consent or without proper precaution in inquiring into the question of minority, or who shall issue a license for the marriage of a female to his knowledge domiciled in another county, shall forfeit the sum of $500 for every such Act, to be recovered at the suit of the father or mother, if living, and if not father or mother, the guardian or legal representative of either of such contracting parties; provided that under no circumstances shall more than one suit be maintained by the father or mother, guardian or legal representative of either of such contracting parties in connection with any one marriage; and provided further that no such action shall be brought prior to the expiration of sixty days from the date that such marriage becomes public and no suit hereunder shall be maintained after the expiration of twelve months from date such marriage becomes public. A recovery shall be had against the offending ordinary and his bondsmen, and from such recovery a reasonable attorney's fee, to be fixed by the presiding judge trying the case, shall be paid to the attorney representing the person bringing the suit, and, after the payment of court costs, then one-third of the remainder of said recovery shall be paid to the person bringing the suit and the remaining two-thirds shall be paid to the county educational fund of the county of such ordinary's residence. Provided, that no recovery shall be had for any alleged violation involving marriages in which both parties are more than eighteen

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JOURNAL OF THE HOUSE,

years of age. In addition to the liability provided herein, any ordinary who by himself or clerk shall issue a marriage license in violation of the time provision shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor."
SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
An amendment to the substitute offered by Mr. Nightingale of Glynn was read and lost.
On the adoption of the substitute, the ayes were 53, nays 89.
The substitute was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 39.
The bill, having received the requisite constitutional majority, was passed.
Mr. Mims of Miller gave notice that at the proper time he would move that the House reconsider its action in passing the bill.
Mr. Freeman of Monroe moved that the bill be immediately transmitted to the Senate.
On the motion, the ayes were 110, nays 36.
The bill was ordered immediately transmitted to the Senate.

Under the regular order of business, the following Resolution of the House was again taken up for consideration:

HR 75-331e. By Mr. McCracken of Jefferson:
A resolution requesting compensation for damages to Mrs. Mary A. Keating, and for other purposes.
The following amendment was read and adopted.
Mr. McCracken of Jefferson moves to amend HR 75-331e by striking the paragraph numbered one on the third page and inserting in lieu thereof the following new paragraph to be numbered paragraph one:
"1. Be it resolved by the House of Representatives, the Senate concurring, that the State Highway Board of Georgia be and it is hereby authorized and directed to pay out of the funds available to the said State Highway Board the sum of $5,000 to Mrs. Mary A. Keating of Bethlehem, Pennsylvania for the death of her son, Joseph Keating and the further sum of $5,000 to be paid by said State Highway Board to James A. Trimble of Bethlehem, Pennsylvania for expenses incurred in and for the death of his daughter, Rose Mary Keating on account of the collision aforesaid."
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.

WEDNESDAY, FEBRUARY 6, 1952

1697

On the adoption of the resolution, as amended, the ayes were 45, nays 61.
The resolution, having failed to receive the requisite constitutional majority, was lost.

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

HB 934. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to change the penalty for gambling on athletic contests, and for other purposes.
The report 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. Twitty of Mitchell moved that the House do now adjourn until 9:00 o'clock tomorrow morning, and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia, February 7, 1952.

The House met pursuant to adjournment, this day at 9:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, 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 :
f. Introduction of bills and resolutions.
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 uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

Mr. Lovett of Laurens County, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker: Your Committee on Appropriations 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 964. Do Pass, by substitute. Respectfully submitted,
Lovett of Laurens, Chairman.

Mr. Alverson of Fulton County, Chairman of the Committee on Counties and County Matters, submitted the following report:

THURSDAY, FEBRUARY 7, 1952

1699

Mr. Speaker: Your Committee on Counties and County Matters has had under considera-
tion 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 375. Do Pass.
SB 377. Do Pass. Respectfully submitted,
Alverson of Fulton,
Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General Judiciary #1, submitted the following report: Mr. Speaker:
Your Committee on General Judiciary #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 995. Do Pass. HB 1015. Do Pass. HB 1033. Do Pass. HB 1005. Do Pass. HB 1021. Do Pass. HB 900. Do Pass. HB 977. Do Not Pass. HB 1023. Do Not Pass. SB 339. Do Pass. SB 343. Do Pass. SB 317. Do Pass, as amended. SB 335. Do Pass. SB 347. Do Pass. SB 330. Do Not Pass.
Respectfully submitted, Gowen of Glynn, 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 fol-

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JOURNAL OF THE HOUSE,

lowing bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 371. Do Pass. Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. Ray of Warren 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 1006. Do Pass.
Respectfully submitted,
Ray of Warren,
Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. 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 781. By Mr. Beasley of Mcintosh:
A bill to regulate the use of nets for a certain period in dragging for shrimp in Georgia waters; to provide for penalty; to repeal conflicting laws, and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate Senators Edenfield of the 2nd, Grayson of the 1st, and Gould of the 4th.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 392. By Senators Millican of the 52nd and Rawls of the lOth:
A bill to provide for the transfer of the Fulton County Crime Laboratory to the State Department of Public Safety; to preserve the merit status of employees of the Crime Laboratory now governed under the Fulton County Civil Service Board or the City of Atlanta Personnel Board; to provide for the transfer of retirement credits to the Employees Retirement System; to repeal conflicting laws, and for other purposes.

THURSDAY, FEBRUARY 7, 1952

1701

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

HB 985. By Messrs. Durden and Gardner of Dougherty:
A bill to provide for holding four terms a year of the Superior Court of Dougherty County, Georgia; to prescribe the time of and holding the same, and for other purposes.
Mr. Speaker:
The Senate has passed as amended by the requisite constitutional majority the following bills of the House to wit:

HB 885. By Messrs. Ray of Warren, Smith of Fulton and others:
A bill to amend Code Section 68-303 of the Code of Georgia by amending subsection (f) thereof by adding a new method of signalling a turn of a motor vehicle by the driver thereof, and for other purposes.
Mr. Speaker:
The Senate has passed by substitute by the requisite constitutional majority the following resolution of the House to wit:

HR 111. By Messrs. Hall, Scoggin and Covington of Floyd:
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 Floyd County into school board districts, and for the election of members of the County Board of Education from such districts, to provide for their terms of office and qualifications; to provide for the submission of the amendment for ratification or rejection by the people of Floyd County; to provide for a County School Superintendent and his election by the County Board of Education, and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate to wit:

HB 704. By Mr. Scott of Thomas:
A bill to amend an Act entitled "An Act to create a new charter in the municipal government for the Town of Pavo, and for other purposes," by changing the name from the Town of Pavo to the City of Pavo, and for other purposes.

HB 802. By Messrs. Page and McGee of Chatham:
A bill amending the several Acts creating, incorporating, and relating to the Mayor and Aldermen of the City of Savannah, amendatory thereof and supplementary thereto, by providing that the Mayor and Aldermen of the City of Savannah have the right to operate public parking areas and public parking buildings in the City of Savannah, and for other purposes.

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JOURNAL OF THE HOUSE,

HB 810. By Mr. Whitworth of Madison:
A bill to amend an Act approved Feb. 16, 1949, (Ga. Laws, Ex. Session 1948, Regular Session 1949, pp. 587-644 inclusive) entitled "An Act to amend, consolidate and supersede the several Acts incorporating the City of Danielsville, in the County of Madison, State of Georgia, and for other purposes.

HB 852. By Messrs. Bell, Holley and Graham of Richmond:
A bill for the protection of the health and safety of the several counties of this State, to authorize the commissioners of roads and revenues or other authorities having charge of the roads and revenues of all counties in this State having a population of not less than 100,000 nor more than 112,000 by the U. S. Census of 1950 or any future U. S. Census to make, adopt, amend, change, repeal, prescribe building codes, etc.

HB 897. By Mr. Jordan of Wheeler:
A bill to amend an Act approved in 1909 (Ga. Laws 1909, p. 498-504), incorporating the Town of Alamo; and all Acts amendatory thereof; by changing said name to the City of Alamo; to provide permanent registration of the voters in said City; and for other purposes.

HB 899. By Mr. Jordan of Wheeler:
A bill to amend an Act approved August 11, 1908 (Ga. Laws 1908, p. 711), and all Acts amendatory thereof, incorporating the Town of Glenwood, Georgia, by changing the name of same to the City of Glenwood, and for other purposes.

HB 904. By Mr. Todd of Glascock:
A bill to amend an Act entitled "An Act to amend, consolidate and supersede an Act incorporating the Town of Gibson (Ga. Laws 1913, pp. 821 to 859) approved Aug. 20, 1933 in the County of Glascock, and for other purposes.

HB 927. By Messrs. Langdale and Register of Lowndes:
A bill to ratify and confirm an ordinance of the Mayor and Council of the Town of Lake Park abandoning and closing that portion of an alley and/or street known as Collins Street east of Forest Street and west of Gordon Street and lying between the said Forest and Gordon Streets, and for other purposes.
HB 937. By Messrs. Brantley and Adams of Upson:
A bill to amend an Act relating to the fees of coroners and jurors in certain counties, approved March 6, 1945 (Ga. Laws 1945, p. 353) so as to change the population figures contained therein, and for other purposes.
HB 938. By Mr. Ramsey of Effingham:
A bill to amend an Act approved August 19, 1912 (Ga. Laws 1912, p.

THURSDAY, FEBRUARY 7, 1952

1703

1290) and all Acts amendatory thereof, which Act created and incorporated the City of Springfield, so as to provide that the Mayor and Aldermen of said City may close and convey, if desired, a certain portion of Early Street in said City, and for other purposes.

HB 939. By Mr. Coogle of Macon:
A bill to amend an Act approved Feb. 8, 1951 (Ga. Laws 1951, p. 124), which provides a commission of one and one-half per cent of the net amount collected by the tax collector to be paid the tax receiver in all counties of the State having a population of not less than 14,180 and not more than 14,200, according to U. S. Census of 1950, and for other purposes.

HB 945. By Mr. Lovett of Laurens:
A bill 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, and for other purposes.

HB 955. By Mr. Harris of Wayne:
A bill to amend the Act incorporating the City of Jesup, Ga., approved Dec. 16, 1937, to prescribe the rights, powers, government and jurisdiction of said city, and for other purposes.

HB 956. By Messrs. Pickard and Hollis of Muscogee:
A bill amending the charter of the City of Columbus in the County of Muscogee so as to provide that, beginning the first Monday in January, 1954, each member of the Commission of the City of Columbus shall receive a salary of two hundred ($200.00) dollars per month, and for other purposes.

HB 961. By Mr. Russell of Barrow:
A bill to amend an Act approved Aug. 4, 1917, commencing in said Acts on page 926, ending on page 971, so as to confer upon the City of Winder the right, power and authority to operate gas distribution system both within and without the corporate limits of the City of Winder, and for other purposes.

HB 968. By Messrs. Hand and Twitty of Mitchell:
A bill to amend an Act entitled "An Act requiring all candidates for the General Assembly in counties having a population between 22,500 and 23,300 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 974. By Messrs. Langdale and Register of Lowndes:
A bill to amend an Act approved Feb. 12, 1945 (Ga. Laws 1945, p. 639), which Act created a Board of Commissioners of Roads and Reve-

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JOURNAL OF THE HOUSE,

nues for Lowndes County, to provide that Lowndes County shall be divided into three Commissioner Districts; to provide for election of Commissioners by county-wide vote, and for other purposes.

HB 978. By Mr. Tarpley of Union:
A bill to provide that Sheriffs in all counties of this State with not less than 6,900 population and not more than 7,320 population according to the U. S. Census of 1950 or any future U. S. Census, shall have a supplemental salary in addition to the fees and other compensation, and for other purposes.

SB 376. By Senator Duncan of the 34th:
A bill to amend an Act "To incorporate the Town of Sugar Hill in the County of Gwinnett set out in Ga. Laws of 1939, pages 1302-28", providing that the Mayor and three members of town council shall be elected on even years for a term of two years and two members of said council on odd years for a term of two years, and for other purposes.

SB 378. By Senator Millican of the 52nd:
A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues of the county of Fulton and to define their powers and duties, so as to provide that the successors to the two Commissioners whose terms expire December 31, 1952, shall be elected for a term of two (2) years ending December 31, 1954, and for other purposes.

SB 379. By Senator Millican of the 52nd:
A bill to amend an Act establishing a new charter for the City of East Point, and for other purposes.

SB 380. By Senator Millican of the 52nd:
A bill to amend an Act establishing a new charter for the City of East Point approved August 19, 1912, and the several Acts amendatory thereof; to provide that City of East Point police may sell unclaimed, abandoned, or stolen personal property after advertising, and for other purposes.

SB 381. By Senator Millican of the 52nd:
A bill to amend an Act establishing a new charter for the City of East Point, approved Aug. 19, 1912, and the several Acts amendatory thereof; to provide for the office of deputy marshal and deputy assistant, and for other purposes.

SB 382. By Senator Millican of the 52nd:
A bill to amend an Act establishing a new Charter for the City of East Point, and for other purposes.

THURSDAY, FEBRUARY 7, 1952

1705

SB 383. By Senator Millican of the 52nd:
A bill to amend an Act to authorize Fulton County to complete with convict labor and county property such projects as were under construction or authorized prior to Dec. 31, 1951 which may be within the corporate limits of the City of Atlanta, and for other purposes.

SB 384. By Senator Millican of the 52nd:
A bill to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenues of the County of Fulton and to define their powers and duties, and for other purposes.

SB 385. By Senator Millican of the 52nd:
A bill to repeal an Act entitled "An Act to require the Commissioners of Roads and Revenues of all counties in the State of Georgia having a population of 300,000 or over to supplement funds of the County Board of Education from any funds in the treasury of said county derived from sources other than taxation, to provide the method by which they shall be expended; and for other purposes", approved February 21, 1951 (Georgia Laws 1951, page 609), and for other purposes.

SB 387. By Senator Millican of the 52nd:
A bill to amend an Act establishing a new charter for the City of East Point approved August 19, 1912, and the several Acts amendatory thereof; to provide that business licenses and permits issued by the said city shall take effect on July 1st and expire on the 30th day of June each year, and for other purposes.

SB 389. By Senator Millican of the 52nd:
A bill to create a Joint City-County Board of Tax Assessors for the entire territory area in all counties of the State of Georgia having therein the greater part of a city with a population of 300,000 or more according to the U. S. Census of 1950, or any other future U. S. Census, to define their powers and duties, and for other purposes.

SR 106. By Senator Millican of the 52nd:
A resolution proposing an amendment to the Constitution of Georgia authorizing the General Assembly to provide for a Joint Board of Tax Assessors in counties having a city located therein of more than 300,000.

SR 113. By Senator Drinkard of the 29th:
A resolution proposing that the bridge over Little River on State Highway No. 47 between Lincoln and Columbia Counties be named and designated as the "Homer Legg Bridge", and for other purposes.
HB 480. By Mr. Bolton of Spalding:
A bill to ratify and make legal all verdicts and judgments heretofore rendered in any divorce case tried by the consent of the parties at the appearance term based upon a petition filed by the consent of the parties

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JOURNAL OF THE HOUSE,

less than twenty days before the appearance term; to repeal conflicting laws, and for other purposes.

HR 146. By Mr. MeWhorter of DeKalb:
A resolution to compensate certain newspapers for advertising proposed constitutional amendments at the request of the Acting Governor of Georgia, where such advertisements were actually carried in the newspapers and payment at the legal rate has not been made because of the present requirements of law, and for other purposes.

HR 168. By Messrs. Alverson of Fulton, Hand and Twitty of Mitchell, and others:
A resolution proposing to the qualified voters of Georgia an amendment to Article V, Section I, Paragraph XV of the Constitution of Georgia relating to the revision and veto power of the Governor, so as to provide that the Governor shall have thirty days after the adjournment of the General Assembly within which to approve any bill presented to him, and for other purposes.

SB 386. By Senator Millican of the 52nd:
A bill to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes.

SB 388. By Senator Millican of the 52nd:
A bill to amend an Act entitled an Act to require the County authorities in all counties having a population of 300,000 or more by the United States Census of 1950 or by any future United States Census to specify in any tax levy the percentage, number of mills or fractional part thereof levied for each separate purpose; to repeal conflicting laws, and for other purposes.

HB 724. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to grant extensions of time for the filing of income tax returns by returning Korean veterans; to provide that no interest shall accrue during such time, and for other purposes.
HB 612. By Messrs. Gardner of Dougherty and Twitty of Mitchell:
A bill for amendments and additions to the Act for the examination and registration of Architects.
HB 268. By Messrs. Dicus of Muscogee, Bentley of Cobb, Gowen of Glynn, and others:
A bill to amend Section 37-1503 of the Code of Georgia, relating to the grounds for the grant of the interpleader, by adding at the end of said Section the following language, "If the person bringing such action shall have to make or incur any expense in so doing, the amount so incurred shall be taxed in the bill of costs, under the approval of the court, and shall be paid by the party cast in the suit as other costs are now paid."

THURSDAY, FEBRUARY 7, 1952

1707

HB 266. By Messrs. Johnston and Sumner of Worth, Green of Irwin, and others:
A bill to amend an Act approved March 9, 1945 (Ga. Laws 1945, pp. 362-366) and entitled "An Act to provide for the creation of the office of judge of the superior court, emeritus; provide the terms, duties and compensation of incumbents; to create the superior court judges retirement fund of Georgia; to provide for trustees thereof, and for other purposes.

HB 623. By Messrs. Johnson of Hall, Pittard of Clarke, and others:
A bill to provide for two weeks annual military leave for persons attached to the reserve components of the Armed Forces of the United States or the State of Georgia, for retention of employee status of persons serving in certain military organizations, and for other purposes.

HB 137. By Messrs. Abney and Campbell of Walker:
A bill to amend an Act entitled, "An Act to create a new judicial Circuit for the State of Georgia, to be called the Lookout Judicial Circuit, and to be composed of the counties of Catoosa, Dade, Chattooga and Walker, and for other purposes.

HB 258. By Messrs. Mackay, McWhorter of DeKalb, Johnson of Hall, Vandiver of Bibb, and others:
A bill to amend Sections 60-422 and 60-424 of the 1933 Code of Georgia so as to provide that a decree of registration shall operate to free the registered land from further registration unless otherwise expressly provided, and for other purposes.

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

HB 1005. By Mr. Gardner of Dougherty:
A bill to be entitled an Act to create an engineering and advisory board, and for other purposes.

HB 1021. By Messrs. Mackay, Bell, and McWhorter of DeKalb, and others:
A bill to be entitled an Act to amend an Act so as to increase the salary of the solicitor-general of the Stone Mountain Circuit, and for other purposes.

HB 1033. By Messrs. Trapnell and Neville of Bulloch, Hawkins of Screven, and others:
A bill to be entitled an Act to amend Section 24-3104 of the 1933 Code of Georgia so as to change the compensation of the court reporter of the Ogeechee Judicial Circuit, and for other purposes.

SB 317. By Senators Rawls of the lOth, Mavity of the 44th, and others: A bill to be entitled an Act to amend Section 50-103 of the 1933 Code

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JOURNAL OF THE HOUSE,

of Georgia relating to verification of petitions for writ of habeas corpus, and for other purposes.

SB 335. By Senator Farrar of the 42nd:
A bill to be entitled an Act to amend an Act so as to provide for the designation of an existing court as a juvenile court in certain counties, and for other purposes.

SB 339. By Senator Carlisle of the 7th:
A bill to be entitled an Act to fix the salaries of certain employees of the court of appeals, and for other purposes.

SB 343. By Senators Millican of the 52nd and Rawls of the lOth:
A bill to be entitled an Act to fix the compensation of the reporter of the supreme court and the court of appeals, and for other purposes.

SB 347. By Senators Carlisle of the 7th and Connell of the 6th:
A bill to be entitled an Act to fix the salaries of certain employees of the supreme court, and for other purposes.

SB 371. By Senators Dunn of the 8th and Rawls of the lOth:
A bill to be entitled an Act to provide that actions upon contracts of lease of personal property, where a percentage of proceeds is involved, shall be brought within two years, and for other purposes.

SB 375. By Senator Farrar of the 42nd:
A bill to be entitled an Act to repeal an Act establishing a city court for Chattooga County, and for other purposes.

SB 377. By Senator Farrar of the 42nd:
A bill to be entitled an Act to supplement the compensation of the ordinary of Chattooga County, and for other purposes.

HB 1006. By Messrs. Adams of Evans, Ray of Warren, and McCracken of Jefferson:
A bill to be entitled an Act to amend Section 92-3106 of the 1933 Code of Georgia relating to the exemption of certain organizations from income taxation, and for other purposes.

By unanimous consent, the following bills and resolution of the House and Senate were taken up for consideration and read the third time:
HB 825. By Messrs. Rollins and Biggers of Meriwether:
A bill to be entitled an Act to amend an Act so as to change the corporate limits of the City of Manchester, and for other purposes.

THURSDAY, FEBRUARY 7, 1952

1709

The following committee substitute to HB 825 was read and adopted:

AN ACT
To amend an Act approved August 16, 1909 (Georgia Laws 1909, page 1071), and all Acts amendatory thereof, which incorporated the City of Manchester in the Counties of Meriwether and Talbot, so as to provide that the corporate limits of the City of Manchester shall include lands lying only in Meriwether County; to re-define the corporate limits of the City of Manchester; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY STATE OF GEORGIA:

SECTION 1
Section 3 of the Act approved August 16, 1909 (Georgia Laws 1909, page 1071), as amended, which incorporated the City of Manchester in the Counties of Meriwether and Talbot, is hereby amended by striking said Section 3 in its entirety and substituting therefor a new Section 3 to read as follows:
"Section 3. BE IT FURTHER ENACTED, that the corporate limits of the City of Manchester, as amended, shall include the following territories, to wit: All of Lots of Land Numbers Two Hundred Fortythree (243), Two Hundred Forty-four (244), Two Hundred Sixty-nine (269), and Two Hundred Seventy (270) in the Gill (originally Second) District of Meriwether County, Georgia; the west half of Lot of Land Number Thirteen (13) in the Chalybeate (formerly First) District of Meriwether County, Georgia, and the following portion of the east half of said Lot of Land Number Thirteen (13) in the said Chalybeate District, to wit: Commencing at the southeast corner of the west half of said Lot of Land Number Thirteen (13), thence running east along the south boundary line of said Lot of Land Number Thirteen to a point which is fifteen and 15/100 (15.15) chains east of the first branch east of the residence known as the old A. J. Routon residence; thence running due North a distance of twenty-six and 40/100 (26.40) chains to a branch, thence up and along said branch to a ditch location, thence in a northwesterly direction along said ditch location to the point of intersection of a branch with the north boundary line of said Lot of Land Number thirteen (13), thence running west along the north boundary line of said Lot of Land Number Thirteen (13) to the east boundary line of the west half of said Lot of Land Number Thirteen (13), thence running south along the east boundary line of the west half of said Lot of Land to the south boundary line of said Lot of Land, at the point of beginning; All of that part of Land of Lot Number Two Hundred Thirty-seven (237) in the said Gill District of Meriwether County, Georgia, described as follows: Beginning at the southeast corner of said Lot of Land Number 237, thence running west along the south boundary line of said Lot Land Number 237 a distance of two thousand five hundred ninety-one (2591) feet, thence running North along the west boundary line of the Manchester Development Company subdivision a distance of twenty-two hundred (2200) feet, thence running East along the north boundary line of the Manchester Development Company subdivision to the southerly boundary line of the right-

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of-way of the Atlantic Coast Line Railroad, thence running northwesterly along the southerly boundary line of the right-of-way of the Atlantic Coast Line Railroad to its intersection with the north boundary line of said Lot of Land No. 237, thence running east along the north boundary line of said Lot of Land No. 237 to its northeast corner, thence running south along the east boundary line of said Lot of Land No. 237 to its southeast corner and point of beginning; All that part of Lot of Land Number Two Hundred Forty-five (245) in the said Gill District of Meriwether County, Georgia, described as follows: Beginning at the southwest corner of said Lot of Land No. 245, thence running north along the west boundary line of said Lot of Land No. 245 a distance of thirty-three and 15/100 (33.15) chains, thence running due East a distance of twenty-two and 80/100 (22.80) chains, thence running due South a distance of twenty-one and 90/100 (21.90) chains, thence running east to the east boundary line of said Lot of Land No. 245, thence running south along the east boundary line of said Lot of Land No. 245 to its southeast corner, thence running west to point of beginning; All that part of Lot of Land Number Two Hundred Sixtyeight (268) in the said Gill District of Meriwether County, Georgia, described as follows: Beginning at the southeast corner of said Lot of Land No. 268, thence running north along the east boundary line of said Lot of Land No. 268 a distance of twenty-one and 55/100 (21.55) chains, thence running North thirty-three and 5/10 (33.5) degrees West a distance of seven and one-half (7.5) chains, thence running South eightytwo degrees West a distance of four and 68/100 (4.68) chains, thence running North seventy-eight and 75/100 (78.75) degrees West a distance of forty-two and 93/100 (42.93) chains to a public road, thence South fourteen and one-half ( 14.5) degrees East along said road to its point of intersection with the old Woodbury-Manchester public road, thence along said public road in a southwesterly direction to the north boundary line of the south one-fourth of said Lot of Land No. 268, thence running west to the west boundary line of said Lot of Land No. 268, thence running south a distance of eleven and 25/100 (11.25) chains to the southwest corner of said Lot of Land No. 268, thence running east along the south boundary line of said Lot of Land to its southeast corner and point of beginning; All that part of Lot of Land Number Fourteen (14) in the Chalybeate (formerly First) District of Meriwether County, Georgia described as follows: Beginning at the northwest corner of said Lot of Land No. 14, thence running due south along original land lot line a distance of ten ( 10) chains, thence running due East a distance of twenty-three and 5/100 (23.05) chains, thence running due North a distance of ten ( 10) chains to the north boundary line of said Lot of Land No. 14, thence running due west a distance of twenty-three and 5/100 (23.05) chains to point of beginning; All that part of Lot of Land Number Two Hundred Thirty-eight (238) in the said Gill District of Meriwether County, Georgia, described as follows: Beginning at the northeast corner of said Lot of Land No. 238, thence running South along the east boundary line of said Lot of Land No. 238 for a distance of seven hundred twenty-nine (729) feet, thence running West a distance of two hundred thirty-five (235) feet, thence running South a distance of four hundred twenty (420) feet, thence running East a distance of fifteen (15) feet, thence running South a distance of four hundred ten feet (410) feet to the south boundary line of the lands known as the J. L. Webster, Jr. lands, thence running West a distance of one thousand seven hundred thirty (1730) feet to a seasonal stream, thence running northerly down said stream

THURSDAY, FEBRUARY 7, 1952

1711

a distance of six hundred sixty ( 660) feet to a point, thence running due North a distance of nine hundred fifty-five (955) feet to a point which is forty-five (45) feet south of the north boundary line of said Lot of Land No. 238, thence running East along a line parallel with and forty-five (45) feet south of the north boundary line of said Lot of Land No. 238 to a point which is forty-five (45) feet south of the southwest corner of Lot Number Twenty-two (22) in Block Number One A ( 1A) of the properties of the Manchester Development Company as shown by plat recorded in Plat Book 1, Page 285 of the records in the office of the Clerk of Superior Court of Meriwether County, Georgia, reference to which is hereby made, thence running East a distance of twenty-five (25) feet to the middle of a branch, thence running southeasterly along the center of said branch to a point which is sixty (60) feet, more or less, south of the southeast corner of Lot Number Twentyone (21) in said Block Number One A (1A), thence running north to the north boundary line of said Lot of Land No. 238, thence running east along the north boundary line of said Lot of Land No. 238 a distance of one thousand (1000) feet to point of beginning."

SECTION 2.
All laws and parts of laws in conflict with this Act are hereby repealed.
NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION.
Notice is hereby given of intention to apply for the passage of a local bill at the.January, 1952 session of the General Assembly of Georgia, to amend the charter of the City of Manchester, Georgia and to provide that no lands in Talbot County, Georgia are included in the city limits of Manchester.
This December 1, 1951.
Board of Commissioners for the City cf Manchester.
GEORGIA, FULTON COUNTY.
Before me, an officer duly authorized to administer oaths, appeared GRADY ROLLINS, who on oath deposes and says that he is a member of the House of Representatives from Meriwether County, and that the above advertisement of notice of intention to introduce local legislation was published on November 30, 1951, December 7, 1951 and December 14, 1951 in the MERIWETHER VINDICATOR, which is the official organ of Meriwether County, and on November 29, 1951, December 6, 1951 and December 13, 1951 in the TALBOTTON NEW ERA, which is the official organ of Talbot County, as provided by law.
/s/ Grady Rollins GRADY ROLLINS Representative, Meriwether County
Sworn to and subscribed before me, this 5 day of February, 1952.
Is/ H. S. Garrier Notary Ptiblic

1712

JOURNAL OF THE HOUSE,

The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 896. By Mr. Green of Cherokee:
A bill to be entitled an Act to place certain officers of Cherokee County 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 903. By Messrs. Pittard and Matthews of Clarke:
A bill to be entitled an Act to consolidate the offices of tax collector and tax receiver of Clarke County into the office of tax commissioner, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 994. By Messrs. Alverson, M. Smith, and H. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to provide for the extension of the corporate limits of the City of Mountain Park, and for other purposes.
The following committee amendment was read and adopted:
The Fulton delegation moves to amend HB 994 as follows: By striking Sections 1 and 3 of said bill in their entirety and renumbering Sections 2 and 4 so as to make them 1 and 2, 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 106, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 1008. By Mr. Green of Cherokee:
A bill to be entitled an Act to amend an Act so as to fix the salary of the clerk to the commissioners of roads and revenues of Cherokee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

THURSDAY, FEBRUARY 7, 1952

1713

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

HB 1009. By Mr. Green of Cherokee:
A bill to be entitled an Act to amend an Act so as to change the compensation of the commissioner of roads and revenues of Cherokee County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1010. By Mr. Griffith of Putnam:
A bill to be entitled an Act to amend an Act so as to provide for the compensation of the mayor of Eatonton, and for other purposes.
The report 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 1011. By Messrs. Duncan and Perkins of Cal'roll:
A bill to be entitled an Act to amend an Act creating 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 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1012. By Messrs. Bell and Graham of Richmond:
A bill to be entitled an Act to amend an Act creating the Board of Education of Richmond 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.

HB 1013. By Messrs. Duncan and Perkins of Carroll:
A bill to be entitled an Act requiring all candidates for the General Assembly in Carroll County to designate and qualify for certain seats in the General Assembly, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1714

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 112, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1014. By Mr. Langdale 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," and for other purposes.
The report 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 1015. By Messrs. Murr and Burgamy of Sumter:
A bill to be entitled an Act to amend an Act entitled "An Act to establish the City Court of Americus, to be located and held in the City of Americus, Georgia, in and for the County of Sumter," and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1016. By Mr. Kemp of Clayton:
A bill to be entitled an Act to amend an Act to change from Fee System to Salary System in County of Clayton, Clerk of Superior Court and 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 115, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 288-1016a. By Messrs. Smith and Edenfield of Emanuel:
A resolution authorizing and directing the State Librarian to furnish certain records to Emanuel County.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 116, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

HB 1017. By Mr. Sivell of Harris: A bill to be entitled an Act to amend an Act entitled "An Act to fix the

THURSDAY, FEBRUARY 7, 1952

1715

compensation of the members of the Board of Commissioners of Roads and Revenues of Harris County, Georgia, and for other 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 117, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1022. By Messrs. Mackay, McWhorter and Bell of DeKalb:
A bill to be entitled an Act to amend the Act of 1935, creating a new charter for the City of Chamblee, and for other purposes.
The report 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 1025. By Mr. Brooks of Oglethorpe:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Crawford, 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 119, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1027. By Messrs. Bell, Holley and Graham of Richmond:
A bill to be entitled an Act to authorize the designation of the fiscal year for certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 120, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1030. By Messrs. Bell, Mackay and McWhorter of DeKalb:
A bill to be entitled an Act to amend an Act creating and establishing a County Planning Commission and Board of Zoning Appeals for 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 121, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1716

JOURNAL OF THE HOUSE,

HB 1031. By Messrs. Bell, Holley and Graham of Richmond:
A bill to be entitled an Act to amend the Charter of the City of Augusta to abolish the Board of Civil Service Commission 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 122, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1032. By Messrs. Bell, Holley and Graham of Richmond:
A bill to be entitled an Act to amend an Act so as to create a civil service commission for the City of Augusta, and for other purposes.

The following committee amendments were read and adopted:
The committee moves to amend HB 1032 by adding to Section 7 Paragraph (n) a new subsection to be known as Section 7, Paragraph (n) Subsection (4) to read as follows:
" (4) Said Commission shall also have authority to establish Divisions or Departments within the Police Department in order that said Police Department shall be efficiently organized."
The committee moves to amend HB 1032 by striking the following words at the end of Section 8 "Until such time as said commission shall deem it necessary to retire him", and inserting in lieu thereof, the following language to-wit:
"And upon securing twenty-five (25) years of service and upon being fifty-five (55) years of age, or more, said officer or employee shall be eligible to retire upon his own motion, or upon motion of said commission should said commission deem it necessary to retire him."
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 123, nays 0.
The bill, having received the requisite constitutional majority, as amended, was passed.

SB 326. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide pensions in certain cities for general officers, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 124, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 355. By Senator Willingham of the 39th: A bill to be entitled an Act to authorize the Board of Lights and Water-

THURSDAY, FEBRUARY 7, 1952

1717

works of the City of Marietta to assess and collect fees, charges and tolls, and for other purposes.
The report 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.

SB 364. By Senator Williams of the 19th:
A bill to be entitled an Act to amend the City Charter of Crawfordville, fixing salaries of employees and officers of the City, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 126, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 360. By Senator Oliver of the 54th:
A bill to be entitled an Act to fix the salary of officers of the Police Force 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 127, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 367. By Senator Oliver of the 54th:
A bill to be entitled an Act to amend an Act creating the City Court of Reidsville, and for fixing the salary of the Judge of said Court, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 128, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Mr. Matthews of Clarke requested that his name be stricken as one of the authors of the following bill:

HB 1034. By Messrs. Key of Jasper and Matthews of Clarke:
A bill to be entitled an Act relating to livestock running at large on public highways, and for other purposes.

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

1718

JOURNAL OF THE HOUSE,

SR 106. By Senator Millican of the 52nd:
A resolution proposing an amendment authorizing the General Assembly to provide for a joint board of tax assessors in counties having a city located therein or more than 300,000, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 376. By Senator Duncan of the 34th:
A bill to be entitled an Act to amend an Act to incorporate the Town of Sugar Hill, in the County of Gwinnett, and for other purposes.
Referred to the Committee on Municipal Government.

SB 378. By Senator Millican of the 52nd:
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 the County of Fulton, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 379. 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 East Point, and for other purposes.
Referred to the Committee on Municipal Government.

SB 380. 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 East Point; to provide that City of East Point Police may sell unclaimed, abandoned, or stolen personal property after advertising, and for other purposes.
Referred to the Committee on Municipal Government.

SB 381. 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 East Point; to provide for the office of deputy marshal and deputy assistant, and for other purposes.
Referred to the Committee on Municipal Government.

SB 382. 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 East Point, relating to the City Recorder and City Attorney, and for other purposes.
Referred to the Committee on Municipal Government.

SB 383. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act to authorize Fulton County to complete with convict labor and county property such projects as

THURSDAY, FEBRUARY 7, 1952

1719

were under construction or authorized prior to Dec. 31, 1951 which may be within the corporate limits of the City of Atlanta, and for other purposes.
Refez:red to the Committee on Municipal Government.

SB 384. By Senator Millican of the 52nd:
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 the County of Fulton, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 385. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act entitled an Act to require the Commissioners of Roads and Revenues of all counties having a population of 300,000 or more to supplement funds of the County Board of Education from any funds in the treasury of said county derived from sources other than taxation, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 386. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide in Fulton County a system for pensions and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 387. 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 East Point, relating to business licenses, and for other purposes.
Referred to the Committee on Municipal Government.

SB 388. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act entitled an Act to require the county authorities in all counties having a population of 300,000 or more to specify in any tax levy the percentage number of mills or fractional part thereof levied for each separate purpose, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 389. By Senator Millican of the 52nd:
A bill to be entitled an Act to create a Joint City-County Board of Tax Assessors for the entire territory area in all counties having a population of 300,000 or more, and for other purposes.
Referred to the Committee on Counties and County Matters.

1720

JOURNAL OF THE HOUSE,

SB 392. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide for the transfer of the Fulton County Crime Laboratory to the State Department of Public Safety. and for other purposes.
Referred to the Committee on State of Republic.

By unanimous consent, the House reconsidered its action in passing the following bill of the Senate:

SB 362. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to change the name of the recorder's court to the municipal court of Atlanta, and for other purposes.

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 969. By Messrs. Rogers of Heard and Biggers of Meriwether:
A bill to be entitled an Act to amend an Act so as to appropriate $100,000.00 for the purpose of controlling rabies in wild animals, and for other purposes.
The House was resolved into a committee of the Whole House to consider HB 969, and the Speaker designated Mr. Smith of Emanuel as Chairman thereof.
The Committee of the Whole House arose and through its Chairman reported HB 969 back to the House with the recommendation that the same do pass.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Walker Adams of Evans Adams of Upson Alverson Barber of Jackson Baughman Beasley Bell of DeKalb Best Black Boone Brannen Britton Burgamy Byrd Callier Campbell of Oconee Carr

Cates Clark Clary Coogle Dally Deason Denton Dews Dorsey Edenfield
Gardner Garrard Gary Gowen Graham Green of Cherokee
Greer Griffith

Groover Hadden Hall of Toombs Harrell
Harris Hawkins Holley Jackson Kemp Key
Kidd King Kitchens Knight Lam Langdale
Leach Lewis of Hancock

THURSDAY, FEBRUARY 7, 1952

1721

Lowtt McCracken McGarity McKelvey Mackay Mangum Matthews Mims Mishoe Murphy Murr Musgrove Neville Overby Owens Page Parker Perkins Pittard

Ramsey Raulerson Robertson of Coweta Rogers Rollins Rowland Russell Scott Simmons Sivell Smiley Smith of Emanuel Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tarbutton Tarpley

Todd Trapnell Tumlin Turk Vandiver Walker of Crawford Walker of Telfair Warren Wheeler White Wiggins Wilkinson Williams of Houston Willingham Willis Wooten Wright

Those voting in the negative were Messrs.:

Adams of Brantley Barber of Colquitt Deen Durden Durham

Green of Rabun Henderson Little Nelson Register

Robertson of Dawson Tillman Tippens
Weems

Those not voting were Messrs.: Abney of Catoosa, Aycock, Ball, Bargeron, Barrett, Battles, Bell of Richmond, Bentley, Biggers, Birdsong, Boggus Bolton, Brantley, Brazeal, Brooks, Burkett Campbell of Walker, Claxton, Clay, Coffin, Cornelius, Covington, Cranford, Dicus, Duncan, Fears, Flynt, Freeman, Gillis, Green of Irwin, Greene of Crisp, Guthrie, Hale, Hall of Floyd, Harper, Herrin, Hilton, Hollis, Hood, Hopkins, Huddleston, lvey, Jessup, Johnson of Hall, Johnston, Jolly, Jones of Bartow, Jones of Lumpkin, Jordan, Kelley, Kennedy, Lanier, Lavender, Lewis of Greene, McGee, McWhorter, Mull, Newman, Nightingale, Otwell, Peacock, Pickard, Pickett, Ray, Risner, Scoggin, Sheffield, Short, Smith of Bryan, M. M. Smith of Fulton, Hoke Smith of Fulton, Tamplin, Terry, Twitty (present), Ursrey, Vickers, Waldrop, Whitworth, Wilkes, Williams of Cobb, Wood, and Mr. Speaker.

By unanimous consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 19, nays 13. The bill, having received the requisite constitutional majority, was passed.

HR 194-810g. By Mr. Kidd of Baldwin:
A resolution to investigate the possibility of requiring third and fourth year medical students to spend two months interning at Milledgeville State Hospital, 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 100, nays 3.
The resolution was adopted.

1722

JOURNAL OF THE HOUSE,

HB 767. By Messrs. Twitty of Mitchell, Smith of Emanuel, and Gowen of Glynn:
A bill to be entitled an Act to amend Section 6-1001 of the 1933 Code of Georgia so as to provide that in all felony cases the clerk shall furnish the attorney general with a copy of the bill of exceptions, and for other purposes.
The report 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 872. By Messrs. Jordan of Wheeler, Gillis of Treutlen, and Langdale of Lowndes:
A bill to be entitled an Act to amend an Act so as to provide for forestry investigators, and for other purposes.
The report 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 6.
The bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the folloV~<ing bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 985. By Messrs. Durden and Gardner of Dougherty:
A bill to be entitled an Act to provide for holding four terms a year of the superior court of Dougherty County, and for other purposes.

The following Senate substitute to HB 985 was read:

AN ACT
To change the name of the Albany Judicial Circuit to the Camilla Judicial Circuit; to create a new judicial circuit for the State of Georgia to be called the Albany Judicial Circuit to be composed of the County of Dougherty; to provide for a judge and a solicitor-general for said circuit; to fix the terms of court in the said county of the circuit; to provide for compensation; to provide for grand juries; to amend Section 24-2501 of the Code of Georgia of 1933, as amended, which section relates to judicial circuits; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA as follows:
SECTION 1. Effective January 1, 1953, the name of the present Albany Judicial Circuit, composed of the counties of Baker, Calhoun, Decatur, Dougherty, Mitchell and Grady, shall be changed to the Camilla Judicial Circuit and composed of the counties of Baker, Calhoun, Decatur, Mitchell and Grady.

THURSDAY, FEBRUARY 7, 1952

1723

SECTION 2. Effective January 1, 1953, there is hereby created a new judicial circuit of the Superior Courts of this State to be known as the Albany Judicial Circuit, composed of the Superior Court of the county of Dougherty.
SECTION 3. The terms of court for said county shall be regularly held on the first Monday in each month.
SECTION 4. The Grand Jury of said county shall be convened in January and July of each year and each such Grand Jury shall serve for six months at the pleasure of the Judge of the Superior Court of said county.
SECTION 5. The offices of Judge and Solicitor-General of the Superior Court of the Albany Judicial Circuit are hereby created. A Judge and a Solicitor-General for said Circuit shall be elected at the general election of 1952 to take office for a term beginning January 1, 1953, and the said Albany Judicial Circuit shall not come into existence until January 1, 1953. The compensation of the Judge of said circuit shall be that as now provided for judges of the superior courts. The Solicitor-General of the Dougherty Judicial Circuit shall be compensated on a salary basis rather than a fee basis, and in addition to the salary paid the solicitors-general of the superior courts by the State, the solicitorgeneral of the Albany Judicial Circuit shall receive the sum of $6,000.00 per annum to be paid in equal monthly installments from the general funds of Dougherty County.
SECTION 6. That all proceedings and litigations, civil, equitable and criminal pending in the Superior Court of the County of the Albany Judicial Circuit, including all pleadings, petitions, indictments, special presentments, summons, processes, motions, writs, mesne and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending or commenced in the county of the circuit to which it belonged before the passage of this Act, shall relate to, become a part of and be transferred and placed in the Albany Judicial Circuit and its jurisdiction when said circuit comes into existence.
SECTION 7. Section 24-2501 of the Code of Georgia of 1933, as amended, which section enumerates the 36 judicial circuits of Georgia and the counties composing each circuit, is hereby amended by striking the figure "36" in the first sentence and inserting in lieu thereof the figure "37", and by striking the words "Albany Circuit, composed of the counties of Baker, Calhoun, Decatur, Dougherty, Mitchell and Grady" and substituting in lieu thereof the words "Albany Circuit, composed of the county of Dougherty", and by adding after the words "Brunswick Circuit, composed of the counties of Appling, Camden, Glynn, Wayne and Jeff Davis" the words "Camilla Circuit, composed of the counties of Baker, Calhoun, Decatur, Mitchell and Grady", so that Section 24-2501 when so amended shall read as follows:
"The entire State is divided into 37 judicial circuits, in reference to the jurisdiction and sessions of the superior courts, as follows, to wit:
Alapaha Circuit, composed of the counties of Atkinson, Berrien, Clinch, Cook and Lanier.
Albany. Circuit, composed of the county of Dougherty.

1724

JOURNAL OF THE HOUSE,
Atlanta Circuit, composed of the county of Fulton.
Atlantic Circuit, composed of the counties of Bryan, Liberty, McIntosh, Tattnall, Evans and Long.
Augusta Circuit, composed of the counties of Burke, Columbia and Richmond.
Blue Ridge Circuit, composed of the counties of Cherokee, Fannin, Forsyth, Gilmer and Pickens.
Brunswick Circuit, composed of the counties of Appling, Camden, Glynn, Wayne and Jeff Davis.
Camilla Circuit, composed of the counties of Baker, Calhoun, Decatur, Mitchell and Grady.
Chattahoochee Circuit, composed of the counties of Chattahoochee, Harris, Marion, Muscogee, Talbot and Taylor.
Cherokee Circuit, composed of the counties of Bartow, Gordon, Murray and Whitfield.
Cobb Circuit, composed of the county of Cobb.
Cordele Circuit, composed of the counties of Dooly, Wilcox, Crisp and Ben Hill.
Coweta Circuit, composed of the counties of Carroll, Coweta, Crisp Meriwether and Troup.
Dublin Circuit, composed of the counties of Laurens, Johnson and Twiggs.
Eastern Circuit, composed of the county of Chatham.
Flynt Circuit, composed of the counties of Butts, Henry, Monroe and Lamar.
Griffin Circuit, composed of the counties of Spalding, Pike, Upson and Fayette.
Lookout Circuit, composed of the counties of Catoosa, Dade, Chattooga and Walker.
Macon Circuit, composed of the counties of Bibb, Crawford, Houston and Peach.
Middle Circuit, composed of the counties of Emanuel, Jefferson, Washington, Toombs and Candler.
Mountain Circuit, composed of the counties of Habersham, Rabun, Stephens, Towns and Union.
Northeastern Circuit, composed of the counties of Dawson, Hall, Lumpkin and White.
Northern Circuit, composed of the counties of Elbert, Hart, Madison, Oglethorpe and Franklin.
Ocmulgee Circuit, composed of the counties of Baldwin, Greene, Jasper, Jones, Morgan, Putnam, Wilkinson and Hancock.

THURSDAY, FEBRUARY 7, 1952

1725

Oconee Circuit, composed of the counties of Dodge, Montgomery, Pulaski, Telfair, Bleckley, Wheeler and Treutlen.
Ogeechee Circuit, composed of the counties of Bulloch, Effingham, Jenkins and Screven.
Pataula Circuit, composed of the counties of Clay, Early, Miller, Quitman, Randolph, Terrell and Seminole.
Piedmont Circuit, composed of the counties of Gwinnett, Barrow, Jackson and Banks.
Rome Circuit, composed of the county of Floyd.
Southern Circuit, composed of the counties of Brooks, Colquitt, and Echols.
Southwestern Circuit, composed of the counties of Lee, Macon, Schley, Stewart, Sumter and Webster.
Stone Mountain Circuit, composed of the counties of Clayton, DeKalb, Newton and Rockdale. The judge of the Stone Mountain Circuit, when the business of said circuit does not require his attention, may aid in the disposition of the business of the Atlanta Circuit.
Tallapoosa Circuit, composed of the counties of Douglas, Haralson, Polk and Paulding.
Tifton Circuit, composed of the counties of Tift, Irwin, Worth and Turner.
Toombs Circuit, composed of the counties of Glascock, Lincoln, Taliaferro, Warren, Wilkes and McDuffie.
Waycross Circuit, composed of the counties of Pierce, Coffee, Charlton, Ware, Bacon and Brantley.
Western Circuit, composed of the counties of Clarke, Oconee and Walton."
SECTION 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Gardner of Dougherty moved that the House agree to the Senate substitute to HB 985.

The following communication was read:
House of Representatives
Atlanta
February 7, 1952.
Hon. Frank Twitty, Floor Leader House of Representatives Atlanta, Georgia
Dear Frank:
B. C. Gardner and I as representatives from Dougherty County introduced a bill providing for four terms of court for Superior Court

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JOURNAL OF THE HOUSE,

of Dougherty County. It is my information that an effort will be made in the Senate by Senator Rawls to amend this bill and substitute the Circuit Court Bill in its place.
As you know, the Circuit Court Bill was originally passed i~ the Senate and has not been favorably considered in the House and it was for that reason that we introduced the four term court bill. It is my desire that if and when the four term court bill is amended in the Senate that it do not pass and this letter is to be considered by you as if I were present to make this statement.
Briefly, Senator Rawls, Representative Gardner and I had an agreement to the effect that we would support the Circuit Court Bill until it became apparent that it could not pass and then Senator Rawls agreed that in that event he would support a bill providing for four terms of Superior Court. Senator Rawls now states that he is opposed to four terms of Superior Court and I construe his efforts to substitute the judicial bill is for no other purpose than to kill the four term bill.
I regret very much that business engagement makes it impossible for me to be present for the remainder of this session.
Sincerely yours, Adie N. Durden.
AND:eh

Only 14 members voting in the affirmative the Senate substitute to HB 985 was disagreed to.

The following bill of the House was taken up for the purpose of appointing a Committee of Conference thereon:

HB 781. By Mr. Beasley of Mcintosh:
A bill to be entitled an Act to regulate the use of nets for a certain period in dragging for shrimp in Georgia waters, and for other purposes.
The Speaker appointed as Committee of Conference the following members of the House: Messrs. Gowen of Glynn, Langdale of Lowndes, and Page of Chatham.
Pursuant to resolution adopted by the House the a capella Choir of the Thomaston High School appeared upon the floor of the House and rendered several selections.
The following resolutions were read and adopted:
HR 294. By Messrs. Page of Chatham, Bell of Richmond, and others:
A RESOLUTION
WHEREAS, the House of Representatives were dined and otherwise feted at a dinner given by the amiable gentleman from Bleckley, the Honorable Ben Jessup, and'
WHEREAS, those members of the House who attended the dinner experienced conviviality and fellowship without comparison,

THURSDAY, FEBRUARY 7, 1952

1727

NOW THEREFORE BE IT RESOLVED by the House of Representatives that the thanks and appreciation of this House be ana are hereby expressed to the gentleman from Bleckley and his constituents who made the dinner possible.

HR 295. By Messrs. Boggus of Ben Hill, Hand and Twitty of Mitchell:

A RESOLUTION
WHEREAS, on Wednesday, February 6, in the year of our Lord One Thousand Nine Hundred Fifty-two, there departed this life His Exalted Majesty King George VI of England, and
WHEREAS, the sovereign State of Georgia was first founded as a colony of the British Empire in 1732 under royal grant from His Majesty George II, King of England, and
WHEREAS, political disunion and the passage of time have not served to lessen the indomitable pride of all Georgians for their great English heritage, and
WHEREAS, the same Christian respect for the sublime dignity of man so characteristic of English tradition traverses yet the veins of all Georgians, and by the Grace of God we pray forever shall, and
WHEREAS, it is, therefore, altogether fitting and proper that this body momentarily turn from the affairs of State to pay honor and tribute to one whose quietus from this earthly realm marks the end of a reign which shouldered many of the heaviest and gravest responsibilities ever to befall the lot of all mankind,
NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia that the deepest and sincerest condolences and sympathy of this body be extended to Her Majesty, Queen Elizabeth II, the royal family, and the courageous people of the British Commonwealth.
BE IT FURTHER RESOLVED that a copy of this resolution be forthwith dispa:tched to Her Royal Majesty Queen Elizabeth II.
Mr. Gowen of Glynn asked unanimous consent that the Clerk be directed to add to the caption of HB 636, as enrolled and engrossed, the words "to provide ~he time that initiatory petitions may circulate" immediately before the words "and for other purposes".
The unanimous consent request was granted and the Clerk was directed to make the corrections.

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

HB 873. By Messrs. Langdale of Lowndes, Jordan of Wheeler, and Gillis of Treutlen:
A bill to be entitled an Act to authorize the purchase of airplanes by the state forestry commission, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1728

JOURNAL OF THE HOUSE,

On the passage of the bill, the ayes were 103, nays 2. The bill, having received the requisite constitutional majority, was passed.

HB 870. By Messrs. Lewis of Hancock and Best of Clay:
A bill to be entitled an Act to amend Section 13-2048 of the 1933 Code of Georgia relating to the payment of deposits of a deceased depositor, and for other purposes.
The report 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 965. By Messrs. Tumlin of Bartow, Bentley of Cobb, and others:
A bill to be entitled an Act to regulate boat traffic upon the waters of this State, and for other purposes.

The following amendment was read and adopted:
Mr. Nightingale of Glynn moves to amend HB 965 as follows: By inserting in the title thereof the word "fresh" before the word "waters" and after the words "traffic upon the" in the second line thereof; and
By inserting in Section 1 the word "fresh" before the words "waters of this State" in line three of said Section and after the words "operating upon the" in line two of said Section; and
By inserting in Section 3 the word "fresh" after the words "arrests upon the" and before the word "waters" on line three of said section.
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 2.
The bill having received the requisite constitutional majority, was passed as amended.

Mr. Twitty of Mitchell moved that the House do now recess until 1:00 o'clock P. M., this afternoon, and the motion prevailed.
1:00 o'clock P. M. The Speaker called the House to order.

The following Resolutions were read and adopted:

HR 296. By Messrs. Freeman of Monroe and Lovett of Laurens:

A RESOLUTION
WHEREAS, the Hon. James F. Byrnes, the distinguished Governor of the great State of South Carolina did address a joint session of the General Assembly of Georgia on February 6, 1952;

THURSDAY, FEBRUARY 7, 1952

1729

WHEREAS, this distinguished American did bring to the General Assembly a stirring message eloquently reaffirming the fundamental principles of constitutional government and;
WHEREAS, he did forcefully outline a safe course of action for us to pursue in these perilous times
THEREFORE BE IT RESOLVED by the House of Representatives of Georgia, the Senate of Georgia concurring, that the General Assembly of Georgia does express its most sincere and cordial thanks to this distinguished American, the Hon. James F. Byrnes, for his magnificent message, and that a copy of this Resolution be forwarded to the Hon. James F. Byrnes.

SR 113. By Senator Drinkard of the 29th:

A RESOLUTION
WHEREAS, Honorable Homer Legg is an honored and respected citizen of Lincoln County, Georgia, having for many years rendered invaluable and meritorious service to the citizens of Lincoln County as Ordinary; and
WHEREAS, the bridge across Little River on State Highway No. 47 between Lincoln and Columbia Counties was retained and not removed as contemplated by the Army Engineers in the plans for the great Clark Hill development on the Savannah River only after unceasing and persistent work on the part of local citizens and officials; and
WHEREAS, the retaining of this bridge is a great benefit to travelers along said highway and said bridge was retained in large measure by the untiring work and efforts of said Homer Legg, acting in his official capacity; and
WHEREAS, the sentiment of the citizens of that locality has been voiced by the press, urging suitable commemoration of the work of Judge Homer Legg; and
WHEREAS, it is fitting and proper that some act should be done to memorialize that respected citizen of Lincoln County;
NOW, THEREFORE, BE IT RESOLVED by the Senate, the House of Representatives concurring, that the bridge over Little River on State Highway No. 47 between Lincoln and Columbia counties be named and designated as "Homer Legg Bridge" in honor of Judge Homer Legg; and
BE IT FURTHER RESOLVED that the proper authorities are hereby empowered and directed to so designate said bridge and erect suitable markers thereon.

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

HB 947. By Messrs. Twitty of Mitchell and Key of Jasper: A bill to be entitled an Act to amend Section 22-1504 of the 1933 Code

1730

JOURNAL OF THE HOUSE,

of Georgia restricting the right of foreign corporations to own lands in this state, and for other purposes.

The following substitute was read and adopted:

By Messrs. Twitty of Mitchell and Key of Jasper:
A BILL
To be entitled an Act to amend Section 22-1504 of the Code of Georgia of 1933, as amended, which restricts the right of foreign corporations to own lands in this State, by providing that the prohibition shall not apply to domesticated or qualified foreign corporations; and for other purposes.
BE IT ENACTED by the General Assembly of Georgia:
Section 1. That Section 22-1504 of the Code of Georgia of 1933, which section restricts the right of a foreign corporation to own lands in this State, be amended by adding, after the word "State" in the third line thereof, the words "or domesticated under the laws of this S,tate or qualified under the Act of the General Assembly approved January 31, 1946, (Ga. Laws 1946, p. 687) ;"by adding after the word "State" in the seventh line of said section, the words "or domesticated under the laws of this State or qualified under the Act of the General Assembly approved January 31, 1946, (Ga. Laws 1946, p. 687) ;" and by adding after the word "State" in the eleventh line of said section, the words "or domesticated under the laws of this State or qualified under the Act of the General Assembly approved January 31, 1946, (Ga. Laws 1946, p. 687) ."
so that said section, as amended, shall read as follows:
"Any foreign corporation claiming to own lands in this State in quantity amounting to as much as 5,000 acres, shall be incorporated by the laws of this State, or domesticated under the laws of this State or qualified under the Act of the General Assembly approved January 31, 1946, (Ga. Laws 1946, p. 687); and on its failing to do so, the State will not consent to the said corporation owning said lands so located in her territory. Any foreign corporation which shall thereafter claim to own land in this State in quantity amounting to 5,000 acres or upwards, shall become incorporated by the laws of this State, or domesticated under the laws of this State or qualified under the Act of the General Assembly approved January 31, 1946, (Ga. Laws 1946, p. 687), and in default thereof this State will not consent that said foreign corporation shall own lands in her territory; and no foreign corporation shall own more than 5,000 acres of land except upon the condition of becoming a corporation under the laws of this State, or domesticated under the laws of this State or qualified under the Act of the General Assembly approved January 31, 1946, (Ga. Laws 1946, p. 687) : Provided that this section shall not apply to any foreign corporation engaged in the business of lending money on real estate security, nor to any such corporation holding a lien upon real estate to secure the payment of any debt, when said corporation, in order to prevent loss, is compelled to become the purchaser of lands covered by deed or mortgage to secure a loan: and Provided, however,

THURSDAY, FEBRUARY 7, 1952

1731

that the benefits and privileges of the foregoing proviso shall not apply to any foreign corporation which does or may lend money in this State at a greater rate of interest than eight per cent. per annum. In estimating the amount of interest charged, there shall be included any and all commissions or fees which may be paid to said company or its duly authorized agents: Provided, however, the prohibition contained in this section shall not prohibit any foreign corporation from owning or claiming to own, oil, gas, sulphur, coal, gold, lead and other minerals, whether of similar or dissimilar character to those enumerated on, in and under lands in this State aggregating more than 5,000 acre!(, or any of such minerals or any right or interest therein under lease, grant, deed, contract or other form of conveyance or agreement including, but not limited to, royalty interest, overriding royalty interest, payments out of or measured by production thereof, leasehold interest, the right to investigate, explore, prospect, drill, mine, produce, save, receive, take, take care of, treat, transport by pipeline or otherwise and own such minerals or any of them and the right to use the surface of any land for the purpose of investigating, exploring, prospecting, drilling, mining for, producing, saving, receiving, taking, taking care of, treating, transporting by pipeline or otherwise and owning such minerals, or any of them, and despite the fact that rights or interests in such minerals are interests in land, same are excepted from the effect of this section."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 48, nays 56.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Key of Jasper gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 947.

HB 891. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to regulate the sale of used motor vehicles, and for other purposes.

The following amendment was read and adopted:
HB 891.
AMENDMENTS OFFERED BY MR. SMITH OF FULTON COUNTY.
Strike Section 4 in its entirety.
After the word bond in Section 5 insert "issued by a reliable insurance company." After the word title, strike "or breach of warranty." Add "upon filing such bond, permit for business shall be granted."
Amend Section 6 after word authority on Line 2, delete or strike "granting the permit a 60 day notice of intent to do so" and add word "notice". Add "and the $5,000 bond shall remain in effect for 60 days."

1732

JOURNAL OF THE HOUSE,

Strike Section 7 in its entirety, and insert in lieu thereof a new section 7 to read as follows :

Section 7.
Any dealer may make sales to non residents of the municipality or county where he has secured a permit without having to secure an additional permit. Provided, however, if such dealer should maintain a separate and distinct business in an additional municipality or county he shall come unaer 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 48, nays 67.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. M. Smith of Fulton gave notice that at the proper time he would move that the House reconsider its action in failing to pass HB 891.

The following bill of the House was taken up for the purpose of appointing a Committee of Conference thereon:

HB 4. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others.
A bill to be entitled an Act to amend an Act to prevent discrimination on the subject of taxation of accounts receivable, and for other purposes.
The Speaker appointed as a Committee of Conference the following members of the House: Messrs. Ray of Warren, Key of Jasper, and Campbell of Oconee.

Under the regular order of business, the following resolution of the House was taken up for consideration and read the third time:

HR 197-810j. By Messrs. Page and McGee of Chatham:
A resolution requesting compensation for damages to Empire Radio and Specialty Company, Inc., and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 116, nays 3.
The resolution, having received the requisite constitutional majority, was adopted.

The following resolution was read and adopted:

HR 297. By Messrs. Bell of Richmond, Page of Chatham, Parker of Baldwin, and others:

A RESOLUTION WHEREAS, the House of Representatives of the General Assem-

THURSDAY, FEBRUARY 7, 1952

1733

bly of Georgia does handle a tremendous volume of business while it is in session, and
WHEREAS, this business in the form of bills, resolutions and other documents, is handled efficiently, accurately and considerately by the Hon. Joe Boone, Clerk of the House of Representatives, and by his able staff of workers, and
WHEREAS, it is the desire of the members of the House of Representatives to express to the Hon. Joe Boone, and to his able staff, their sincere appreciation and gratitude for a work superbly done.
NOW THEREFORE BE IT RESOLVED by the House of Representatives that the members of said House of Representatives of the General Assembly of Georgia do hereby express to the Hon. Joe Boone, and to his able staff, their sincere appreciation for his untiring service and for the gracious and efficient manner which the Hon. Joe Boone has handled his job as Clerk of the House of Representatives.

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

HB 992. By Messrs. Lovett of Laurens, Bell of Richmond, and others:
A bill to be entitled an Act to require the State Board of Workmen's Compensation to hear the merits of any resolution seeking compensation for damages from the state, and for other purposes.

The following committee amendment was read:
The committee on Industrial Relations moves to amend HB 992 by striking the words "State Board of Workmen's Compensation" where same appears on said bill and insert in lieu thereof the words "State Auditor".

The following amendment was read and adopted:
Messrs. Lovett of Laurens and Freeman of Monroe move to amend the committee amendment to HB 992 by striking the words "State Auditor" and inserting in lieu thereof the following words: "Chairman of the State Highway Board, Director of the Department of Public Health, and Secretary of State".
The committee amendment, as amended, 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, the ayes were 103, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Gowen of Glynn asked unanimous consent that the following bill of the
House be withdrawn from the Committee on General Judiciary # 1, read the sec-
ond time and recommitted to the Committee on General Judiciary #l:
HB 618. By Mr. Alverson of Fulton:
A bill to be entitled an Act to amend an Act relating to fees for entering executions on dockets, and for other purposes.

1734

JOURNAL OF THE HOUSE,

The unanimous consent request was granted and the bill was withdrawn from
the Committee on General Judiciary #1, read the second time and recommitted
to the Committee on General Judiciary #1.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 93. By Mr. Alverson of Fulton:
A bill to be entitled an Act permitting the use of voting machines in the several counties, and for other purposes.

The following Senate amendment to HB 93 was read:
Senator Millican of the 52nd moves to amend HB 93 by striking Section 3 in its entirety and to re-number all other sections accordingly.
Mr. Alverson of Fulton moved that the House agree to the Senate amendment to HB 93.
On the motion to agree, the ayes were 109, nays 0.
The Senate amendment was agreed to.

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 420. By Mr. Duncan of Carroll:
A bill to be entitled an Act to amend Section 114-101 of the 1933 Code of Georgia relating to the definition of "employer" for the purposes of the Workmen's Compensation Act, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1003. By Mr. Kidd of Baldwin:
A bill to be entitled an Act to require a drivers' training course in all public high schools, and for other purposes.

The following amendment was read and adopted:
Mr. Bell of Richmond moves to amend HB 1003 by striking therefrom the word 90 and inserting in lieu thereof the word 10.
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 17, nays 88.
The bill, having failed to receive the requisite constitutional majority, was lost.

THURSDAY, FEBRUARY 7, 1952

1735

HR 214-830e. By Mr. Aycock of Jenkins:
A resolution requesting compensation for damages to Mrs. Maxie Hooks, and for other purposes.

The following amendment was read and adopted:
Mr. Aycock of Jenkins moves to amend HR 21"4-830e by striking the figure 6000 and inserting in lieu thereof the figure 3000.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 103, nays 7.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 716. By Messrs. Overby of Hall, Nightingale of Glynn, and others:
A bill to be entitled an Act to amend an Act so as to change the residence requirements for standing the state bar examination, and for other purposes.

The following committee amendment was read and adopted:
Mr. Speaker:
Your committee on General Judiciary on # 2 hereby amends HB 716 by
striking from the section proposed to be enacted the words "five (5) years" and substituting therefore "eighteen (18) months" and recommends that said bill do pass with such amendment so that said proposed section 9-103 shall read as follows:
"9-103: Any citizen, who has been a bona fide resident of Georgia for eighteen (18) months or more next preceding his or her application to stand the State Bar Examination, and of good moral character and at least 21 years of age who has the educational qualifications provided in this section and who has undergone a satisfactory examination as hereinafter prescribed, may practice law. An applicant for such examination shall have either a high school education or its substantial equivalent. An applicant for such examination shall further have either successfully completed two years of legal study in a law school or shall have read law for a period of two years in the office of one or more practicing members of the bar in Georgia or under such practitioners tutelage."
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 ItO, nays 4.
The bill, having received the requisite constitutional majority, was passed, as amended.

HR 284-1007a. By Mr. Owens of Tift:
A resolution proposing the sale of certain property of the state to the city of Tifton, and for other purposes.

1736

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
Mr. Owens of Tift moves to amend HR 284-1007a as follows: By inserting the following words: "and the Commissioner of Agriculture" after the word "Governor" in paragraph 5 of said resolution so that the paragraph as amended shall read as follows: WHEREAS, such property must be declared surplus to the State of Georgia before the Governor and the Commissioner of Agriculture may execute a deed of conveyance; and.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 111, nays 0.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 967. By Messrs. Brooks of Oglethrope, Smith of Emanuel, and Freeman of Monroe:
A bill to be entitled an Act to authorize the state board of education to appoint committees to travel and inspect institutions under its jurisdiction, and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

The following resolution was read and adopted:

HR 298. By Messrs. Smith of Emanuel and Matthews of Clarke:

A RESOLUTION
WHEREAS: The Office of Secretary of State is the depository of statistical and informational documents, and
WHEREAS, The General Assembly of Georgia in the past has directed the Secretary of State to prepare and distribute the Georgia Official and Statistical Register, and
WHEREAS, The Georgia Official and Statistical Register is the only document in the State that has the statistical information that is now being required as a study in the high schools and colleges of the State of Georgia,
THEREFORE, The House of Representatives authorizes the Secretary of State to print and distribute not less than one ( 1) copy of the Georgia Official and Statistical Register to every high school in the State of Georgia, and, also, to every unit of the University System, and that the preparing, editing, printing and distributing be paid from the funds of the Legislative branch as now provided for by law.

The following report of the Committee of Conference on HB 781 was read:

THURSDAY, FEBRUARY 7, 1952

1737

Mr. President:
Mr. Speaker:
Your Committee on Conference respectfully requests that the House and Senate recede from their position on the Senate Amendment to HB 781 and request that the Senate Amendment to HB 781, as amended, be agreed to by striking the words
"Such election may be called at the instance of the State Game and Fish Commission, who in the event they deem it necessary to hold such an election, shall notify the Ordinary of any of said coastal counties of the intention to hold such elecion at least 60 days prior to the date of said election",
as same appears in said amendment and inserting in lieu thereof the following words:
"Such election shall be called by the Ordinary of the county in which the election is sought to be held, upon the filing of a petition signed by 10 o/o of the voters of said county who were qualified to vote at the last general election for members of the General Assembly. Said election shall be held within 60 days from the filing of the petition".
Respectfully submitted, Grayson of 1st
Chairman Committee on Conference Gowen of Glynn Member Page of Chatham Member Gould of 4th Member Edenfield of 2nd Member Langdale of Lowndes Member
Mr. Page of Chatham moved that the House adopt the report of the Committee on Conference.
On the motion, the ayes were 114, nays 0.
The report of the Committee on Conference was adopted.

Under the regular order of business the following bills of the House were taken up for consideration and read the third time:

HB 607. By Messrs. Gardner of Dougherty and Twitty of Mitchell:
A bill to be entitled an Act to repeal Section 35-240 of the 1933 Code of Georgia relating to how insane criminals are dealt with, and for other purposes.
The report 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 4.

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JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed.

HB 663. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act relating to the preemptive rights of shareholders, and for other purposes.
The report 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 67l. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to repeal an Act providing for the creation of cooperative marketing associations, and for other purposes.
The report 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 930. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to amend Section 56-226 of the Code of Georgia so as to make the proviso thereof applicable to insurance companies, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 817. By Messrs. Parker of Baldwin, Boone of Wilkinson, and others:
A bill to be entitled an Act to amend an Act so as to provide that employees contracting tuberculosis from their association with patients shall draw % of their salary for 1 year, and for other purposes.

The following committee substitute was read and adopted:

A BILL
To be entitled an Act to amend an Act entitled "An Act to establish an employees' retirement system", approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 416), as amended by an Act approved February 20, 1951 (Ga. Laws 1951, p. 394), so as to provide that employees who have worked for a period of at least two years and have contracted tuberculosis or other communicable disease as a result of their association with patients being cared for by the State, shall draw one-half (%) of their salary for a period of one year; to change and restrict creditable service; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 7, 1952

1739

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. That Section 5 of an Act entitled "An Act to establish an employees' retirement system", approved February 3, 1949 (Ga. Laws 1949, p. 138), as amended by an Act approved February 17, 1950 (Ga. Laws 1950, p. 416), as amended by an Act approved February 20, 1951 (Ga. Laws 1951, p. 394), is hereby amended by adding a new paragraph at the end of sub-section (3) of Section 5 of said Act as amended to be numbered paragraph (c), and to read as follows:
"(c) Any member in service who shall have worked for a period of two years and as a directly traceable result of their association with patients being cared for by the State shall have contracted tuberculosis or any other communicable disease, shall upon written application to the Board of Trustees made by such member or his employer, not less than thirty days, nor more than ninety days subsequent to the execution and filing thereof, and provided the medical board, after a medical examination of such member, shall certify that he has so contracted tuberculosis or other communicable disease, be entitled to an allowance in accordance with the provisions set forth in sub-section (4) of this Section."
Section 2. Sub-section (4) of Section 5 of said Act as amended is hereby further amended by adding a new paragraph which shall follow paragraph (d), and be known as paragraph (e), and which shall read as follows:
" (e) Anything in this Act to the contrary notwithstanding, in accordance with sub-section (3) of this section, upon contracting tuberculosis or other communicable disease, a member shall receive an allowance of one-half ( .!) of his salary for a period of one year."
so that said sub-section (4) of Section 5 when so amended shall read as follows:
" (4) In accordance with sub-section (3) of this section, upon disability retirement, or involuntary separation from employment without prejudice, or death, a member shall receive the equivalent of a service retirement allowance if he has attained age 60, otherwise he shall receive a disability allowance, death allowance, or an allowance in case of involuntary separation from employment without prejudice which shall consist of:
"(a) Not less than fifteen years service, seventy-five per centum of the service retirement allowance which would have been payable upon service retirement at age sixty had he continued in service to age sixty without further change in compensation. Provided involuntary separation allowance shall not be applicable under the terms of this paragraph.
"(b) Not less than twenty-two years service, the service retirement allowance which would have been payable upon service retirement at age sixty had he continued in service to age sixty without further change in compensation.
"(c) Not less than thirty years service, seventy-five per centum of the service retirement allowance which would have

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JOURNAL OF THE HOUSE,

been payable upon service retirement at age sixty-five had he continued in service without further change in compensation.
" (d) In the application of the above relating to death allowances, computation shall be made on the same basis as though Option 2 as provided in sub-section (8) of this section had been in effect, provided, upon death of the member there is a named living beneficiary, otherwise the total amount of the member's contributions to the date of his death shall be payable to his estate.
"(e) Anything in this Act to the contrary notwithstanding, in accordance with sub-section ( 3) of this section, upon contracting tuberculosis or other communicable diseases, a member shall receive an allowance of one-half ( 2) of his salary for a period of one year."
Section 3. Sub-section ( 1) of Section 4 of said Act is hereby amended by adding thereto a new paragraph to be appropriately numbered and to read as follows:
"Service performed by an individual, who is a member of the retirement system, as a Judge or Solicitor of a court of record, shall be creditable for prior service year for year not to exceed five years for each type of service, notwithstanding such service may have been for longer periods."
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

HB 668. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act relating to period of limitation upon assessment and collection of income taxes, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Under the regular order of business the following bill of the House was again taken up for consideration:

HB 946. By Messrs. Lovett of Laurens, Scott of Thomas, and others:
A bill to be entitled an Act to amend an Act creating the Minimum Foundation Education Program, and for other purposes.

THURSDAY, FEBRUARY 7, 1952

1741

The following amendment was read and adopted:
Mr. McWhorter of DeKalb moves to amend HB 946 to insert the figures 23000 in lieu of the figures 20000.
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 72, nays 33.
The bill, having failed to receive the requisite constitutional majority, was lost.

The following resolutions were read and adopted:

HR 299. By Messrs. Ursrey of Jeff Davis and Jessup of Bleckley:

A RESOLUTION
WHEREAS: Members of the House of Representatives of the General Assembly of Georgia have just learned of the sudden death of Mrs. Ora M. Brannon, a valued employee of the Department of Agriculture of the State of Georgia, and
WHEREAS: Mrs. Ora M. Brannon gave twenty (20) years of loyal service to her State, working as an employee of the Executive Department and the Department of Agriculture, and
WHEREAS: During these twenty (20) years, she showed herself to be competent, efficient, loyal and trustworthy to her employers, and a most courteous and thoughtful servant to all of the citizens of the State of Georgia, and
WHEREAS: The passing away of Mrs. Ora M. Brannon has deeply saddened and shocked her many friends all over the State, and all members of the House of Representatives,
NOW THEREFORE BE IT RESOLVED that the House of Representatives, by this Resolution, express its deep sympathy over the loss of a valuable employee of the State of Georgia and of the Department of Agriculture, and, also by this Resolution, express its deep sympathy to Mrs. Julia East, mother of Mrs. Brannon, and her sister, Mrs. J. W. Dyer.
It is further resolved that a copy of this Resolution be sent to the Department of Agriculture and to Mrs. Julia East and Mrs. J. W. Dyer.

HR 300. By Messrs. Duncan and Perkins of Carroll and Waldrop of Douglas:

A RESOLUTION
WHEREAS, the Honorable Eugene Talmadge, late Governor of the State of Georgia, faithfully and honorably served this sovereign State, and
WHEREAS, the said Eugene Talmadge was one of Georgia's and the Nation's leading Statesmen, and

1742

JOURNAL OF THE HOUSE,

WHEREAS, it is fitting and proper in commemoration of the distinguished services rendered the people of Georgia by the said Eugene Talmadge that some type of memorial be made;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that State Highway Number 166 be named and designated as the "Talmadge Memorial Highway" in honor of the memory of the Honorable Eugene Talmadge, late Governor of the State of Georgia.
BE IT FURTHER RESOLVED that the proper authorities are hereby authorized and directed to so name and designate said road and erect suitable markers thereon.

Mr. Twitty of Mitchell moved that the House do now adjourn until 9:00 o'clock tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock tomorrow morning.

FRIDAY, FEBRUARY 8, 1952

1743

Representative Hall, Atlanta, Georgia. February 8, 1952.

The House met pursuant to adjournment, this day at 9 :00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, Chairman of the Committee on Journals, reported that the journal of yesterday's proceedings had been read and found correct.

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

The journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of bills and resolutions. 2. First reading and reference of bills and resolutions. 3. Reports of standing committees. 4. Second reading of bills and resolutions favorably reported. 5. Third reading and passage of uncontested local bills and resolutions. 6. First reading and reference of Senate bills and resolutions. 7. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

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

HR 304. By Messrs. Bell and Mackay of DeKalb:
A Resolution proposing that the Budget Bureau be directed to make available from the emergency appropriation the sum of $6,000.00 to be used to defray expenses incident in restoring and preserving certain flags of historical interest now owned by the State of Georgia, and for other purposes.
Referred to the Committee on Appropriations.

Mr. Tarbutton of Washington 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

1744

JOURNAL OF THE HOUSE,

following Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 305. Do Pass, as Amended. Respectfully submitted, Tarbutton of Washington, Chairman.

Mr. Alverson of Fulton 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 Senate and has instructed me ab Chairman, to report the same back to the House with the following recommendations:
SR 106. Do Pass.

SB 378. Do Pass.

SB 384. Do Pass.

SB 385. Do Pass.

SB 386. Do Pass.

SB 388. Do Pass.

SB 389. Do Pass.

Respectfully submitted,

Alverson of Fulton,

Chairman.

Mr. Alverson of Fulton 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 245. Do Pass.
SB 246. Do Pass, by Substitute, as Amended.
SB 268. Do Pass, as Amended. Respectfully submitted,
Alverson of Fulton,
Chairman.

FRIDAY, FEBRUARY 8, 1952

1745

Mr. Barber of Colquitt 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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 368. Do Pass, as Amended.
Respectfully submitted,
Barber of Colquitt,
Chairman.

Mr. Barber of Colquitt 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 387. Do Pass. SB 379. Do Pass. SB 380. Do Pass. SB 383. Do Pass. SB 381. Do Pass. SB 376. Do Pass.
Respectfully submitted, Barber of Colquitt, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SB 72. Do Pass.

SB 73. Do Pass.

SB 74. Do Not Pass.

SB 358. Do Pass.

Respectfully submitted,

McCracken of Jefferson,

Chairman.

1746

JOURNAL OF THE HOUSE,

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

HR 161-708c. By Mr. Clary of McDuffie:
A resolution conveying 2.3 acres of State lands to the city of Thomson; and other purposes.

HR 234-908C. By Mr. Musgrove of Clinch:
A resolution proposing that Post Road #298, connecting with State Road # 38, with State Road #37, in the County of Clinch, be designated as the "Matthew H. Hughes Highway"; and for other purposes.

HB 738. By Mr. McGee of Chatham:
A bill to amend an Act approved February 18, 1949, entitled "An Act to amend the Charter of the Mayor and Aldermen of the City of Savannah that the several Acts amendatory thereof and supplementary thereto by creating a Savannah Airport Commission; and for other purposes.

HB 739. By Messrs. Page and McGee of Chatham:
A bill to amend the Charter of the Mayor and Councilmen of the Town of Garden City by changing the time for voting in municipal elections; and for other purposes.
HB 917. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act entitled "An Act to repeal all laws, and amendments of 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; and for other purposes. To provide that candidates for Mayor and Councilmen of said City be freeholders; and for other purposes.
HB 918. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A biii 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), so as to provide for detaching and excluding from the corporate limits of the City of College Park a small portion of territory next to the southern corporate limits of the City of East Point, and for other purposes.
HB 920. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill 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 a more equitable sewer assessment of corner property; and for other purposes.

FRIDAY, FEBRUARY 8, 1952

1747

HB 921. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to amend an Act entitled "An Act to repeal all laws and amendments to laws heretofore passed, incorporating the City of College Park) ; so as to amend the Civil Service and Pension Law for City of College Park employees; and for other purposes.

HB 922. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill 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); so as to amend the Civil Service and Pension Law in order to provide that heads of departments may suspend an employee from duty for a period not exceeding four days for violation of provisions of the Civil Service Law; and for other purposes.

HB 924. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to repeal all laws, and amendments to laws heretofore passed, incorporating the City of Manchester (Now the City of College Park); to provide for the re-paving of streets in said City, the assessment and collection of the total cost thereof against and from abutting property and the owners thereof; and for other purposes.

HB 923. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill 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)"; so as to decrease the time from 30 days to 3 days before the date of election for electors moving from one ward to another ward to be eligible to vote in the ward to which they have moved; and for other purposes.

HB 957. By Mr. Knight of Gordon:
A bill to provide for the fees of the Coroner of Gordon County in connection with holding an inquest and with furnishing coffin and burial expenses; and for other purposes.

HB 973. By Messrs. Vandiver, Clay and Wood of Bibb:
A bill to ratify and confirm the action of the Mayor and Council of the City of Macon as shown by minutes of the City of Macon as shown by minutes of its meeting of the 2nd day of October, 1951, in abandoning, vacating and closing certain portions of Rose Street in the City of Macon; and for other purposes.

HB 975. By Mr. Jessup of Bleckley:
A bill to amend an Act approved August 15, 1904 (Ga. Laws 1904, p. 407-444), creating the City of Cochran, and providing a Charter therefor, by amending Section 97 of said Act, which provides for municipal elections; and for other purposes.

1748

JOURNAL OF THE HOUSE,

HB 982. By Messrs. Scoggin, Hall and Covington of Floyd:
A bill to grant authority to the Board of Commissioners of Roads and Revenues of Floyd County, Georgia, to pass zoning rules and regulations whereby the territory in said County outside the limits of incorporated municipalities may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart; and for other purposes.

HB 983. By Messrs. Scoggin, Hall and Covington of Floyd:
A bill to amend an Act entitled "An Act authorizing the Board of Commissioners of Roads and Revenues for Floyd County to establish rules and regulations governing the payment of pensions to county employees of said county; to provide how county employees may make application for retirement pay; and for other purposes.

HB 984. By Messrs. Cranford and Robertson of Coweta:
A bill to amend an Act approved Dec. 8, 1893 (Ga. Laws 1893, p. 272), and all Acts amendatory thereof, which Act created a new charter for the City of Newnan in Coweta County, so as to authorize the Mayor of said City to close and convey Black Street; and for other purposes.

HB 988. By Messrs. Holley, Graham and Bell of Richmond:
A bill to amend the Charter of the City of Augusta as amended so as to provide that Members of the City Council of Augusta shall be eligible to succeed themselves one time; and for other purposes.

HB 989. By Messrs. Holley, Graham and Bell of Richmond:
A bill to amend the Charter of the City of Augusta as amended so as to provide for the use of voting machines; and for other purposes.

HB 991. By Messrs. Alverson, Hoke Smith and M. Smith of Fulton:
A bill to amend an Act providing for the examination of master and journeyman plumbers and steam fitters, carrying on said vocations in counties having a population of 150,000 inhabitants or more by the U. S. Census of 1930; to provide that the Board of Examiners shall receive $15.00 per day for not more than 6'0 days in any one calendar year; and for other purposes.

HB 993. By Messrs. Mackay and Bell of DeKalb:
A bill to amend an Act approved January 25, 1945, (Georgia Laws 1945, page 493) entitled "An Act to create a Bond Comm"ssion for DeKalb County, Georgia: to provide for its membership and duration: to define its duties: to provide compensation for its members and for other purposes", so as to name an additional member to said Commission, and for other purposes.

SB 390. By Senator Mallory of the 25th: A bill to amend an Act entitled "An Act to fix the compensation of

FRIDAY, FEBRUARY 8, 1952

1749

the members of the Board of Commissioners of Roads and Revenues of Harris County, Georgia and for other purposes", as approved July 27, 1921, (Georgia Laws of 1921,) (page 489), to fix the compensation of the members of said Board, as amended March 6, 1939, (Georgia Laws 1939, p. 623); and for other purposes.

SR 114. By Senator Gould of the 4th:
A resolution proposing that the Governor be directed to appoint a committee to investigate the feasibility and possibility of obtaining for the State of Georgia not less than one acre Qf land immediately surrounding the present small marker for the purpose of memorializing the battle of "Bloody March" fought on St. Simons Island in July 1742; and for other purposes.
SB 391. By Senator Connell of the 6th:
A bill to amend an Act approved March 27, 1941, (Ga. Laws 1941 p. 234-236) to provide for a tax of 25c per gallon on domestic wines, whether fortified or not, containing more than 14% alcohol by volume, and a tax of $1.00 per gallon on foreign wines, and for other purposes.
HR 33-135c. By Mr. Overby of Hall:
To provide funds to compensate King Clarence Bryant, a citizen of the State of Georgia, for total and permanent injuries sustained by accident caused by the negligent operation of Milledgeville State Hos-
pital tractor-trailer on Gainesville Highway # 141 in Hall County,
Georgia on April 1, 1950.

HR 35-189b. By Mr. Alverson of Fulton:
To provide for payment to Ferman B. Bullard, the sum of $135.00 for damages to his automobile caused by the negligence of an employee of the Military Department of the State of Georgia; and for other purposes.

HR 52-27la. By Messrs. Gardner of Dougherty, Twitty of Mitchell: To compensate Jeff Rose for damages the sum of $85.00.

HR 87-383c. By Mr. Barber of Jackson:
That the State Highway Department is hereby ordered and directed to pay to the said Paul E. King the sum Qf $340.00 as compensation for damages set forth in this resolution, said payment to be made from funds available to said department and to be in full settlement of said claim, as the claim of a citizen of Georgia.

HR 109-517d. By Mr. Langdale of Lowndes:
To compensate Fred Kirkwood, Jr., for damages to his automobile when hit by a vehicle owned by the Department of Public Safety and driven by a member of the Georgia State Patrol.

1750

JOURNAL OF THE HOUSE,

HR 162-708f. By Mr. McCracken of Jefferson:
To reimburse J. W. Wilcher, Jr., for taxes paid on gasoline that was lost through leakage and which tax was not recovered by the said J. W. Wilcher, Jr., through the resale of said gasoline.

HR 167-708k. By Mr. Wiggins of Stephens:
To compensate Mrs. E. H. Kelley for damages to her automobile when struck by a vehicle owned by the Department of Public Safety and driven by a member of the Georgia State Patrol.

HR 175-755b. By Messrs. Abney and Campbell of Walker:
Proposing that the State Highway Department be directed to pay compensation for the damage done to truck of Mr. Louie Raines; and for other purposes.

HR 183-755j. By Messrs. Page and McGee of Chatham:
A joint resolution of the House of Representatives and the Senate providing for the compensation of Harold H. Smoak for damages to his automobile when it was struck by a vehicle owned and operated by the National Guard of Georgia and driven by a member of the National Guard of Georgia.

HR 192-810e. By Mr. Smith of Emanuel:
Relieving the Director and officials of the Department of Public Safety from any existing and future liability in or arising from a theft by one Preston Holden.

HR 211-830b. By Messrs. Cates and Bargeron of Burke:
Proposing that the State Highway Board of Georgia be authorized to pay J. W. Borom $80.55 as damages and reimbursement; and for other purposes.
HR 221-861b. By Mr. Tippins of Wilcox:
Proposing that the Georgia Forestry Department be authorized to pay T. A. Holliday the sum of Two Hundred ($200.00) Dollars as compensation for his loss through the negligence of said Department; and for other purposes.
HB 207. By Mr. Alverson of Fulton:
To amend an Act of the General Assembly of Georgia, approved March 27, 1941 (Ga. Laws, 1941, p. 432-439) known and designated as the "Election Primary Recount Provided Law," which provides a method for the recount of ballots in all primary elections held in the State of Georgia for nomination of candidates for members of General Assembly, Governor, State House Officers, etc.
HB 223. By Messrs. McWhorter, Mackay and Bell of DeKalb:
To amend Sec. 67-2002 of the Code of Georgia as codified in the

FRIDAY, FEBRUARY 8, 1952

1751

annotated supplement to the Code of Georgia of 1933, by providing that claim of lien must be filed for record within three months after the completion of the work, or within three months after the material or machinery is furnished; and for other purposes.

HB 225. By Messrs. McWhorter, Mackay and Bell of DeKalb:
To amend Section 67-1403 of the Code of Georgia of 1933, by providing that Conditional Bills of Sale must be filed for record within thirty days from their date; and for other purposes.

HB 380. By Mr. Overby of Hall:
To repeal Chapter 106-1 of the Code of Ga. of 1933, as amended, which Chapter relates to trade-mark, labels, and advertising, the counterfeiting or imitating thereof, filing the same with Secretary of State for record, the certificate of record, fees, proof of adoption of trade-mark, remedies against using counterfeits or imitations, and suits by unincorporated associations or unions; and for other purposes.

HB 625. By Mr. Gowen of Glynn:
To amend Section 9-105 of the Code so as to provide for a Board of Bar Examiners of five instead of three; and for other purposes.

HB 626. By Mr. Gowen of Glynn:
A Bill to repeal Section 9-110 of the Code to enact a new statute providing the scope of the examination to be given applicants for admission to the bar; and for other purposes.

HB 657. By Mr. Green of Rabun:
A Bill to amend an Act approved Feb. 21, 1951 entitled "General Appropriations Act" (Ga. Laws 1951, p. 417-444) so as to authorize the expenditure of appropriated funds for the development of Black Rock Mountain State Park each year; and for other purposes.

HB 665. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A Bill to provide for the admissibility in evidence of certain writings, records, entries, books and memoranda made in the regular course of busi.ness; to prescribe how the same may be admitted; and for other purposes.

HB 672. By Mr. Tumlin of Bartow:
A Bill to amend an Act approved Feb. 21, 1951 (Ga. Laws 1951, p. 479), which authorized the Director of the Division of State Parks, Historical Sites and Monuments of the Department of Natural Resources to sublease, upon approval of the Governor, to any County, municipality, public authority or other subdivision of the State property leased from the United States; and for other purposes.

HB 712. By Mr. Smith of Emanuel and others: A Bill to amend the Act of the General Assembly entitled "Public

1752

JOURNAL OF THE HOUSE,

Safety Department" approved March 19, 1937 (Georgia Laws 1937, pp. 322-355), as amended, and for other purposes.

HB 784. By Messrs. Abney and Campbell of Walker, and others:
A Bill to make the Attorney General of the State of Georgia, in his official capacity, the legal representative of the beneficiaries of charitable trusts and of the interest of the State in their welfare as parens patriae in all suits involving their interests; and for other purposes.

HB 785. By Messrs. Abney and Campbell of Walker, and others:
A Bill to authorize the Trustee of any Charitable Trust having as its object the relief of aged, impotent, diseased, and poor people by providing hospitals and hospital services, when public necessity requires the hospital facilities to afford the relief authorized by the charitable trust; and for other purposes.

HB 797. By Messrs. Huddleston of Fayette, Bolton and Harper of Spalding, Adams of Upson, Barrett of Pike and Brantley of Upson:
A Bill to amend an Act relating to the salary of the official court reporter of the Griffin Judicial Circuit; and for other purposes.

liB 871. By Mr. Kemp of Clayton:
A Bill to amend paragraphs (2) and (3) of Section 4 of an Act, approved Feb. 3, 1949 (Ga. Laws 1949, p. 138), creating a Retirement System for State employees, and the several acts amendatory thereof, by providing that members of the Retirement System shall be entitled to prior service credits for employment rendered prior to becoming a member; and for other purposes.
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority, the following bills and resolutions of the House to wit:

HB 17. By Messrs. BeU of Richmond and Bennett of Barrow:
A bill to amend Sec. 92-220 of the Code of Georgia which relates to the application for Homestead Exemption so as to provide that the owner which occupies his residence as a homestead shall not have to apply for exemption for such residence but one time so long as he continuously occupies said residence, and for other purposes.

HB 664. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to repeal an Act approved Dec. 25, 1837, (Act;s of 1837, p. 182 et seq. also found in the 1933 Code of Georgia Annotated, Chapter 75-4) as amended by the Acts of 1943, page 335 (also found in Section 75-412 of the Supplement of the 1933 Code of Georgia annotated) and known as an Act to authorize Limited Partnerships; and for other purposes.

FRIDAY, FEBRUARY 8, 1952

1753

liB 798. By Mr. Alverson of Fulton:
A bill to amend an Act entitled "An Act to establish a new charter for the City of Atlanta; to expand duties of the Municipal Revenue Collector, and for other purposes.

HB 889. By Mr. McCracken of Jefferson:
A bill to amend an Act stating "Powers and duties of the State Highway Board, etc., and for other purposes.

HB 942. By Messrs. Williams and Bentley of Cobb:
A bill to amend an Act approved Feb. 16, 1950 (Ga. Laws, Ex. Session 1949, Regular Session 1950, pp. 2506-2564) entitled An Act to create a new charter for the City of Kennesaw in the County of Cobb"; to provide for an extension of the corporate limits of the City of Kennesaw; and for other purposes.

HR 224-861e. By Messrs. Bell and Holley of Richmond, and others:
A resolution to provide for the reimbursement to Wellington C. Fain for damages sustained when struck by a State owned vehicle; and for other purposes.

HB 990. By Messrs. Holley, Graham and Bell of Richmond:
A bill to create the Augusta-Richmond County Building Authority so as to construct and maintain a self-liquidating project embracing buildings and facilities for use by the City of Augusta and Richmond County, for their respective governmental agencies; and for other purposes.

HR 225-861g. By Messrs. Bell, Holley and Graham of Richmond:
A resolution to provide for the compensation to Henry Mack as a result of damages to his automobile by shots fired by the Georgia State Highway Patrol when trying to stop a fleeing felon; and for other purposes.

The Senate has disagreed to the House amendment to the following bill of the Senate, to wit:

SB 269. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of Atlanta to authorize City Council to sell described land and to grant easements over other lands; and to provide group insurance to be extended to cover elected officials and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bill and resolution of the Senate to wit:
SR 104. By Senator Edenfield of the 2nd:
A resolution proposing that the Director of State Parks, Historic

1754

JOURNAL OF THE HOUSE,

Sites, and Monuments be authorized to execute, upon approval by the Governor and for a nominal consideration, a lease of said property for a term not to exceed 99 years, conditioned upon its being used for the before mentioned specified purposes; and for other purposes.

SB 312. By Senators Moate of the 20th and Rawls of the lOth:
A bill to amend 22-1504 of the Code of Georgia of 1933, which restricts the right of foreign corporations to own lands in this State by providing that the prohibition shall not apply to domesticated or qualified foreign corporations or to interests in land less than the fee, and for other purposes.
By unanimous consent, the following bills and resolution of the Senate, favorably reported, were read the second time:
SR 106. By Senator Millican of the 52nd:
A resolution proposing an amendment to the Constitution of Georgia so as to provide for a joint board of tax assessors in certain counties, and for other purposes.

SB 376. By Senator Duncan of the 34th:
A bill to be entitled an Act to amend an Act so as to provide for the election of the mayor and council of the Town of Sugar Hill, and for other purposes.
SB 378. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide that certain commissioners of roads and revenues of Fulton County shall be elected for two years, and for other purposes.
SB 379. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act estsablishing a new charter for the City of East Point, and for other purposes.
SB 380. By Senator Millican of the 52nd:
A bill t<> be entitled an Act to amend an Act so as to provide that the City of East Point may sell stolen personal property after advertising, and for other purposes.

SB 381. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for the office of deputy marshal in the City of East Point, and for other purposes.

SB 383. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide an exception by permitting the completion of certain road building projects in the County of Fulton, and for other purposes.

FRIDAY, FEBRUARY 8, 1952

1755

SB 384. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for repeal of requirements that one member of the commissioners of roads and revenues of Fulton County must reside outside Atlanta, and for other purposes.

SB 385. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act requiring the commissioners of roads and revenues of certain counties to supplement funds of the board of education, and for other purposes.

SB 386. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide a pension system for school teachers of Fulton County, and for other purposes.

SB 387. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for the expiration dates of licenses issued by the City of East Point, and for other purposes.
SB 388. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for the printing on all tax bills information concerning the purpose of each tax levy, and for other purposes.

SB 389. By Senator Millican of the 52nd:
A bill to be entitled an Act to create a joint city-county board of tax assessors in certain counties, and for other purposes.

SB 305. By Senators Dunn of the 8th, Hawes of the 30th, and others:
A bill to be entitled an Act to amend an Act affecting savings and loan associations.

SB 368. By Senator Jones of the 22nd:
A bill to be entitled an Act to create a new charter for the City of Jackson, and for other purposes.

SB 72. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide that errors in the marking of ballots shall not void the entire ballot, and for other purposes.

SB 73. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act and to further provide for the counting of ballots only after the polls have closed, and for other purposes.

1756

JOURNAL OF THE HOUSE,

SB 358. By Senators Ellard of the 31st and Akins of the 40th:
A bill to be entitled an Act to amend an Act so as to authorize the appointment of special officers to protect property in state parks, and for other purposes.

By unanimous consent, the following bills of the House and Senate were taken up for consideration and read the third time:
HB 1021. By Messrs. Mackay and McWhorter of DeKalb, and others:
A bill to be entitled an Act to amend an Act so as to supplement the salary of the solicitor-general in 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 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1033. By Messrs. Trapnell and Neville of Bulloch, and others:
A bill to be entitled an Act to amend Section 24-3104 of the 1933 Code of Georgia so as to change the compensation of the court reporter of the Ogeechee 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 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 375. By Senator Farrar of the 42nd:
A bill to be entitled an Act to repeal an Act establishing a city court for Chattooga County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 377. By Senator Farrar of the 42nd:
A bill to be entitled an Act to supplement the compensation of the ordinary of Chattooga County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 106, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 8, 1952

1757

SB 245. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act establishing a joint Atlanta-Fulton County planning board, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 246'. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for public hearings before committees in certain cities, and for other purposes.

The following committee substitute to SB 246 was read:

A BILL
To be entitled an Act to amend an Act entitled "An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment and for other purposes" approved Jar.uary 31, 1946 (Ga. Laws 1946, pp. 191-203), so as to provide that it shall apply to municipalities having a population of more than 300,000, according to the United States census of 1950 or any future United States census; to provide that the county authorities of the county shall appoint two members of the municipal planning board; to provide that in municipalities having more than 300,000 according to the last or any future United States census the required public hearings may be had before committees of the governing authority; to provide that in all municipalities having a population of 300,000 according to the last or any future United States census, and counties having a like population, the notices of public hearings required by this Act shall be published in the newspaper in which the sheriff's advertisements are published; 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, as follows:
Section 1. The Act entitled an Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment and for other purposes (Ga. Laws 1946, pp. 191-203), be and the same is hereby amended by striking the period at the end of Section 17A, and inserting in lieu thereof a comma, and adding thereafter the following:
"provided, however, the provisions of this Act shall apply to all municipalities having a population of more than 300,000, according to the United States Census of 1950 or any future United States Census."

1758

JOURNAL OF THE HOUSE,
so that Section 17A, as amended, shall read as follows:
"Section 17A. This Act shall not affect any municipality now having a system of zoning and planning ordinances and regulations unless the governing authority of such municipality shall by resolution declare this Act to be effective, provided, however, the provisions of this Act shall apply to all municipalities having a population of more than 300,000, according to the United States Census of 1950 or any future United States Census."
Section 2. Be it further enacted by the authority aforesaid that the aforesaid Act be and the same is hereby further amended by adding at the end of the first paragraph of Section 3 the following:
"In all municipalities having a population of more than 300,000, according to the United States Census of 1950 or any future United States Census, two of the members of the municipal planning board shall be appointed by the commissioners of roads and revenues, or other governing authority of the county. Should any such municipality lie in more than one county, the two members herein provided shall be appointed by the commissioners of roads and revenues, or other governing authority of the county in which the larger portion of the population of said municipality resides."
so that the first paragraph of Section 3, as amended, shall read as follows:
"Section 3. In each municipality in which the governing authority undertakes to exercise the powers conferred in this Act such authority shall appoint a board of not less than three or more than seven members to be known as the Municipal Planning Board and to have such terms (not to exceed four years) as the said governing authority may determine. Any citizen of the municipality may be appointed to membership on the board except members of the municipal governing authority. The Board shall elect one of its own members chairman and shall appoint a secretary, who may be an officer or employee of the municipality. The Board shall make its own rules of procedure and determine its time of meeting. If the said municipal governing authority desires it may, instead of appointing a planning board for the municipality, form a planning board in conjunction with the governing authorities of the county in which such municipality is located and thereupon may delegate to such joint planning board any or all of the powers and duties which under the terms of this Act are conferred on the Municipal Planning Board. In all municipalities having a population of more than 300,000, according to the United States Census of 1950 or any future United States Census, two of the members of the Municipal Planning Board shall be appointed by the commissioners of roads and revenues, or other governing authority of the county. Should any such municipality liE' in more than one county, the two members herein provided shall be appointed by the commissioners of roads and revenues, or other governing authority of the county in which the larger portion of the population of said municipality resides."
Section 3. Be it further enacted by the authority aforesaid that the aforesaid Act be and the same is hereby further amended by adding at the end of the first paragraph of Section 10 the following:

FRIDAY, FEBRUARY 8, 1952

1759

"In all municipalities having a population of mo1e than 300,000, according to the United States Census of 1950 or any future United States Census, two of the members of the board of adJustment shall be appointed by the commissioners of roads and revenues, or other governing authority of the county. Should any such municipality lie in more than one county, the two members herein provided shall be appointed by the commissioners of roads and revenues, or other governing authority of the county in which the larger portion of the population of said municipality resides."
so that the first paragraph of Section 10, as amended, shall read as follows:
"Section 10. The governing authority of any municipality seeking to exercise the power conferred by this Act shall provide for a board of adjustment of not less than three nor more than five members and for the manner of appointment thereof. None of the members of the board shall be employees or officials of the municipality. In all municipalities having a population of more than 300,000 according to the United States Census of 1950 or any future United States Census, two of the members of the board of adjustment shall be appointed by the commissioners of roads and revenues, or other governing authority of the county. Should any such municipality lie in more than one county, the two members herein provided shall be appointed by the commissioners of roads and revenues, or other governing authority of the county in which the larger portion of the population of said municipality resides."
"Section 4. Be it further enacted by the authority aforesaid that the aforesaid Act be and the same is hereby further amended by adding the following sections to be appropriately numbered:
"Section 20. In all municipalities having a population of more than 300,000, according to the United States Census of 1950 or any future United States Census, the governing authorities of any such municipality may provide for any public hearing required to be held by this Act as amended by and before a committee of the said governing authority, and that such hearing, when held, shall constitute the hearing required to be held by any provision of this Act as amended."
Section 5. Be it further enacted by the authority aforesaid that the aforesaid Act be and the same is hereby further amended by adding the following section to be appropriately numbered:
"Section 21. In all municipalities having a population of more than 300,000 according to the United States Census of 1950, or any future United States Census, and in all counties having like population coming under any of the terms of this Act, all notices of public hearing required by this Act as amended shall be given by publishing the required notices in the manner provided by this Act by publishing such notice in the newspapers in which the Sheriff's advertisements are carried in the county in which the real estate is located. When so published, such notices shall comply with all the requirements of this Act as amended."

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JOURNAL OF THE HOUSE,

Section 6. All laws and parts of laws in conflict herewith are hereby repealed.

The following amendment to the substitute was read and adopted:
The DeKalb Delegation moves to amend SB 246 Substitute by adding to Section 17A, as amended, the following:
"If any such municipality, having a population of more than 300,000 according to the United States Census of 1950 or any future United States Census, lies in more than one county, a condition precedent to any action by the municipal planning commission relating to zoning regulations, changes and amendment thereof or related to the exercise of the duties imposed by this Act, or by the board of adjustment in hearing appeals as herein provided, which affects property lying in the county in which the lesser portion of the population of said municipality resides, shall be the written approval of the governing authority of such smaller county."
The substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amer:ded.

SB 268. By Senator Millican of the 52nd:
A bill to be entitled an Act to establish a county planning commission in certain counties, and for other purposes.

The following amendments were read and adopted:
The Fulton Delegation moves to amend SB 268 creating a Planning Commission in counties having a population of 300,000 or more by adding the following section, appropriately numbered:
Should the largest municipality lying wholly or in part in any such county form a municipal planning board and board of adjustment as authorized by an Act approved January 31, 1946 (Ga. Laws 1946, p. 191), entitled,
"An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment and for other purposes."
as amended, said municipal planning board and board of adjustment shall, respectively, have all of the powers, authority and duties of the county planning commission and county board of zoning appeals provided by this Act or any amendment thereto, and no county planning commission or county board of zoning appeals shall be created or appointed.
Messrs. Hoke Smith, Muggsy Smith and Luther Alverson of Fulton move
to amend SB 268 as follows:

FRIDAY, FEBRUARY 8, 1952

1761

By striking Sec. 17 thereof and substituting the following in lieu thereof:
"Every decision of the Board of Zoning Appeals, or the Board of Adjustment, in the administration of the authority hereinabove set out and in the administration of the zoning regulations of said counties shall be subject to review by the Superior Court of such county as provided in the Act providing for zoning by municipal authorities. (Ga. Laws 1946, pp. 191, 194)."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 109, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, the following bills and resolutions of the Senate were read the first time and referred to the committees:

SB 390. By Senator Mallory of the 25th:
A Bill to be entitled an Act to amend an Act entitled an Act to fix the compensation of the members of the Board of Commissioners of :Roads and Revenues of Harris County, and for other purposes.
Referred to the Committee on Counties and County Matters.

SB 391. By Senator Connell of the 6th:
A Bill to be entitled an Act to provide for a tax of 25; per gallon on domestic wines, whether fortified or not, containing more thaa 14% alcohol by volume, and a tax of $1.00 per gallon on foreign wines, and for other purposes.
Referred to the Committee on General Agriculture # 2.

SB 312. By Senators Moate of the 20th and Rawls of the lOth:
A Bill to be entitled an Act to amend an Act which restricts the right of foreign corporations to own lands in this State, by providing that the prohibition shall not apply to domesticated or qualified foreign corporations, and for other purposes.
Referred to the Committee on General Judiciary #1.

SR 104. By Senator Edenfield of the 2nd:
A Resolution proposing that the Director of State Parks, Historic Sites and Monuments be authorized to execute, upon approval by the Governor and for a nominal consideration, a lease of said property for a term not to exceed 99 years, conditioned upon its being used for the before mentioned specified purposes, and for other purposes.
Referred to the Committee on Conservation.
Mr. Key of Jasper moved that the House reconsider its action in failing to pass the following bill of the House:

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JOURNAL OF THE HOUSE,

HB 947. By Messrs. Twitty of Mitchell and Key of Jasper:
A bill to be entitled an Act to amend an Act restricting the right of foreign corporations to own lands, and for other purposes.
The motion to reconsider prevailed, and the bill was placed at the foot of the calendar following HB 1026.

Mr. Smith of Fulton moved that the House reconsider its action in failing to pass the following bill of the House:

HB 891. By Mr. M. Smith of Fulton:
A bill to be entitled an Act to regulate the sale of used motor vehicles, and for other purposes.
The motion to reconsider prevailed, and the bill was placed at the foot of the calendar following HB 1026.
Mr. Alverson of Fulton asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government:

SB 382. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act relating to the recorder and attorney of the City of East Point, and for other purposes.
The unanimous consent request was granted. and the bill was withdrawn from the Committee mi Municipal Government, read the second time and recommitted to the Committee on Municipal Government.

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

HB 935. By Messrs. Twitty of Mitchell and Greer of Lanier:

A bill to be entitled an Act to authorize the purchase of an airplane for the State Highway Department, and for other purposes.
The report of the committee, whicch was favorable to the passage of the bill, was agreed to.

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

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Brantley Adams of Evans Adams of Upson Alverson Aycock Barber of Colquitt Barber of Jackson Bargeron Battles
Baughman

Beasley Bell of DeKalb Bentley Best Biggers Black Boggus Brannen Brantley
Britton Burgamy

Burkett Byrd
Callier Campbell of Oconee Campbell of Walker Cates Clary Claxton Coogle
Cornelius Cranford

FRIDAY, FEBRUARY 8, 1952

1763

Dally De en Denton Dews Dorsey Durham Fears Flynt Freeman Garrard Gary
Gillis Gowen Green of Cherokee Green of Rabun Greer Groover Hadden Hall of Floyd Harrell Harris Hawkins Henderson Hilton Holley
Huddleston Ivey Jackson Jessup Kelley

Key Knight Lam Langdale Leach Lewls of Hancock Little Lovett McCracken McKelvey Mackay Matthews Mull Murphy
Murr Musgrove Neville Nightingale Overby Owens Parker Pickett Pittard Ramsey Ray Register Risner Robertson of Coweta Robertson of Dawson Rogers

Those voting in the negative were Messrs.:

Deason

Nelson

Rollins Rowland Russell Sheffield Sivell Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Hoke Smith of Fulton Stephens of Towns Stevens of Marion Stewart Stocks Sumner Tamplin Terry Todd Trapnell Tumlin Twitty Vickers Walker of Crawford Warren Weems White Wiggins Willis Wooten

Those not voting were Messrs.: Abney of Walker, Ball, Barrett, Bell of Richmond, Best, Birdsong, Bolton, Boone, Brazeal, Brooks, Carr, Clark, Clay,
Coffin, Covington, Dicus, Duncan, Durden, Edenfield, Gardner, Graham, Green of Irwin, Greene of Crisp, Griffith, Guthrie, Hale, Hall of Toombs, Harper, Herrin, Hollis, Hood, Hopkins, Johnson of Hall, Johnston, Jolly, Jones of
Bartow, Jones of Lumpkin, Jordan, Kemp, Kennedy, Kidd, King, Kitchens, Lanier, Lavender, Lewis of Greene, McGarity, McGee, McWhorter, Mangum, Mims, Mishoe, Newman, Otwell, Page, Peacock, Perkins, Pickard, Raulerson, Scott, Scoggin, Short, Simmons, Smiley, Tarbutton, Tarpley, Tillman, Tippens, Turk, Ursrey, Vandiver, Waldrop, Walker of Telfair, Wheeler, Whitworth, Wilkes, Wilkinson, Williams of Cobb, Williams of Houston, Willingham, Wood, Wright, and Mr. Speaker.

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

On the passage of the bill, the ayes were 121, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following resolution was read and adopted:

HR 301. By Mr. Smith of Emanuel:

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JOURNAL OF THE HOUSE,

A RESOLUTION
WHEREAS: In the past, group pictures have always been made of the Meombers of the General Assembly, and
WHEREAS: During the present term, an effort was made to obtain a photographer to make pictures for sale to the various Members, and
WHEREAS: Due to the presen1; day inflation, it was impossible to obtain a photographer to make these pictures, on the above basis,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the Secretary of State is hereby directed and authorized to obtain a commercial photographer to make these pictures during the closing days of the session, and it is also directed and authorized to transmit tkese pictures to the Members of the General Assembly, and that the cost of photography and distribution for this service be paid for out of the funds provided for the Legislature.
Mr. H. Smith of Fulton asked unanimous consent that the following bill of the Senate he withdrawn from the Committee on Municipal Government, read
the second time and recommitted to the Committee on Municipal Government:

SB 363. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so that the City of Atlanta may grant the right for the erection of a certain overhead passageway, and for other purposes.
The unanimous consent request was granted and the bill was wit'hdrawn from the Committee en Municipal Government, read the second time and recommitted to the Committee on Municipal Government.

The following resolution was read and adopted:

l:i.R 302. By Messrs. Fears of Butts, and Freeman of Monroe:

A RESOLUTION
WHEREAS, Honorable Eugene Cook, the Attorney General and Dr. Henry C. Pepper of the Atlanta Division, University of Georgia, have rendered most valuable and efficient service to the members of the General Assembly in briefing and making analysis of Bills and Resolutions pending in the General Assembly, and
WHEREAS, this service has been of unexcelled value in helping and assisting the members of the General Assembly to ascertain and evaluate the contents of the many Bills and Resolutions in said General Assembly;
THEREFORE, BE IT RESOLVED, that the House of Representatives does tender and extend to the Attorney General and the staff of the Bill Drafting Unit of the State Law Department, and to Dr. Henry G. Pepper and the staff of the Division of Public Administration of the Atlanta Division, University of Georgia, its sincere and cordial thanks for this most valuable service.

FRIDAY, FEBRUARY 8, 1952

1765

The following resolution of the House was taken up for the purpose of considering the Senate substitute and amendment thereto:

HR lll-540a. By Messrs. Hall, Scoggin, and Covington of Floyd:
A resolution proposing an amendment to the Constitution of Georgia so as to provide for the division of Floyd County into school board districts, and for other purposes.

The following Senate substitute was read:

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 Floyd County into School Board Districts, and for the election of members of the County Board of Education from such districts, to provide for their terms of office and qualifications; to provide for the submission of the amendment for ratification or rejection by the people of Floyd County; to provide for a County School Superintendent and his election by the County Board of Education, and for other purposes. Be it resolved by the General Assembly of the State of Georgia.

Section 1.
That Article 8, Section 5, Paragraph 1 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 Floyd County shall be elected by the people at the same time and for the same term that other county officers are elected, and for a term of four years, and shall hold their offices until their successors are elected and qualified. The new Board of Education provided for in this Amendment shall take office January 1, 1953 and the first election shall be held on the second Tuesday in December 1952, provided a majority of those voting in Floyd County in the General Election in 1952 vote in favor of this Amendment. It shall be the duty of the Ordinary of Floyd County to call this first election, and all candidates for membership on the Floyd County Board of Education shall register with the Ordinary of said County at least fifteen days before the election. The members of the Board who are elected at that time shall hold office until their successors are elected and qualified. ::;hould a vacancy occur in the office of any member thus elected, a successor shall be appointed by the remaining members of the Board for the unexpired term. Only the registered and qualified voters living in Floyd County outside the City Limits of Rome, Georgia shall be eligible to vote for the members of the Floyd County Board of Education. The Candidate from each said School Board District who shall receive the highest number of votes cast by all the qualified voters of Floyd County shall be deemed the elected Board member from said district. For the purposes of this resolution the following districts or combinations of Militia Districts shaH be known and designated as School Board Districts and the number of School Board members from each school board district is herein designated.

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JOURNAL OF THE HOUSE,

FLOYD COUNTY SCHOOL BOARD DISTRICTS

District Number

Militia Districts

Number of Members

1.

Glenwood

1 Bd. Member

Armuchee

Everett Springs

Floyd flprings

Texas Valley

2.

Riverside

1 Bd. Member

Watters

Etowah

Mt. Alto

1 Bd. Member

N. Carolina

Lindale

1 Bd. Member

Chulio

Howells

5.

Vans Valley

1 Bd. Member

Cave Spring

Fosters Mill

Barkers

Livingston

"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 S.chool Superintendent shall be eligible to vote.
"That from and after the ratification of this amendment the Grand Jury of Floyd County shall make no future appointments of members of the County Board of Education, but the present board f'hall 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 a freeholder and of good moral character, who has not at least a fair knowledge of the elementary branch of an English education, who is not favorable to the common school system, and who is not a voter qualified to vote for the members of the General Assembly and who does not reside in his School Board District. If any Board Member shall move his residence. from the School Board district he represents, the position shall immediately become vacant.
There shall be a County School Superintendent who shall be elected or appointed by the County Board of Education of Floyd County. Before any person shall be elected or appointed County School Superintendent, he shall have all the qualifications which now, or which may hereafter be prescribed by law for County School Superintendents of the State, except that any legal requirement as to residence shall not be applicable. After the ratification of this amendment the voters of Floyd County shall no longer elect a County School Superintendent, however, the Superintendent elected in the General Election in 1952 shall be eligible to serve for the term of his election.

FRIDAY, FEBRUARY 8, 1952

1767

Section 3.
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 "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 Floyd County Board of Education," 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 Floyd County Board of Education."
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 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 Assem bly, 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 following Senate amendment to the Senate substitute was read:
Senator Farrar of the 42nd, moves to amend the Substitute to HR 111-540a by adding to the end of the first paragraph of same as follows:
Provided that no member of the 1951-1952 legislature shall be eligible to run in the first election following ratification by the people for the office of County Board of Education, nor eligible to accept appointment as County School Superintendent, by the first board elected.
Mr. Hall of Floyd moved that the House agree to the Senate substitute, as amended, to HR ll1-540a.
On the motion, the ayes were 16'2, nays 0.
The Senate substitute, as amended, was agreed to.

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

HB 966. By Messrs. Burgamy and Murr of Sumter: A bill to be entitled an Act to amend Section 3-109 of the 1933 Code

1768

JOURNAL OF THE HOUSE,

of Georgia so as to provide that a party committing a tort shall have remedy against a third party, and for other purposes. The report 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 7.
The bill, having received the requisite constitutional majority, was passed.

HB 838. By Messrs. Burgamy and Murr of Sumter:
A bill to be entitled an Act to declare that clauses contained in contracts, which stipulate that the time for bringing suit shall be less than one year, shall be of no effect, and for other purposes.

The following committee substitute was read and adopted:

A BILL
To be entitled an Act to declare that any clause of any contract executed within this State by any person, firm or corporation, which clause stipulates that the time for bringing suit on such a contract shall be less than that provided by law, shall be null and void; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA AS FOLLOWS:
Section 1. Any clause, phrase, or other wording, which might be construed as reducing the period of time within which a suit must be brought under the contract in which such clause, phrase or wording is contained, to a period of time shorter than the period of time provided by the law of this State at the time of the execution of such contract, shall be null, void, and of no effect. The remainder of such contract shall, however, not be in any way impaired because of the inclusion of such provision, but shall have full force and effect when otherwise consistent with law.
Section 2. All laws and parts of laws in conflict herewith are hereby repealed.
The following amendment was read and adopted:
Mr. Burgamy of Sumter moves to amend the substitute to HB 838 to add the following at the end of Section 1 of said bill: "Provided, however, this act shall apply to contracts for insurance only and this shall be in the exercise of the police power of the state." Amend caption accordingly.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
The roll call was ordered and the vote was as follows:
Those voting in the affirmative were Messrs:

FRIDAY, FEBRUARY 8, 1952

1769

Abney of Catoosa Adams of Brantley Adams of Upson Alverson Aycock Barber of Colquitt Bargeron Baughman
Beasley Bell of Richmond Bentley Black Brannen Brantley Britton Brooks Burgamy Burkett Callier Campbell of Walker Carr Clark Coogle Cornelius Dally Deason Denton Dews Durham Fears

Flynt Garrard Gary Green of Cherokee Hadden Harris Hawkins Herrin Holley lvey Jackson Jolly Kelley Kemp Kidd Kitchens Knight Lam Lanier Leach Lewis of Hancock Little Lovett Matthews Mims Mishoe Murphy Murr Nelson Neville

Those voting in the negative were Messrs.:

Adams of Evans Barber of Jackson Barrett Battles Bell of DeKalb Biggers Boggus Byrd Campbell of Oconee Cates Clary Claxton Cranford Deen Dorsey Edenfield

Gardner Gillis Green of Rabun Groover Harper Harrell Henderson Hollis JeEsup Johnson of Hall Jones of Lumpkin Key Lewis of Green McKelvey Mackay Mull

Newman Owens Perkins Pittard Risner Rowland Russell Scoggin Sheffield Short Smith of Bryan Stevens of Marion Tamplin Tarbutton Terry Tippens Trapnell Turk Vandiver Vickers Waldrop Walker of Crawford Weems White Wiggins Williams of Cobb Willis Wooten
Musgrove Nightingale Ray Register Robertson of Coweta Rogers Scott M. M. Smith of Fulton Hoke Smith of Fulton Stewart Sumner Todd Tumlin Twitty

Those not voting were Messrs.: Abney of Walker, Ball, Best, Birdsong, Bolton, Boone, Brazeal, Clay, Coffin, Covington, Dicus, Duncan, Durden,
Freeman, Gowen, Graham, Green of Irwin, Greene of Crisp, Greer, Griffith, Guilbrie, Hale, Hall of Floyd, Hall of Toombs, Hilton, Hood, Hopkins, Huddleston, Johnston, Jones of Bartow, Jordan, Kennedy, King, Langdale, Lavender, McCracken, McGarity, McGee, McWhorter, Mangum, Otwell, Overby, Page, Parker, Peacock, Pickard, Pickett, Ramsey, Raulerson, Robertson of Dawson, Rollins, Simmons, Sivell, Smiley, Smith of Emanuel, Stephens of Towns, Stocks,

1770

JOURNAL OF THE HOUSE,

Tarpley, Tillman, Ursrey, Walker of Telfair, Warren, Wheeler, Whitworth, Wilkes, Wilkinson, Williams of Houston, Willingham, Wood, Wright and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, by substitute, as amended, the ayes were 88, nays 46.
The bill, having failed to receive the requisite constitutional majority, was lost.

HB 763. By Mr. Rowland of Johnson:
A bill to be entitled an Act to amend the Workmen's Compensation Law of Georgia, and for other purposes.

The following committee substitute was read:

AN ACT

To amend Section 114-703 of the Code of Georgia providing for rules, subpoenas, etc.; and quorum of the Workmen's Compensation Board by J!roviding that said Board and the duly appointed Directors or Deputy Directors thereof shall have the authority to issue subpoenas for the attendance and testimony of witnesses; the production and examination of books, papers, and records; to authorize said Board to impose fines for contempt in certain cases; to add a new section providing for the running of interest at seven (7%) on final awards in certain cases; to add a new section providing for the appointment by the Board of a guardian for any minor claimant to administer any Workmen's Compensation benefits received by such minor; to repeal conflicting laws and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR-

GIA AS FOLLOWS:

.

Section 1.
That Code Section 114-703 of the Code of Georgia providing for rules, subpoenas, etc.; and quorum of the Workmens' Compensation Board be, and the same is hereby amended by striking from said Code Section the words:
"The Superior Court shall, on application of the Department or any director or deputy thereof, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers and. records."
And substituting in lieu thereof the words:
"The State Board of Workmen's Compensation and the duly appointed Directors or Deputy Directors thereof, shall have the authority to enforce attendance and testimony of witnesses, and the production and examination of books, papers, and records upon a subpoena duly issued by said Board by assessing such fines, penalties or imprisonment for contempt as the Judges of the Superior Courts of this State are now so empowered to as.:;ess."

FRIDAY, FEBRUARY 8, 1952

1771

So that said Section when amended shall read as follows:
"Section 114-703. Rules: subpoenas, etc.; quorum.-(a) The Department of Industrial Relations may make rules, not inconsistent with this Title, for carrying out the provisions of this Title. Processes and procedure under this Title shall be as summary and simple as reasonably possible. The directors, or any one of them, or any person deputized by them, shall have the power for the purposes of this Title to subpoena witnesses, ad-
minister or cause to have administered oaths, and to examine or cause to be examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute. (b) The sheriffs of this State within their respective jurisdictions, and their respective depupties, shall serve all subpoenas of the directors or their deputies and shall receoive the same fees as are now provided by law for like civil actions. Each witness who appears in obedience to such subpoena of the Department shall receive for attendance the fees prescribed by law for Witnesses in civil cases in courts. The State Board of Workmen's Compensation and the duly appointed Directors or Deputy Directors thereof, shall have the authority to enforce attendance and testimony of witnes8e$, and the production and. examination of books, papers, and records upon il subpoena duly issued by said Board by assessing such fines, penalties or imprisonment for contempt as the Judges of the Superior Courts of this State are now so empowered to assess. Any two directors shall constitute a quorum for the transaction of any business or the rendition of any decision herein provided to be made by all the directors."

Section 2.
That the Workmen's Compensation Act (Georgia Laws 1920, p. 167 et seq.) as amended, shall be further amended by adding a new section to be known as Code Section 114-718 of the Code of Georgia, to provide that any final award for compensation entered by the State Board of Workmen's Gompensation, or one of its directors, shall bear interest at tlie legal rate of seven (7%) per centum per annum on all accrued amounts and all accruing prior to final judgment in the event of an appeal being taken from said Board in the same manner that is now provided that interest shall run on a judgment of the Superior Court in event an appeal is taken therefrom, so that said new section shall read as follows:
"Section 114-718. Rate of interest upon appeaL-Any final award for compensation entered by the State Board of Workmen's Compensation shall bear interest at the legal rate of .seven (7%) per centum on all accrued amounts and all of those accruing prior to final judgment in the event of an appeal being taken from said Board in the same manner that is now provided that interest shall run on a judgment of the Superior Court in event an appeal is taken therefrom."

Section 3.
That the Workmen's Compensation Act (Georgia Laws 1920, p. 167 et seq.) as amended, shall be further amended by adding a new section to be known as Code Section 114-421 of the Code of Georgia

1772

JOURNAL OF THE HOUSE,

to provide that the State Board of Workmen's CQmpensation shall be empowered to appoint a qualified guardian for such miner claimant as might be entitled to benefits under said Act, where such minor does not have a duly qualified and appointed guardian, and said guardian so appointed by the State Board of Workmen's Compensation shall be restricted in the scope of authority to the administration only of the workmen's compensation benefits to which the minor might be entitled, so that said new section shall read as follows:
"Section 114-421. Appointment of guardian by the Board.The State Board of Workmen's Compensation is authorized to appoint a qualified guardian for any minor claimant who shall be entitled to workmen's compensation benefits, where there is no duly appointed and qualified guardian for such minor, but the authority of any such guardian so appointed by the Board shall be limited to the administration of such workmen's compensation benefits only as such minor might be entitled to receive."

Section 4.
Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed.

Section 5.
Be it further enacted by the aforesaid, that notwithstanding if any provisions of this Act, or the application thereof, to any person or circumstances, is held invalid the remainder of the Act and the application of such provisions as to persons or circumstances other , than those as to which it is held valid shall not be affected thereby.

The following amendment to the Committee substitute was read and adopted:
Committee on Industrial Relations amends substitute HB 763 by striking Section one (.1) of said substitute and renumbering the other sections accordingly as 1, 2, 3 and 4.
The Committee substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, as amended, was agreed to.
On the passage of the bill, by substitute, as amended, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1006. By Messrs. Adams of Evans, Ray of Warren, and McCracken of Jefferson:
A bill to be entitled an Act to amend Section 92-3106 of the Code of Georgia so as to provide that building and loan associations shall not be exempt from income taxation, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 8, 1952

1773

On the passage of the bill, the ayes were 57, nays 79.
The bill, having failed to receive the requisite constitutional majority, was lost.
Mr. Tumlin of Bartow requested that the following bill of the House be placed on the calendar for the purpose of considering the unfavorable report thereon:

liB 1023. By Messrs. Tumlin of Bartow, Abney of Catoosa, and others:
A bill to be entitled an Act to provide that the driver of an automobile involved in an accident shall not leave the scene, and for other purposes.

Mr. Gillis of Treutlen requested t4tat the following bill of the Senate be placed on the calendar for the purpose of considering the unfavorable report thereon:

SB 299. By Senators Hagan of the 17th, Gould of the 4th, and others:
A bill to be entitled an Act to amend an Act relating to employment of agents to seek out unreturned property, and for other purposes.

The following resolution of the Senate was read:

SR 91. By Senator Hawes of the 30th:
A resolution authorizing the negotiation with the proper parties for the leasing of certain lands in Elbert County for state park purposes, and for other purposes.
The report of the committee, which was favorable to the passage of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 120, nays 0.
The resolution was adopted.

The following resolution of the House was read and adopted:

HR 303. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Ray of Warren:

A RESOLUTION
WHEREAS, many subversive ideas are being conveyed to the children of this State through our educational system, and
WHEREAS, during these trying times it becomes increasingly important that our children be indoctrinated with the ideals of democracy which have been practiced in this great Nation of ours since its beginning, and
WHEREAS, such ideals may best be shown our children by the teaching of history, geography and civics of the United States,
NOW THEREFORE, BE IT RESOLVED by the General Assem-

1774

JOURNAL OF THE HOUSE,

bly of Georgia that the Board of Regents, the State Board of Education, and the State School Superintendent be urged and requested to require that United States history, geography and civics be taught in all the high schools of this State so that each student may have at least one year's course in each, and that United States history, geography and civics be taught in all State colleges of this State so that each student may have at least one year's course in each.

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

HB 874. By Messrs. Walker of Telfair, Best of Clay, and others:
A bill to be entitled an Act to amend an Act relating to vital statistics so as to include therein "osteopaths," and for other purposes.
The report 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 875. By Messrs. Walker of Telfair, Best of Clay, and others:
A bill to be entitled an Act to amend an Act so as to provide that osteopaths may give physical examinations to applicants for marriage licenses, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On thepassage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 624. By Messrs. Lewis of Hancock, Best of Clay, a,nd Jackson of Jones:
A bill to be entitled an Act to provide that in all criminal _cases, the accused may be sworn and cross-examined as any other witness, and for other purposes.
.Mr. Rowland of Johnson moved that further action on the bill be postponed
indefinitely.
On the motion to postpone indefinitely, the ayes were 48, nays 63, and the motion was lost.
Mr. Lewis of Hancock moved that the bill be tabled.
On the motion to table, the ayes were 89, .nays 20, and the bill was tabled.

HR 96-444a. By Mr. McCracken of Jefferson:
A resolution requesting compensation for damages to Dorothy Carswell, and for other purposes.

The following substitute was read and adopted:

FRIDAY, FEBRUARY 8, 1952

1775

By Mr. McCracken of Jefferson:

SUBSTITUTE FOR HOUSE RESOLUTION 96-444A

WHEREAS, on the 19th day of December, 1949, Dorothy Carswell was brutally attacked with a hammer or other blunt instrument held by one Pete Coleman which said attack fractured her skull, rendered her unconscious for more than forty days and resulted in her being hospitalized for more than six weeks in the Jefferson Hospital, Louisville, Georgia, and

WHEREAS, the said Pete Coleman who made the brutal attack upon said Dorothy Carswell was serving a life sentence for murder but was among prisoners furnished by the State Board of Corrections to the State Highway Department to construct said roads in Jefferson County, and

WHEREAS, on the day named said Pete Coleman was left unsupervised on a highway where the attack was made upon the said Dorothy Carswell for which attack the said Pete Coleman was tried and convicted at the May term, 1950 at the Jefferson Superior Court, and

WHEREAS, the hospital bill and doctors bills of Dr. J. W. Pilcher and Dr. John R. Lewis amounted $1,055.00, all of which is still due and still unpaid, and, ,

WHEREAS, the father of the said Dorothy Carswell is unable

to pay' said expenses, and



WHEREAS, the said hospital bill and doctors bills were incurred because of the at~ck made upon the said Dorothy Carswell by the said Pete Coleman, a convict, who at the time was not supervised, now therefore

BE IT RESOLVED by'the ;House of Representatives, the Senate concurring, that the State Board of Corrections of the State of Georgia be and.it is hereby ordered and directed to pay to the Jefferson Hospital, Dr. J. W. Pilcher and Dr. John R. Lewis the sum of $1,055 in payment of the hospital bill incurred as results of the injuries of the said Dorothy Carswell by t.aid State convict.

The report of the committee, which was favorable to. the adoption of the resolution, was agreed to, by substitute.

. On

the

adoption

of

the

resolution, :

by

substitute,

the

ayes

were.

111,

nays

3

The resolution, .having received the requisite constitutional majority, was

adopted, by substitute;





Mr. Twitty of Mitchell moved that the House do now recess until 1 :30 o'clock this afternoon and the motion prevailed.

1:30 P.M.

The Speaker called the House to order.

The following resolution of the Senate was read and adopted: SR 114. By Senator Gould of the 4th:
A resolution proposing the purchase af certain land on St. Simons

1776

JOURNAL OF THE HOUSE,

Island for the purpose of memorializing the battle of Bloody Marsh, and for other purposes.

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

HB 634. By Messrs. Lewis of Hancock, Best of Clay, and Jackson of Jones:
A bill to be entitled an Act to provide for a demand for a trial by any person accused of a capital offense, and for other purposes.
The report 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 770. By Messrs. Aycock of Jenkins and Neville of Bulloch:
A bill to be entitled an Act to amend an Act so as to provide for the witnessing of absentee ballots, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 64.
The bill, having failed to receive the requisite constitutional majority, was lost.

HB 284. By Messrs. Tarpley of Union, Twitty of Mitchell, and others:
A bill to be entitled an Act to amend Section 26'-1302 of the 1933 Code of Georgia so as to provide that no conviction for rape shall be had on the unsupported testimony of the female raped, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 89, nays 19.
The bill, having failed to receive the requisite constitutional majority, was lost.

HB 319. By Messrs. Adams of Upson, Brantley of Upson, and others:
A bill to be entitled an Act to provide the manner in which notices of cancellation of insurance policies must be effected, and for other purposes.

The following amendment was read and adopted:
Mr. M. Smith of Fulton County moves to amend HB 319 by adding after the word "policy" in line 2 of Section I the following words "for any reason other than non-payment of premium," so that as amended the said Section shall read as follows:
"Section I. That notice of cancellation of any insurance policy for any reason other than non-payment of premium must be given

FRIDAY, FEBRUARY 8, 1952

1777

either in person or by registered mail, any provision in said policy to the contrary notwithstanding. No policy of insurance shall be deemed to be cancelled unless notice of such cancellation is given in the manner herein set out." 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 96, nays 9.
The bill, having failed to receive the requisite constitutional majority, was lost.
!IB 775. By Messrs. Smith of Fulton and Matthews of Clarke:
A bill to be entitled an Act to prohibit the sale of fresh water fish, and for other purposes.
The following committee amendment was read and adopted:
The Committee on Game and Fish moves to amend iiB 775 by:
Inserting in the caption before the words "to repeal conflicting laws" the words "to provide for certain exemptions"
And by:
Adding a new section thereto to be known as Section 2 and to read as follows:
"The proVIsiOns of this Act shall not apply to any fresh water game fish taken from any private pond; provided, however, that if such private pond is used for commercial use in any manner whatsoever, then the provisions of this Act shall apply to the fresh water game fish taken from such private pond."
And
To renumber the sections accordingly.

The following amendment was read and adopted:
Mr. Owens of Tift moves to amend HB 775 by adding the following to Section 1: Provided, however, that this act shall not apply to fresh water fish caught outside the State of Georgia and transported to this State.
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 57, nays 51.
The bill, having failed to receive the requisite constitutional majority, was lost.
The following resolution of the House was read and adopted:
Im 305. By Mr. Kmght of Gorden:

1778

JOURNAL OF THE HOUSE,

A RESOLUTION
WHEREAS, there are many teachers in this State who have long experience in the teaching profession, and
WHEREAS, these experienced teachers are receiving a low salary because of their lack of long formal educational degrees, and
WHEREAS, these teachers have the same ability as those with long formal educational degrees;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, that the Department of Education be, and they are hereby requested to readjust the salary of these long experienced professional teachers who do not have the formal educational requirements as might be had by other teachers.

The following bill of the House was taken up for the purpose of considering ihe Senate amendment thereto:
HB 664. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to be entitled an Act to repeal an Act and to enact in lieu thereof the Uniform Partnership Act, and for other purposes.

The following Senate amendment to HB 664 was read:

Senator Stephens moves to amend HB 664 as follows:
1. By adding.at the end of sub-paragraph (a) V of Section 2 the following: "or that it is to exist until terminated by law or according to its provisions," so that said sub-paragraph (a) V will read as follows: "The term for which the partnership is to exist or that it is to exist until terminated by law or according io its provisions."
2. By adding at the end of sub-paragraph (1) (e) of Section 9 the words "unless the partnership agreement provides otherwise," so that sub-section (1) (e) will read as follows: " (e) admit a person as a general partner, unless the partnership agreement provides otherwise."
Mr. Gowen of Glynn moved that the House agree to the Senate amendment io HB 664.
On the motion, the ayes were 119, nays 0.
The Senate amendment was agreed to.

By unanimous consent, the Clerk was directed to correct certain errors in the Senate Amendment to HB 664.

The following bills of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 798. By Mr. Alverson of Fulton:
A bill to be entitled an Act to amend an Act so as to expand the duties of the municipal revenue collector of Atlanta, and for other purposes.

FRIDAY, FEBRUARY 8, 1952

1779

The following Senate amendments to HB 798 were read:

Senator Millican moves to amend HB 798 by striking Section 3, therefrom in its entirety and substituting in lieu thereof, the following:
The municipal revenue collector shall have the power and authority to designate any officer or employee in his Department as a Deputy Municipal Revenue Collector or a Deputy Marshal, and when so designated, such officer or employee shall take the oath of office required to be taken by the Municipal Revenue Collector as such or as an ex officio marshal. The Municipal Revenue Collector may designate any officer or employee in his department as his chief deputy, who shall exercise the powers herein conferred at the pleasure of the Municipal Revenue Collector. The said chief deputy shall exercise all the powers of the Municipal Revenue Collector or ex officio marshal in his absence or disability, and who shall be under such circumstances the head of the Department, and shall have as such, all the powers and all the authority of the Municipal Revenue Collector and ex officio marshal.

Senator Millican moves to amend HB 798 by adding the following sections, to be appropriately numbered:
Section 7.
Any proposal that calls for the expenditure of th$! funds derived from the special one-half mill from taxes for park or recreation purposes (Ga. Laws 1951, pp. 3055-3056), shall be submitted to the Citizens Committee appointed by the Mayor under the provisions of this Act, for their approval or disapproval. The decision of the Citizens Committee shall be forwarded within ninety (90) days to the Mayor and General Council. A majority of the membership of the General Council shall be required to approve or disapprove the decision of the Citizens Committee, pro'ldded however, that the Mayor may exercise his power of veto over the decision of the General Council.
Section 8.
The Mayor and General Council shall annually appropriate not less than $10,000.00 to the commission from the funds raised by the imposition of the one-half mill tax authorized by said amendment. The commission may spend any part of such funds for investigations, promotional activities, or any other purposes which the commission may consider to be in the interest of the general park program. Any unexpended portion of such appropriation shall be used only for the purposes set forth in said Act.
Senator Millican of the 52nd moves to amend HB 798 by adding thereto the following section to be placed immediately preceding the section repealing conflicting laws to be appropriately numbered:
"Section 6. Members of the Fire Department shall receive full pay for time lost while sick for 30 days of sickness in any one calendar year. Any further pay allowance for said sickness shall be subject to the approval of the Board of Firemasters. No such payment for time lost shall be made except upon certificate signed by the member claiming the pay and his Captain or immediate superior officer. The Board of Firemasters may provide for additional verification."

1780

JOURNAL OF THE HOUSE,

Senator Millican of the 52nd moves to amend HB 798 by adding the following sections immediately preceding the repealing section, all sections to be appropriately renumbered:

Section 4.
That the provisions of said Charter, as amended, contained in Section 12-108, as amended, reading as follows:
"12-108. AMOUNT OF ASSESSMENT WHERE SEWER LAID IN STREET, RIGHTS OF ABUTTING OWNERS.-In all cases where a sewer shall be laid by or under the authority of said City in any street, the sum of $2.00 per lineal foot shall be assessed upon the property and estates respectively abutting on said sewer, on each side of said street in which said sewer is laid or constructed; and in consideration of the payment of said assessment the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer. The remaining cost of all sewers not thus assesssed shall be paid by said city out of the sewer appropriation for the year.", be and the same is hereby repealed and the following section enacted in lieu thereof:
"Section -. In all cases where a sewer shall be laid by or under the authority of said City in any street, the sum of $2.50 per lineal foot shall be assessed upon the property and estates respectively abutting on said sewer, on each side of said street in which said sewer is laid or constructed; and in consideration of the payment of said assessment the owners of said estates shall have the right to connect their drains from said abutting property for the discharge of sewerage into said sewer. The remaining cost of all sewers not thus assessed shall be paid by said city out of the sewer appropriations for the year."

Section 5.
That the provisions of said Cha1ter, as amended, and as set forth in Section 12-110, Code, City of Atlanta, 1942, reading as follows:
"12-110. EXEMPTION OF PART OF FRONTAGE OF CORNER LOTS.In case of real estate situated on street corners, and having frontage on two streets, the owner, and real estate thus situated, shall be assessed as by this Chapter provided for the frontage on the street in which a sewer is first laid; and when a sewer is laid on the other street, 75 feet of frontage shall be exempt from assessment on the owner and real estate for the last named sewer.", be and the same is hereby repealed and the following section enacted in lieu thereof:
"Section -. In case of real estate situated on street corners, and having frontage on two streets, the owner, and real estate thus situated, shall be assessed as by this Chapter provided for the frontage on the street in which a sewer is first laid; and when a sewer is laid on the other street, 150 feet of frontage shall be exempt from assessment on the owner and real estate for the last named sewer."
Mr. Alverson of Fulton moved that the House agree to the Senate amendments to HB 798.
On the motion, the ayes were 103, nays 0.
The Senate amendments were agreed to.

FRIDAY, FEBRUARY 8, 1952

1781

HB 942. By Messrs. Williams and Bentley of Cobb:
A bill to be entitled an Act to amend an Act so as to provide for the extension of the coPporate limit of the City of Kennesaw, and for other purposes.

The following Senate amendment to HB 942 was read:
Senator Willingham of the 39th moves to amend HB 942 as follows:
Strike in section one of said bill the word or words "three-fourths" wherever same appears, and inserting in lieu thereof the word "one." Also by striking the word "for" in the next to the last line of section one, and inserting in lieu thereof the word "from."
Mr. Bentley of Cobb moved that the House agree to the Senate amendment to HB 942.
On the motion, the ayes were 104, nays 0.
The Senate amendment was agreed to.

Under the regular order of business, the following bill and resolutions of the House were taken up for consideration and read the third time:

HR 287-1007d. By Mr. Kidd of Baldwin:
A resolution requesting compensation for damages to Anne Myrich, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 107, nays 2.
The resolution, having received the requisite constitutional majority, was adopted.

HB 374. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act relating to warm air heating contractors, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 60, nays 52.
The bill, having failed to receive the requisite constitutional majority, was lost.

HR 26'4-967a. By Mr. Owens of Tift:
A resolution requesting compensation for damages to W. B. Hitchcock, and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 104, nays 1.

1782

JOURNAL OF THE HOUSE,

The resolution, having received the requisite constitutional majority, was adopted.
\ Under the regular order of business, the following resolution of the House was again taken up for consideration:

HR 231-882e. By Mr. Leach of Rockdale: A resolution requesting compensation for damages to Claude G. Bennett, and for other purposes.

The following amendment was read and adopted:
Mr. Leach of Rockdale moves to amend HR 231-882e as follows: To strike in its entirety paragraph 4, and by changing the amount in paragraph 6 so as to make it read $382.50.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution, as amended, the ayes were 103, nays 3.
The resolution, having received the requisite c-onstitutional majority, was adopted, as amended.

Under the regular order of business, the following bills. and resolution of the House were taken up for consideration and read the third time:

HR 247-927g. By Messrs. White and Kelley of Gwinnett:
A resolution requesting. compensation for damages to Mrs. Floyde Addington, and for other purposes.

The following amendment was read and adopted:
Mr. White of Gwinnett moves to amend HR 247-927g by striking the last paragraph and inserting the following: "Be it resolved that the above sum be paid from funds previously appropriated to the Department of Corrections."
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
On the adoption of the resolution; as amended, the ayes were 103, nays 1.
The resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 203. By Messrs. Pittard of Clarke, Clay of Bibb, and others:
A bill to be entitled an Act to provide for the annulment of marriages in certain instances, and for other purposes.
The following amendment was read and adopted:
Mr. Pittard of Clarke moves to amend HB 203 by striking therefrom Section 3 in its entirety and renumbering other paragraphs accordingly; and that the word "unknowingly" be stricken from Section 2 and the word "marriage" in Section 2 be changed to "marriages".

FRIDAY, FEBRUARY 8, 1952

1783

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 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

Under the regular order of business, the following bill of the House was again taken up for consideration:

HB 267. By Mr. Rogers of Heard:
A bill to be entitled an Act to provide for tattoos, marks, and brands on cattle, and for other purposes.

The following committee substitute was read and adopted:

AN ACT
Governing, and relating to the recordings of tattoos, marks and/or brands of livestock; the inspection of the tattooed, marked and/or branded livestock; prescribing the duties and the powers of the Commissioner of Agriculture in relation thereto; providing remedies and penalties for the enforcement and violation hereof and repealing statutes and all laws in conflict herewith; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same.
Section 1.
The inspection and protection of livestock in the State of Georgia is hereby placed under the jurisdicton of the Commissioner of Agriculture, herein called the Commissioner.
Section 2.
All persons having cattle in this State shall record their tattoos, marks and/or brands in the Office of the Commissioner of Agriculture and shall advise the Commissioner in writing in what county or counties in the State they have or expect to have livestock bearing the tattoo, mark and/or brand so recorded. If an offer be made to record a tattoo, mark and/or brand previously recorded, the Commissioner shall have sole authority to determine who shall have prior authority to the tattoo, mark and/or brand submitted for record. No duplication of a tattoo, mark and/or brand shall be recorded within the State. The same tattoo, mark and/or brand may recorded by different owners when placed on the six recognized different portions on the animal, that is the left hip, the left rib, the left shoulder, the right hip, the right shoulder and the right rib. If conflict should arise between the owner of any such presently recorded tattoo, mark and/or brand and another claiming the right to record the same tattoo, mark and/or brand, the Commissioner shall in all eases give preference to the present owner. All such tattoos, marks and/or brands now recorded in the several counties which are not recorded with the Commissioner under the provisions of this Act within a period of one year from the time

1784

JOURNAL OF THE HOUSE,
this Act shall become effective, shall be considered abandoned, and all rights and title therein and thereto shall cease and terminate. No person, firm or corporation shall use any tattoo, mark and/or brand to which another has a prior right of record.
Section 3.
Certified copies of recorded tattos, marks and/or brands shall be furnished by the Commissioner when and as requested and he shall charge and collect a fee of one dollar for each certificate. Such certificates shall be admissible in evidence in all Courts.
Section 4.
The Commissioner shall prescribe and enforce suitable rules and regulations for the proper inspection of all livestock, hides and beef, under the provisions of this Act, in order that the true ownership thereof may at all times be protected and preserved and in order to prevent larceny or theft or illegal possession of the same and for the efficient enforcement of this Act. The Commissioner shall, if he deems advisable, to divide the State into livestock districts or sections and to use and to employ such persons and/or agents he may deem advisable to enforce and to administer the intent and the provisions of this Act.
Section 5.
All registration of tattoos, marks and/or brands shall be effective for a five year period from date of registration in the records to be kept and maintained by the Commissioner, and the same may be renewed for a five year period starting with the first day of January 1955, and renewable thereafter at the expiration of each five year period. Any tattoo, mark and/or brand not renewed within a sixty day period after the effective date of expiration shall be considered abandoned and shall be duly cancelled on the records of the Commissioner.
Section 6.
In the event an owner retattoos, remarks and/or rebrands he must do so without any in any way altering, blemishing or defacing any previous tattoo, mark and/or brand. If an entire stock of livestock is sold and delivered or conveyed to a purchaser, the tattoo, mark and/or brand carried by the animals sold may be conveyed to the purchaser by agreement of the seller and acceptance on the part of the buyer. In the event the sale by agreement conveys the tattoo, marks and/or brand a true copy of such bill of sale or written instrument evidencing sale shall be filed with the Commissioner within thirty days of the effective date of said sale.
Section 7.
It shall be the duty of the purchaser to obtain a bill of sale for all livestock purchases. All bills oi. sale shall carry and contain a full description of the livestock, the same to include the tattoos, marks and/or brands on the livestock.
Section 8.
Any person, firm or corporation whQ shall violate any proVISIOn of this Act ehall be guilty of a misdemeanor and, upon conviction, shall

FRIDAY, FEBRUARY 8, 1952

1785

be punished by a fine of not more than $500.00 er imprisonment for not more than six months, or both.
Section 9.
Should any portion of this Act be held unconstitutional or invalid, the remaining portions shall not be affected and shall be construed as constitutional valid and effective.
Section 10.
All laws or parts of laws which are in conflict herewith shall be and the same are hereby repealed.
Section 11.
This Act shall take effect immediately upon its passage.

The following amendment was read and adopted:
Mr. Pittard of Clarke moves to amend the substitute to HB 267 by striking Sections 8 and 9 therefrom in their entirety.
Mr. Pittard of Clarke moved that further action on HB 267 be postponed indefinitely and the motion was lost.
Mr. Ray of Warren moved the previous question and the motion prevailed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to, as amended.
On the passage of the bill, by substitute, as amended, the ayes were 64, nays 48.
The bill, having failed to receive the requisite constitutional majority, was lost:.

Mr. Rogers of Heard gave notice that at the proper time he would move that the House reconsider its action in failing to pass the bill.

Mr. Alverson of Fulton asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government:

SB 353. By Senator Millican of the 52nd:
A bill to be entitled an Act to require an annual audit in certain counties, and for other purposes.

The unanimous consent request was granted and the bill was withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government.

By unanimous consent, all bills and resolutions of the House passed today were ordered immediately transmitted to the Senate.

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

1786

JOURNAL OF THE HOUSE,

Mr. Black of Webster moved that the House do now adjourn until 9 :00 o'clock tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9 :00 o'clock tomorrow morning.

SATURDAY, FEBRUARY 9, 1952

1787

Representative Hall, Atlanta, Georgia. February 9th, 1952.

The House met pursuant to adjournment, this day at 9:00 o'clock, A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, 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 uncontested local bills and resolutions.
4. First reading and reference of Senate bills and resolutions.
5. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

Mr. Edenfield of Emanuel County, Chairman of the Committee on Conservation, submitted the following report:
Mr. Speaker: Your Committee on Conservation has had under consideration the following
Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the follawing recommendations:
SR 104. Do Pass. Respectfully submitted,
Edenfield of Emanuel,
Chairman.

Mr. Alverson of Fulton 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 considera-
tion the following Bills and Resolutions of the Senate and has instructed me as

1788

JOURNAL OF THE HOUSE,

Chairman, to report the same back to the House with the following recommendations:
SB 353. Do Pass, as Amended.
SB 390. Do Pass.
SR 106. Do Pass, as Amended. Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Rogers of Heard County, Chairman of the Committee on General Agriculture #2, submitted the following report:

Mr. Speaker:

Your Committee on General Agriculture #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 391. Do Pass.

Respectfully submitted, Rogers of Heard, Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General Judiciary #1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #1 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 312. Do Pass. Respectfully submitted, Gowen of Glynn, Chairman.

Mr. Gowen of Glynn County, Chairman of the Committee on General Judiciary #1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary #1 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:

SATURDAY, FEBRUARY 9, 1952

1789

SB 278.

Do Pass, as Amended. Respectfully submitted, Gowen of Glynn, Chairman.

Mr. Brazeal of Terrell County, Chairman of the Committee on Public Highways #1, submitted the following report:

Mr. Speaker:
Your Committee on Public Highways # 1 has had under consideration the
following Resolution of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:

SR 90. Do Pass.

Respectfully submitted, Brazeal of Terrell, @hairman.

Mr. Greer of Lanier County, Chairman of the Committee on Public Welfare, submitted the following report:
Mr. Speaker:
Your Committee on Public Welfare 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 292-1029a. Do Pass, by &ubstitute. Respeotfully submitted, Greer of Lanier, 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 Bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 392. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

1790

JOURNAL OF THE HOUSE,

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

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

SR 112. By Senators Hayes of the 14th, Dunn of the 8th and Williams of 49th:
A resolution providing for the appointment of a Committee to study the livestock and seed industries; and for other purposes.

SB 369. By Senator Pittman of the 53rd:
A bill to amend Section 41 of the General Assembly, approved .Jan. 3, 1938 (Ga. Laws 1937-38, Extraordinary Session, Pages 77-103), as amended by the Act approved Jan. 31, 1946, so as to provide the time, place and procedure for the sale of real and personal property levied upon by the State Revenue Commissioner or his representative, and for other purposes.

SB 370. By Senator Connell of the 6'th and Senator Rawls of the lOth:
A bill to amend 22-1601 of the Code of Georgia of 1933 relating to the domestication of foreign corporations by defining the effect of such domestication in respect of the rights and obligations of the corporation and its stockholders as between themselves.

SB 394. By Senator Millican of the 52nd:
A bill to amend an Act authorizing Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to employees and for other purposes.

SB 398. By Senator Millican of the 52nd:
A bill to amend an Act applicable to counties having a population of 200,000 or more according to the last or any future United States census; providing for the time of holding primary elections in such counties.

SR 115. By Senator Holloway of the 13th:
A resolution that the Georgia State Senate authorize the Secretary of State to print and distribute not less than one (1) copy of the Georgia Official and Statistical Register to every high school in the State of Georgia, and for other purposes.

SR 116. By Senators Stephens of the 50th, Williams of the 19th, Oliver of the 54th and others:
A resolution creating a special Senate Committee to study the problems and educational needs of retarded and/or exceptional children, prescribing its powers and duties, and for other purposes.

HB 960. By Mr. Greer of Lanier:

SATURDAY, FEBRUARY 9, 1952

1791

A Bill to amend an Act approved March 7, 1933 (Ga: Laws 1933, p. 602) as amended, creating a Board of Commissioners of Roads and Revenues for the County of Lanier and providing a referendum to vote on same; and for other purposes.

HB 958. By Messrs. Gowen and Nightingale of Glynn:
A Bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Glynn County, Georgia, approved Feb. 11, 1937 (Ga. Laws 1937, p. 1337), and all acts amendatory thereto; and for other purposes.
HB 987. By Messrs. Vandiver, Clay and Wood of Bibb:
A Bill to amend an Act approved Feb. 25, 1949, entitled 'An Act to provide a pension and/or retirement plan and fund for county employees and/or officers of Bibb County, Georgia, also defining the words, terms and phrases of said Act; and for other purposes.

HB 740. By Messrs. Kelley and White of Gwinnett:
A Bill 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 Treasurer, as amended by an Act as set out on pages 861 and 862, Georgia Laws 1941 and as amended by an Act as set out on page 1006, Georgia Laws, 1947 and for other purposes.

HB 943. By Messrs. Trapnell and Neville of Bulloch:
A Bill to provide that the Coroner in all counties of this State having a population of not less than 24,600 and not more than 24,800 according to the 1950 U. S. Census or any future census, shall be compensated on a salary basis rather than a fee basis, and for other purposes.

HB 597. By Messrs. Burgamy and Murr of Sumter, and Black of Webster:
A Bill to amend Section 74-9902 of the 1933 Code of Georgia, which section now makes the abandonment of a child a misdemeanor, and for other purposes.

HB 92.

By Mr. Alverson of Fulton:
A Bill to authorize the Superintendent of the Milledgeville State Hospital to admit to the Milledgeville State Hospital as a voluntary patient for observation, diagnosis, care and treatment any individual who is mentally ill or has symptoms of mental illness and who, being sixteen years of age or over, applies therefor, and for other purposes.

HR 260. By Mr. Knight of Gordon:
-Proposing that the Director of the Department of State Parks be directed and authorized to acquire a tract of land in the County of Gordon suitable for use by the State as a New Echota State Memorial Park which will commemorate forever the historic grounds of the foremost tribal family of America, the land of the Cherokees; and for other purposes.

1792

JOURNAL OF THE HOUSE,

HR 166. By Mr. Boggus of Ben Hill: Requesting the State Librarian to furnish law books to Ben Hill County.

The Senate has read and adopted the following Resolutions of the House:

HR 295. By Messrs. Boggus of Ben Hill; Hand of Mitchell and Smith of Emanuel:
Proposing that the General Assembly of Georgia extend sincerest condolences and sympathy to the Royal Family; and for other purposes.
HR 296. By Messrs. Freeman of Monroe and Lovett of Laurens:
Expressing appreciation of the General Assembly to Hon. James F. Byrnes, Governor of South Carolina, for his timely message of February 6, 1952.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority, the following bill of the House to wit:

HB 863. By Messrs. Hand and Twitty of Mitchell, Ray of Warren and others:
A bill to provide for the levying, assessing, and collecting of an income tax on net income; to amend the existing statutes relating to the collection of an income tax; and for other purposes.
The Senate has adopted the report of the Committee of Conference on the following bill of the House:
HB 781. By Mr. Beasley of Mcintosh:
A bill to regulate the use of nets for a certain period in dragging for shrimp in Georgia waters; to provide for penalty; to repeal conflicting laws; and for other purposes.
Mr. Speaker:
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 338. By Senator Mashburn of the 33rd:
A bill to amend the Act creating the Board of Commissioners of Roads and Revenues of Forsyth County so as to raise the salaries of the Board of Commissioners and the Clerk thereof, and for other purposes.
The Senate has agreed to the House Substitute to the following bill of the Senate:

SATURDAY, FEBRUARY 9, 1952

1793

SB 340. By Senator Millican of the 52nd:
A bill to amend the Act creating the Civil Court of Fulton County to provide for a deposit of $3.00 as costs with each proceeding filed, and for other purposes.
!Vir. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate to wit:

SB 399. By Senator Edenfield of the 2nd:
A bill to amend Section 45-811 of the Code relating to punishment for taking oysters with a scoop, rake, dredge, or other device rather than oyster tongs within 1,000 feet of the shore line so as to provide that in Mcintosh County, oysters may be taken by a dredge in waters too deep for the use of oyster tongs, and for other purposes.

SB 401. By Senator Williams of the 47th:
A bill to amend the Act creating the City Court of Statesboro to provide for the monthly and quarterly term, monthly terms to be held on the 2nd Monday in each month and quarterly terms in January, April, July and October, and for other purposes.

By unanimous consent, the following bills and resolutions of the House and Senate, favorably reported, were read the second time:
HR 292-1029a. By Mr. Mims of Miller: A resolution proposing the continuance of the committee appointed to investigate the Department of Public Welfare, and for other purposes.
SR 90. By Senator Stephens of the 50th: A resolution proposing that a certain highway be designated as the Jefferson Davis Highway, and for other purposes.
SB 312. By Senators Moate of the 20th and Rawls of the lOth: A bill to be entitled an Act to amend Section 22-1504 of the 1933 Code of Georgia so as to authorize certain corporations to own land, and for other purposes.
SR 104. By Senator Edenfield of the 2nd: A resolution proposing the leasing of the Old Fort King George Site, and for other purposes.
SB 390. By Senator Mallory of the 25th: A bill to be entitled an Act to amend an Act so as to change the compensation of the members of the board of commissioners of roads and revenues of Harris County, and for other purposes.

1794

JOURNAL OF THE HOUSE,

SB 391. By Senator Connell of the 6th:
A bill to be entitled an Act to amend an Act so as to change the taxes on domestic and foreign wines, and for other purposes.

By unanimous consent, the following bills of the House and Senate were taken up for consideration and read the third time:
SB 353. By Senator Millican of the 52nd:
A bill to be entitled an Act to require certain counties to audit their records annually, and for other purposes.
The following Committee amendment was read and adopted:
Representative Luther Alverson moves to amend the within Act in the following particulars:
By striking the language, "to provide for the printing of such audit," appearing in the caption of said Act and by striking the language, "who shall have no other connection whatsoever with the County or City," appearing in Section 2 of said Act and by striking Section 3 of said Act in its entirety and placing in lieu thereof a new Section 3, which shall read as follows:
Section 3. Upon receipt of the audit, the clerk of the governing body shall forthwith have complete copies of all such reports transmitted to the grand jury of such counties then in session; and shall also send complete copies of said reports to the county manager, the Carnegie Library, the Atlanta Chamber of Commerce and to each member of the governing authorities of such counties; and shall send copies of each departmental audit to the department heads concerned. The grand jury of such counties then in session, upon the receipt of said copies of the complete audit, after its consideration and examination of the same shall retransmit said copies, together with its recommendations, to the clerk of the governing authorities of such counties. Copies of all' or any part of said audit shall be available to any interested party at actual cost.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.
SB 384. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to discontinue the requirement that a member of the board of commissioners of roads and revenues of Fulton County must reside outside the corporate limits of Atlanta, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 9, 1952

1795

SB 385. By Senator Millican of the 52nd:
A bill to be entitled an Act to repeal an Act requiring certain counties to supplement the funds of the counuty 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 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 386. By Senator Millican of the 52nd:

A bill to be entitled an Act to amend an Act establishing a teachers' retirement system in Fulton County, and for other purposes.

The report of the committee, which was favorable to the passage of the

bill, was agreed to.



On the passage of the bill, the ayes were 106, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SB 387. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for the expiration date of licenses issued by 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 107, nays 0.
The bill, having received the rquisite constitutional majority, was passed.

SB 388. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to require certain counties to specify in any tax levy the percentage thereof levied for each separate purpose, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 381. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for the office of deputy marshal in 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 109, nays 0.

1796

JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed.

SB 380. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide that the City of East Point may sell stolen personal property after advertising, and for other purposes.
The report of the committee, which was favorable to the passage of the biii, 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.

SB 379. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to change the compensation of the aldermen of 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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 378. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide that the terms of certain commissioners of roads and revenues of Fulton County shall be for two years, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 383. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act authorizing Fulton County to complete with convict labor certain projects, and for other purposes.
The report 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.
SB 376'. By Senator Duncan of the 34th:
A bill to be entitled an Act to amend an Act so as to provide for the election of the mayor and council of Sugar Hill, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

SATURDAY, FEBRUARY 9, 1952

1797

On the passage of the bill, the ayes were 114, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 368. By Senator Jones of the 22nd:
A bill to be entitled an Act to create a new charter for the City of Jackson, and for other purposes.

The following committee amendment was read and adopted:
The Committee on Municipal Government moves to amend SB 368 by:
Striking therefrom Section 61 and substituting in lieu thereof the following:
"Section 61. This Act shall become effective according to the following provisions: None of the provisions of this Act shall become effective unless approved by a majority of the qualified and voting voters embraced within the present corporate limits of Jackson. Section 1 of this Act, extending the city limits of Jackson to include proposed additional territory, shall not become effective unless this Act is approved by a majority of the qualified and voting voters embraced within such additional territory; in case a majority of the voting and qualified voters within the present corporate limits of Jackson approve this Act, all the provisions thereof shall become effective except Section 1, which undertakes to extend the corporate limits of Jackson, such corporate limits to remain as they presently are. Not less than twenty nor more than sixty days after the passage of this Act, it shall be the duty of the Ordinary of Butts County to call an election for the purpose of submitting to the qualified voters of Jackson and the territory proposed to be annexed thereto the question of whether this Act shall become effective according to the preceding provisions. It shall be the duty of the Ordinary to publish the date of the election and the purpose therefor once a week for two weeks in a newspaper of general circulation in the territories affected. The Ordinary shall provide one ballot box for the voters embraced within the present corporate limits and a different ballot box for the voters in the proposed additional territory."
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 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

HB 1029. By Messrs. McGee and Hood of Chatham:
A bill to be entitled an Act to provide for a new registration of the qualified voters 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 116, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1798

JOURNAL OF THE HOUSE,

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

SR 112. By Senators Hayes of the 14th, Dunn of the 8th and Williams of the 49th:
A Resolution providing for the appointment of a Committee to study the livestock and seed industries, and for other purposes.
Referred to the Committee on General Agriculture # 1.

SR 115. By Senator Holloway of the 13th: A Resolution authorizing the Secretary of State to print and distribute not less than one copy of the Georgia Official and Statistical Register to every high school in the State, and for other purposes.
Referred to the Committee on State of Republic.
SR 116. By Senators Stephens of the 50th, Williams of the 19th and others:
A Resolution creating a special Senate Committee to study the problems and educational needs of retarded and/or exceptional children, and for other purposes.
Referred to the Committee on General Education # 1.
SB 369. By Senator Pittman of the 53rd:
A Bill to be entitled an Act to amend an Act so as to provide the time, place and procedure for the sale of real and personal property levied upon by the State Revenue Commissioner or his representatives, and for other purposes.
Referred to the Committee on State of Republic.
SB 370. By Senator Connell of the 6th:
A Bill to be entitled an Act to amend an Act relating to the domestication of foreign corporations, and for other purposes. Referred to the Committee on General Judiciary #1.
SB 394. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act authorizing Commissioners of Roads and Revenues of Fulton County to establish rules and regulations governing the payment of pensions to employees, and for other purposes.
Referred to the Committee on Counties and County Matters.
8B 398. By Senator Millican of the 52nd:
A Bill to be entitled an Act to amend an Act applicable to counties having a population of 200,000 or more, providing for the time of holding primary elections in such counties, and for other purposes.
Referred to the Committee on Counties and County Matters.

SATURDAY, FEBRUARY 9, 1952

1799

SB 399. By Senator Edenfield of the 2nd:
A Bill to be entitled an Act to amend an Act relating to the punishment for taking oysters with a scoop, rake, dredge, or other device, other than oyster tongs, and for other purposes.
Referred to the Committee on Game and Fish.

SB 401. By Senator Williams of the 47th:
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 Counties and County Matters.
Mr. Smith of Emanuel asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on State of Republic, read the second time and recommitted to the Committee on State of Republic.
SB 392. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide for the transfer of the Fulton County crime laboratory to :the State Department of Public Safety, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on State of Republic, read the second time and recommitted to the Committee on State of Republic.

Mr. Alverson of Fulton moved that the House recede from its amendment of the following bill:

SB 269. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to authorize the City of Atlanta to sell certain lands, and for other purposes.
The motion prevailed, and the House receded from its amendment of SB 269.
The following resolutions of the House were read and adopted:
HR 306. By Messrs. Vandiver of Bibb, Lewis of Hancock, and Jackson of Jones:
A RESOLUTION WHEREAS, the deadline date for filing State Income Tax returns is March 15, 1952, and
WHEREAS, due to their services as members and officers of the General Assembly the members thereof will not have sufficient time to give proper study to the preparation of such returns, and
WHEREAS, it has been customary in the past for an extension to be granted members of the General Assembly for filing such returns;
NOW, THEREFORE, BE IT RESOLVED by the House of Rep-

1800

JOURNAL OF THE HOUSE,

resentatives that the Income Tax Division of the State Department of Revenue be requested and urged to grant to the members of the General Assembly of the State of Georgia an extension of sixty days for the purpose of filing State Income Tax Returns.
BE IT FURTHER RESOLVED that a copy of this resolution be mailed to Honorable Charles D. Redwine, State Revenue Commissioner.

HR 307. By Messrs. Vandiver of Bibb, Lewis of Hancock, and Jackson of Jones:

A RESOLUTION
WHEREAS, the deadline date for filing Federal Income Tax returns is March 15, 1952, and
WHEREAS, due to their services as members and officers of the General Assembly the members thereof will not have sufficient time to give proper study to the preparation of such returns, and
WHEREAS, it has been customary in the past for an extension to be granted members of the General Assembly for filing such returns,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the Federal Income Tax Department be requested and urged to grant to the members and officers of the General Assembly of the State of Georgia an extension of sixty days for the purpose of filing Federal Income Tax returns.
BE I'f FURTHER RESOLVED that a copy of this resolution be mailed to Honorable Marion H. Allen, Collector of Internal Revenue for the district in which the State of Georgia is located.

HR 308. By Mr. Vandiver of Bibb:

A RESOLUTION
WHEREAS, the Macon Telegraph Publishing Company has placed a copy of the Macon Telegraph upon the desk of each member of the House of Representatives during the present session of the General Assembly, and
WHEREAS, the Members of the General Assembly have enjoyed reading the Macon Telegraph,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the members express to the Macon Telegraph their sincere appreciation for this service.
BE IT FURTHER RESOLVED that the Clerk of the House of
Representatives be instructed to send a copy of this Resolution to
Mr. Peyton Anderson, Jr., publisher of said newspaper.

HR 309. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and Ray of Warren:

A RESOLUTION
WHEREAS, the late J. GROVER ROCKMORE was the first administrative employee of the State Revenue Commission which is

SATURDAY, FEBRUARY 9, 1952

1801

now known as the Revenue Department; and
WHEREAS, he played a very important part in the development {)f the Revenue Department which he served in an administrative capacity for twenty-eight years; and
WHEREAS, he made many contributions and rendered invaluable service to the State of Georgia and to the Revenue Department during this twenty-eight years; and
WHEREAS, he held the unquestionable respect of all those citizens of the State of Georgia who knew him, either in his administrative capacity or personally, for his conscientious, efficient, considerate and courteous manner in the carrying out of his duties toward the State of Georgia and its citizens; and
WHEREAS, he has set an exceptional example for all persons, whether in governmental positions or otherwise, to follow in the conduct of their relationships with and their duties toward their fellow man; and
WHEREAS, no suitable recognition has been given to this great Georgian whose efforts have meant so much to so many:
THEREFORE, BE IT RESOLVED by the House of Representatives of the State of Georgia, that J. GROVER ROCKMORE be and is hereby recognized by the State of Georgia and its citizens for those services which he has rendered in such an outstanding manner for this State.

HR 310. By Messrs. Jessup of Bleckley, Aycock of Jenkins, and others:

A RESOLUTION
WHEREAS, the Honorable Ben J. Tarbutton, a most distinguished Representative from the County of Washington, did sumptuously entertain the members of the House of Representatives in the Dixie Room of the Henry Grady Hotel in the P.M. on February 7, 1952, and
WHEREAS, this distinguished Representative did so bounteously provide for the members hereof an occasion of superb fellowship and good will long to be remembered by them, and
WHEREAS, the excellent host of this famous occasion is deserving of the most cordial appreciation of all his guests:
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the most sincere and cordial appreciation be expressed to the Honorable Ben J. Tarbutton, distinguished Representative from the great county of Washington, for his pleasing and generous entertainment.
BE IT FURTHER RESOLVED that a copy {)f this resolution, duly authenticated by the Clerk of this House, be immediately dispatched to the Honorable Ben J. Tarbutton.

HR 311. By Mr. Perkins of Carroll:

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JOURNAL OF THE HOUSE,
A RESOLUTION
WHEREAS, at the present time veterans of the armed forces who are mentally sick are unable to be admitted to Veterans Hospitals because of the lack of beds therein unless such mental illness is serviceconnected; and
WHEREAS, hundreds of Georgia mentally ill veterans are at the present time by necessity being lodged in county jails or the already over-crowded Milledgeville State Hospital; and
WHEREAS, this situation can be remedied;
NOW, THEREFORE, BE IT RESOLVED by the General Assembly of Georgia that the Congress of the United States be most earnestly urged to take steps to make available facilities to take care of these mentally ill veterans as soon as possible; and
BE IT FURTHER RESOLVED that a copy of this resolution be immediately dispatched to the Clerk of the House of Representatives of the United States Congreses and the Secretary of the Senate of the United States Congress and to each member of the Georgia delegation of the United States Congress.

HR 312. By Messrs. Brantley and Adams of Upson:

A RESOLUTION

WHEREAS, the State of Georgia has recently enacted a State sales tax; and
WHEREAS, all such sums paid for such tax are proper and allowable deductions in computing the taxable income under the Federal Income Tax Laws; and
WHEREAS, the preparation and maintenance of an itemized account of the sales tax paid on each and every purchase imposes a laborious and time-consuming burden on the citizens of this State;
NOW, THEREFORE, be it resolved by the General Assembly of the State of Georgia:
That the Congress of the United States is hereby requested to grant a deduction to each citizen of Georgia according to the following table, graduated against annual income of the individual:

Annual Income $ 1,000.00 2,000.00 3,000.00 5,000.00 10,000.00 15,000.00 20,000.00

Per Cent of Income Deductible 1.8% 1.7 1.4 1.2 1.1 .9 .7

SATURDAY, FEBRUARY 9, 1952

1803

30,000.00

.6

50,000.00

.5

100,000.00

.4

HR 313. By Messrs. Ray of Warren and Gowen of Glynn:

A RESOLUTION
WHEREAS, the State of Georgia has at Alto certain buildings which are dilapidated and unusable, and which it is not practicable to repair and being of the best interest of the State that said buildings be dismantled and the lumber and materials therein be sold and disposed of, now therefore
BE IT RESOLVED by the House of Representatives, the Senate concurring, that the Department of Health is hereby authorized to dismantle the said buildings and dispose of the materials and remit the net proceeds derived therefrom to the State Treasury.

HR 314. By Mr. Key of Jasper:
A RESOLUTION
WHEREAS, during this session of the Legislature the members of the House of Representatives have had occasion to continually make use of the facilities of the Southern Bell Telephone and Telegraph Company, and
WHEREAS, the said Telephone Company has in its employ Mrs. Nellie W. Deatz, Mrs. Louise H. Edwards and Mrs. Marion J. Sexton, who are in charge of the telephones used by the members of the House; and
WHEREAS, these ladies have rendered unexcelled telephone service to us with the utmost courtesy and dispatch; Therefore be it
RESOLVED that Mrs. Deatz, Mrs. Edwards, and Mrs. Sexton be extended the sincere thanks of the House of Representatives and that a copy of this Resolution be delivered to each of them.

Under the regular order of business, the following bills of the Senate were taken up for consideration and 1ead the third time:

SB 333. By Senators Millican of the 52nd, Hawes of the 30th, and others:
A bill to be entitled an Act to amend an Act so as to authorize recipients of aid to the blind to have a $600.00 emergency 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 108, nays 1.
The bill, having received the requisite constitutional majority, was passed.

SB 198. By Senators Coleman of the 18th and Harden of the 45th:

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JOURNAL OF THE HOUSE,

A bill to be entitled an Act to provide for the development of vocational education programs, and for other purposes.
The report 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 234. By Senators Rawls of the lOth and Connell of the 6th:
A bill to be entitled an Act to amend an Act so as to include the Director of the Department of Entomology under the merit system, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 235. By Senators Rawls of the lOth and Connell of the 6th:
A bill to be entitled an Act to amend an Act so as to include the director of the State Department of Mines, Mining, and Geology under the merit system, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 105, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Mr. Gowen of Glynn asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted to the Committee on General Judiciary No. 1:
SB 278. By Senators Williams of the 19th and Trotter of the 37th:
A bill to be entitled an Act to provide for the priority of claims to funds from fines imposed in criminal cases, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on General Judiciary No. 1, read the second time and recommitted to the Committee on General Judiciary No. 1.
Under the regular order of business, the following bills of the Senate were taken up for consideration and read the third time:
SB 263. By Senator Mallory of the 25th:
A bill to be entitled an Act to authorize county boards of education to purchase educational literature and services, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

SATURDAY, FEBRUARY 9, 1952

1805

On the passage of the bill, the ayes were 111, nays 0. The bill, having received the requisite constitutional majority, was passed.

SB 294. By Senators Edenfield of the 2nd and Gould of the 4th:
A bill to be entitled an act to provide for the control of wild life found in streams which are owned for their entire length on both sides by the owners 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 108, nays 2.
The bill, having received the requisite constitutional majority, was passed.

Mr. Gowen of Glynn gave notice that at the proper time he would move that the House reconsider its action in passing the bill.
SB 304. By Senator Rawls of the lOth:
A bill to be entitled an Act to provide that any city may by ordinance allow commercial advertisements to be placed on parking meter posts, and for other purposes.
Mr. Gardner of Dougherty moved that the bill be tabled. The motion prevailed and the bill was tabled.
SB 146. By Senator Edenfield of the 2nd:
A bill to be entitled an Act to amend Section 45-249 of the 1933 Code of Georgia so as to provide for the issuance of hunting and fishing licenses only on the oral or written application of the applicant, and for other purposes.
The following committee amendment was read and adopted:
House Committee on Game and Fish moves to amend SB 146 by:
Adding to the caption thereof, by inserting after the words "to obtain the license" and before the words "and for other purposes," the words:
"To amend Code Section 45-222 of the 1933 Code of Georgia Supplement relating to non-resident fishing license fee, so as to change the fee";
and by:
Adding a new section thereto to be numbered "Section 2" in order to amend Code Section 45-222 of the 1933 Code of Georgia Supplement by striking the words, figures and symbols of "Ten Dollars and Twenty-Five Cents ($10.25)" wherever the same may appear and inserting in lieu thereof the words "in the same amount as the State in which such non-resident of Georgia resides charges for a non-resident fishing license" so that said Section 45-222 when so amendQd shall read as follows:
"45-222. Non-resident fishing license fee for year from April 1; daily permits. Each non-resident of this State who desires to exercise

1806

JOURNAL OF THE HOUSE,

the privilege of fishing in any of the waters of this State shall obtain from the Director of the Game and Fish Commission a license and pay therefor a license fee in the same amount as the State in which such non-resident of Georgia resides charges for a non-resident fishing license, and such license shall bear the date of April 1 of the year in which issued and shall expire on March 31 of the following year: Provided, that non-residents may purchase daily permits to fish within the waters of the State of Georgia open to fishing upon exhibiting a current fishing license issued by the State of his residence and upon the payment of the sum of One Dollar ($1.00) for each day for which a permit is desired.";
and by renumbering. the present "Section 2" thereof to "Section 3."

The following amendment was read and adopted:
Mr. Langdale of Lowndes moves to amend SB 146 by adding a new section to be appropriately numbered and to read as follows: "In the event the state in which a non-resident applicant resides has no provision for a fixed non-resident fishing license fee, then such applicant shall be charged the sum of $5.25 for a non-resident fishing license."
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 104, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

Mr. McCracken of Jefferson gave notice that at the proper time he would move that the House reconsider its action in passing the bill.

5B 243. By Senator Trotter of the 37th:
A bill to be entitled an Act to provide for the creation of the office of superior court reporter emeritus, and for other purposes.

The following amendment was read and adopted:
Mr. Warren of Washington County moves to amend SB 243 by striking the words in Section 4 "without additional compensation" and substituting in lieu thereof the following: "Without additional compensation except as to civil cases and for reporting and transcribing civil cases he shall be paid the fee provided by law."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 104, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
SB 265. By Senators Willingham of the 39th and Ellard of the 31st:
A bill to be entitled an Act to amend Section 15-302 of the 1933 Code of Georgia relating to the jurisdiction of the United States over certain lands in this State, and for other purposes.

SATURDAY, FEBRUARY 9, 1952

1807

The following amendment was read and adopted:
Mr. Ray of Warren moves to amend SB 265 by inserting between the words "Defense" and "so" appearing on the sixth and seventh lines, respectively, the following: "but the State retains jurisdiction over the regulation of public utility services in any ceded territory." And by changing the period after the word "Defense" in the fifth line on page 2 to a comma and adding thereafter the following: "but the State retains jurisdiction over the regulation of public utility services in any ceded territory."
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.

SB 266. By Senators Hayes of the 14th and Williams of the 49th:
A bill to be entitled an Act to require financial statements of county officers having charge of county monies, and for other purposes.
The report 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 221. By Senators Rawls of the lOth and Williams of the 19th:
A bill to be entitled an Act to authorize officers and employees of the supreme court to become members of the retirement system, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 2.
The bill, having received the requisite constitutional majority, was passed.

SB 240. By Senators Peterson of the 16th, Grayson of the 1st, and others:
A bill to be entitled an Act to amend Section 92-3301 of the 1933 Code of Georgia so as to change the time for filing income tax returns by estates or trusts, and for other purposes.
The report 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 174. By Senator Willingham of the 39th:
A bill to be entitled an Act to provide for the recovery of necessary expenses resulting from the death of a person by crime or criminal negligence, and for other purposes.

1808

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.

SB 72. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide that errors in the marking of election ballots shall not void the entire ballot, and for other purposes.
The report 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 172. By Senator Willingham of the 39th:
A bill to be entitled an Act to amend Section 3-505 of the 1933 Code of Georgia relating to the abatement and survival of actions and causes of actions, and for other purposes.
The report 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. Twitty of Mitchell asked unanimous consent that the following resolution of the Senate be withdrawn from the Committee on State of Republic, read the second time and recommitted to the Committee on State of Republic:

SR 105. By Senator Pittman of the 53rd:
A resolution proposing that the state personnel or merit board be directed to fix compensation of state employees on a basis comparable with that of private industry, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on State of Republic, read the second time and recommitted to the Committee on State of Republic.

Mr. Baughman of Early moved that the House do now adjourn until 10 :00 o'clock Monday morning and the motion prevailed.

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

MONDAY, FEBRUARY 11, 1952

1809

Representative Hall, Atlanta, Georgia. February 11th, 1952

The House met pursuant to adjournment, this day at 10:00 o'clock A. M., and was called to order by the Speaker.

Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, 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 uncontested local bills and resolutions.
4. First reading and reference of Senate bills and resolutions.
5. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

Mr. Alverson of Fulton 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 394. Do Pass. SB 398. Do Pass. SB 401. Do Pass. SB 389. Do Pass, by substitute.
Respectfully submitted, Alverson of Fulton, Chairman.

Mr. Langdale of Lowndes County, Chairman of the Committee on Game

1810

JOURNAL OF THE HOUSE,

and Fish, submitted the following report:

Mr. Speaker: Your Committee on Game and Fish has had under consideration the follow-
ing bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 399. Do Pass. Respectfully submitted,
Langdale of Lowndes,
Chairman.

Mr. Campbell of Oconee County, Chairman of the Committee on General Agriculture #1, submitted the following report:
Mr. Speaker:
Your Committee on General Agriculture # 1 has had under consideration the
following bill and resolution of the Senate and has instructed be as Chairman, to report the same back to the House with the following recommendations:
SR 112. Do Pass. SB 230. Do Pass.
Respectfully submitted,
Campbell of Oconee, Chairman.

Mr. Barber of Colquitt 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 bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 363. Do Pass, as amended. Respectfully submitted,
Barber of Colquitt,
Chairman.

Mr. Barber of Colquitt County, Chairman of the Committee on Municipal Government, submitted the following report:
Mr. Speaker: Your Committee on Municipal Government has had under consideration the

MONDAY, FEBRUARY 11, 1952

1811

following bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 283. Do Pass. Respectfully submitted, Barber of Colquitt, 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 Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 69. Do Pass. SB 369. Do Pass.
Respectfully submitted, McCracken of Jefferson, Chairman.

Mr. McCracken of Jefferson County, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker: Your Committee on State of Republic has had under consideration the fol-
lowing bill of the Senate and has instructed me as Chairman, to report the same back to the House with the following recommendations:
SB 78. Do Not Pass. Respectfully submitted, McCracken of Jefferson, Chairman.
The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following
bills and resolutions of the Senate and House to wit:
HB 823. By Mr. Duncan of Carroll: A bill to extend the corporate city limits of the City of Carrollton three-

1812

JOURNAL OF THE HOUSE,
fourths of a mile beyond the territorial limits now fixed by law under an Act approved Aug. 18, 1908 (Ga. Laws 1908, p. 527) to include all territory lying and being within one and three-fourth miles in every direction, and for other purposes.

HB 898. By Messrs. Covington and Scoggin of Floyd:
A bill to amend an Act entitled "An Act to establish a City Court in the County of Floyd", approved Sept. 27, 1883 (Ga. Laws 1882-3, p. 535), and all Acts amendatory thereof, and for other purposes.

HB 976. By Messrs. Langdale and Register of Lowndes:
A bill to amend an Act creating the City Court of Valdosta (Ga. Laws 1901, p. 176 et seq.), as amended, so that all provisions of such Act and of those amendatory thereof pertaining to matters of service, pleading and practice, insofar as the same are consistent with the Rules of procedure, pleading and practice in Civil Actions adopted by the Supreme Court Jan. 12, 1946, be repealed, and for other purposes.
HB 986. By Messrs. Vandiver and Wood of Bibb:
A bill to amend an Act approved Feb. 25, 1949 entitled "An Act to provide a pension and/or retirement plan and fund for county employees and/or officers of Bibb County, Georgia, also defining the words, terms and phrases of said Act; fixing a scale of contributions by the persons covered by said Act and by the County of Bibb, and for other purposes.
HB 997. By Messrs. Smith and Edenfield of Emanuel:
A bill to amend an Act entitled "An Act to abolish the office of tax receiver and tax collector of Emanuel County, Georgia; to create the office of tax commissioner of Emanuel County, Georgia; to fix the term and compensation of said officer, and for other purposes.

HB 999. By Messrs. Barber and Short of Colquitt:
A bill to amend an Act approved March 3, 1943 (Ga. Laws 1943, p. 1458) and all Acts amendatory thereof, which Act established a new Charter for the City of Moultrie in Colquitt County, so as to provide that a voter registered in accordance with registration laws of said City shall not also be required to be registered with the County Tax Collector, and for other purposes.
HB 1001. By Messrs. Bell and McWhorter of DeKalb:
A bill to amend the Act of 1935, approved March 28, 1935, found in Georgia Laws of 1935, pages 976 to 994, inclusive, creating a new charter for the City of Chamblee, to extend the jurisdiction of the City of Chamblee; for improving county roads and streets within said municipality, and for other purposes.

HB 1002. By Messrs. Bolton and Harper of Spalding: A bill to repeal an Act approved Feb. 19, 1951 (Ga. Laws 1951, p.

MONDAY, FEBRUARY 11, 1952

1813

263) entitled "An Act to fix the compensation of the Chairman and the members of the board of education in all the counties of this State having a population not less than 28,427 and not more than 28,437, according to the 1940 census, etc.; to provide compensation of chairman and members of the board of education in counties having a population not less than 31,000 and not more than 32,000 according to U. S. Census 1950.

HB 1007. By Messrs. Perkins and Duncan of Carroll:
A bill to amend an Act approved March 19, 1943 (Ga. Laws 1943, p. 480), and any Acts amendatory thereof, which Act provided the hours of opening and closing polling places within this State, to provide that in Counties of at least 34,000 and not more than 34,200 according to U. S. Census of 1950 or any future U. S. Census, polls shall open at 7 o'clock A. M. and close at 7 o'clock P. M., and for other purposes.

HR 181'. By Mr. Pickett of Pickens:
A resolution authorizing the State Librarian to furnish to the Superior Court of Pickens County for the use of its library full sets of the official Reports of the Court of Appeals and of the Supreme Court of Georgia.

HR 223. By Messrs. Bell and Graham of Richmond:
A resolution that the State Librarian is hereby authorized and directed to furnish to the Superior Court of Richmond County, Georgia, without cost to said County except for the payment of transportation charges, certain specified volumes of Georgia Reports and Georgia Appeal Reports.
HR 249. By Mr. Mangum of Columbia:
A resolution to create "Mistletoe State Park" to provide for licensing and expenditures of funds; and for other purposes.
HR 265. By Messrs. Carr and Britton of Whitfield: A resolution authorizing and directing the State Librarian to furnish the Clerk of the Superior Court of Whitfield County, complete set of Georgia Reports and Georgia Appeals Reports, and for other purposes.
The Senate has read and adopted the following resolutions of the House and Senate:
HR 300. By Messrs. Duncan and Perkins of Carroll, and Waldrop of Douglas:
A resolution proposing that State Highway No. 166 be named and designated as the "Talmadge Memorial Highway" in honor of the memory of the Honorable Eugene Talmadge, late Governor of the State of Georgia, and for other purposes.
HR 303. By Messrs. Hand and Twitty of Mitchell, and others:
A resolution urging the Board of Regents, the State Board of Educa-

1814

JOURNAL OF THE HOUSE,

tion, and the State School Superintendent to require that United States history, geography and civics be taught one year course in high schools, and one year course in all State colleges.

SR 117. By Senator Willingham of the 39th:
A resolution requesting an extension of time for the members of the General Assembly for filing State Income Tax Returns.

SR 118. By Senator Willingham of the 39th:
A resolution requesting an extension of time for the members of the General Assembly for filing Federal Income Tax Returns.

SR 123. By Senator Millican of 52nd: A resolution to provide photographs of House and Senate members.

SR 124. By Senators Hawes of the 30th, Blalock of the 26th, Millican of the 52nd and Edenfield of the 2nd:
A resolution by the Senate, the House of Representatives concurring, that a committee of seven (7) be appointed to make a study of the assessing laws and administrative procedures for the registration of automobiles, and for other purposes.
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following bills of the House to wit:

HB 962. By Messrs. Alverson, H. Smith and M. Smith of Fulton:
A bill to amend the Charter of the City of Atlanta so as to authorize the use of a Seal by the Mayor.
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following bill and resolution of the House to wit:

HB 659. By Messrs. Dicus of Muscogee, M. Smith, H. Smith and Alverson of Fulton, Gardner of Dougherty:
A bill. to amend an Act known as the "Uniform Narcotic Drug Act", approved March 24, 1935 (Ga. Laws 1935, p. 418), as amended, so as to change the penalty provisions; to repeal conflicting laws, and for other purposes.

HR 160. By Mr. Murphy of Haralson: A resolution furnishing Haralson County, Georgia, Supreme Court Reports and Georgia Appeals Reports, and for other purposes.
Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority

MONDAY, FEBRUARY 11, 1952 the following resolutions of the House to wit:

1815

HR 250. By Messrs. McWhorter, Mackay and Bell of DeKalb and others:
A resolution that the Governor shall be authorized to make available funds for the acquisition of the site of said Park and sufficient land to encompass the area included in said Plan of Development for the Confederate Memorial Park which shall be payable from any lawful funds in the Treasury of Georgia, and for other purposes.
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following bill of the House to wit:

HB 710. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, Ray of Warren, and many others:
A bill to amend an Act approved Feb. 21, 1951 entitled "General Appropriations Act" (Ga. Laws 1951, pp. 417-444) so as to provide an Appropriation of $5,000,000.00 for each fiscal year for emergency capital outlay expenditures in establishing and maintaining a system of common schools and for other purposes.
Mr. Speaker:
The Senate has adopted, by substitute, by the requisite constitutional majority the following resolution of the House to wit:
HR 178. By Messrs. Hand and Twitty of Mitchell and others:
A resolution proposing to the qualified voters of the State of Georgia an Amendment to the Constitution of the State of Georgia by adding to Paragraph IV of Section IX of Article VII a new subparagraph to provide for the appropriation of funds for capital outlay expenditures in establishing and maintaining a system of common schools.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the House to wit:
HB 326. By Messrs. Herrin of Echols, Greer of Lanier and others:
A bill to provide for the installation of head and rear lights on track motor cars operated by common carriers; to authorize the Public Service Commission to promulgate rules and regulations concerning same, and for other purposes.

By unanimous consent, the following bills and resolution of the Senate, favorably reported, were read the second time:
SB 69. By Senators Mavity of the 44th and Rawls of the lOth: A bill to be entitled an Act to amend an Act so as to provide a sub-

1816

JOURNAL OF THE HOUSE,
sistence allowance to the Director of Corrections, and for other purposes.

SB 230. By Senator Pittman of the 53rd:
A bill to be entitled an Act to amend Section 62-301 of the 1933 Code of Georgia so as to change the appraisal value of estray livestock, and for other purposes.

SB 369. By Senator Pittman of the 53rd:
A bill to be entitled an Act to amend an Act so as to provide the time for the sale of property levied upon by the state revenue commissioner, and for other purposes.

SB 394. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide for reinstatement of members of the pension system of Fulton County, and for other purposes.
SB 398. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to change the time for holding elections in certain counties, and for other purposes.
SB 399. By Senator Edenfield of the 2nd:
A bill to be entitled an Act to amend Section 45-811 of the 1933 Code of Georgia so as to provide for the taking of oysters by dredge in certain COJ!.nties, and for other purposes.
SB 401. By Senator Williams of the 47th:
A bill to be entitled an Act to amend an Act so as to change the amount of the principal sum for civU suits in the city court of Statesboro, and for other purposes.
SR 112. By Senators Hayes of the 14th, Dunn of the 48th, and Williams of the 49th:
A resolution providing for the appointment of a committee to study the livestock and seed industries, and for other purposes.

By unanimous consent, the following bills of the Senate were taken up for consideration and read the third time:
SB 389. By Senator Millican of the 52nd: A bill to be entitled an Act to create a joint city-county board of tax assessors in certain counties, and for other purposes.
The following committee substitute was read and adopted: Messrs. H. Smith, M. Smith and Luther Alverson move to amend SB 389 by

MONDAY, FEBRUARY 11, 1952

1817

striking all the caption and sections thereof and substituting the attached bill in lieu thereof.
AN ACT
To be entitled an Act to create a Joint City-County Board of Tax Assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States Census, and to define its powers and duties; to create a Board of Tax appeals and Equalization and to define its powers and duties; to provide for the expenses of said boards to be paid by the county and the city; to provide that this Act shall not extend to property which under the general laws of the state must be returned to the State Revenue Commissioner; to require the county to furnish necessa1y office space; 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, as follows:
SECTION 1. Definitions. These terms when used in this Act, shall have the following definitions unless a different meaning clearly appears from the context:
"City" shall mean the largest municipality located completely or in part in any county to which this Act shall be applicable.
"County" shall mean any county in this State having within its boundaries all or the greater part of the population of a city or municipality with a population of 300,000 or more, according to the United States Census of 1950 or any future United States Census.
"Commissioners" shall mean the commissioners of roads and revenues of any county to which this Act shall be applicable or the governing authority of any such county have no commissioners of roads and revenues.
"Governing Body" in the case of a city shall mean the mayor and council, or other governing body of the city.
"Appeal Board" shall mean the Board of Tax Appeals and Equalization.
SECTION 2. There is hereby created a Joint City-County Board of Tax Assessors for the entire territorial area of the city, and the county. Said Board of Tax Assessors shall consist of 7 members, 4 of whom shall be elected by the governing body of the city and shall be citizens of the city. The remaining 3 members shall be elected by the commissioners who shall be residents of the county and may reside within the territorial limits of any city located wholly or partly therein. The members of the Board of Tax Assessors of the city and of the county at the time of the effective date of this Act shall be and become members of the Joint Board created by this Act and shall serve out the respective terms for which they or either of them have been elected and until their successors are duly elected and qualified. The terms of office thereafter shall be 6 years. Should there be more as sessors either in the county or the city on the effective date of this Act, than required for the organization of the joint board herein creat-

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ed, the governing authority of the political subdivision having the extra assessor or assessors, shall designate the ones to serve on the joint board, and should there be an insufficient number. The governing authorities of the political subdivision affected shall elect an assessor or assessors to supply the deficiency, said assessors to serve for a term of 6 years.
SECTION 3. Successors to the county members shall be chosen by the commissioners and successors to the city members of said board shall be elected by the governing authority of the city. Each member shall serve until his successor is duly elected and has qualified unless he becomes disqualified during his term of office or he is removed at an earlier date, in which event the governing authority electing the member shall elect a successor to complete his term.
SECTION 4. Said members shall give their full time to the duties of the office and shall hold no other public office or position except that one of those elected by the governing authority of the city and one of those elected by the governing authority of the county may be members of the Joint City-County Board of Tax Appeals and Equalizations created by this Act.
SECTION 5. Said Joint board of tax assesors shall have all the duties, powers and authority given to county tax assessors in Chapter 92-69, Code of Georgia, as amended, in carrying out the purposes of this Act.
SECTION 6. It shall be the function and the duty of said Joint Board of Tax Assessors to fix the value of all property located within the city for city tax purposes and the value of all property located in the county for all State, County and School Tax purposes. They shall prepare and keep tax maps and other tax records, adopt and amend such rules and regulations as will establish an equitable and scientific system of assessing property for taxation; shall give notices of assessments as provided by law and perform any and all other duties relating to the assessment of taxable property as may be appropriate and necessary.
Section 7. Said Board of Tax Assessors_ shall adopt rules for the transaction of its business. At its organization meeting, one of the members of said Board shall be elected Chairman and another ViceChairman.
SECTION 8. The employees required for the efficient operation of the office shall be supplied by the City and the County in the same ratio as the assessors, that is 4/7ths of the employees shall be supplied by the City and 3!7ths by the County. Such employees shall be selected by the Joint Board and preference shall be given to existing employees of the political subdivisions then assigned to similar duties. The employees provided by the City or: by the County shall be subject to any existing Civil Service rules and regulations of the political subdivision providing the employees may be removed by said Board, subject to review under Civil Service rules and regulations applicable to employees of the political subdivisions providing them. Such employees shall be entitled to all the rights, privileges and benefits provided for employees of the City or of the County respectively.
SECTION 9. The members of the Joint Board of Tax Assessors

MONDAY, FEBRUARY 11, 1952

1819

shall be paid as compensation for their services the sum of $9,000.00 per annum, which sum shall be divided into monthly or semi-monthly payments as the governing authority may provide. The compensation of the city members shall be paid by the city and the compensation of the county members shall be paid by the county. Payments shall be made upon vouchers submitted to the fiscal authorities of the county or city by the respective members of the board. The compensation of the city employees of the board shall be paid by the City and the compensation of the county employees shall be paid by the county.
SECTION 10. If the Joint Board of Tax Assessors finds that any taxpayer has failed to return his property or has omitted from the return any property that should have been returned or has undervalued any property, said board shall have all the powers with respect to such returns provided by general law for the county board of tax assessors and shall proceed as therein provided to require correct returns.
SECTION 11. There is hereby created a Board of Tax Appeals and Equalization to consist of 7 members. 2 of the members of this board shall be members of the Joint Board of Assessors. One of these shall be a county member to be elected by the commissioners and the other a city member to be elected by the governing authority of the city. The governing authority of the city shall elect 3 members who shall be citizens of the city and the governing authority of the county shall elect 2 members who shall be citizens of the county and may reside anywhere in the county.
SECTION 12. The Appeal Board shall organize on January 1st or as soon thereafter as practicable after the effective date of this Act and shall elect one member Chairman and another as Vice-Chairman.
SECTION 13. The terms of the members of said board shall be 2 years and they shall serve until their successors are elected and qualified or until they shall vacate their office or be removed for cause in which event the governing authority electing the member shall elect a successor to complete the term thus vacated.
SECTION 14. Each member of said board, except the members who are assessors shall be at least 35 years of age and shall hold no other remunerated public office. Each member of any such Appeal Board, except the assessors, shall receive $25.00 per day while actually engaged in the business of said Board, which shall be paid by the authority electing the member upon vouchers to be presented by the Joint Board of Tax Assessors.
SECTION 15. Funds required by the Joint Board of Tax Assessors and the Board of Tax Appeals and Equalization shall be provided by the City and the County in the same ratio as the membership of the Joint Board of Tax Assessors, namely, 4/7ths by the City and 3/7ths by the County. The Joint Board of Assessors shall, during the month of January each year, submit to the governing authorities of the City and the County a Budget, setting forth in detail anticipated expenses of the Board during the year and the governing authorities of the County and the City shall appropriate sufficient funds to meet these requirements. The Budget shall be subject to approval by the governing authorities of the City and the County.

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SECTION 16. Any taxpayer feeling aggrieved at the assessment of his or her real or personal property may file a petition with the Appeal Board, setting forth under oath all the property, real and personal, owned by said taxpayer and subject to taxation by the City or by the county, setting forth in said petition the true fair market value of all such property as well as giving the assessment thereon by the Board of Tax Assessors. Upon receipt of such petition, the said Board shall fix a date for the hearing thereon after giving notice of the time and place of such hearing to the petitioner, as well as to the tax assessors or other persons whom said Appeal Board desires to be present. At the time and place fixed for the hearing, the Appeal Board shall investigate all of the facts relating to the said taxpayer's return and shall hear such relevant evidence as may be presented to the said Board and after such investigation and hearing shall order same reduced or raised or approved as the said Board may find to be just, fair and reasonable and shall thereupon notify the Board of Assessors and the taxpayer of such findings. The notices herein required to be given may be served by mailing a copy thereof to the last known address of the taxpayer and by furnishing a copy thereof to the Board of Tax Assessors. Such value shall be final unless the taxpayer, shall within 20 days, institute appropriate proceedings in equity in the Superior Court of the County on the claim that the assessment is excessive or that the property is exempt from taxation under the laws of the State of Georgia. The provisions for review herein set forth shall be in lieu of any arbitration or other review provided by law.
SECTION 17. The Appeal Board shall have authority to issue subpoenas for the attendance of witnesses and to issue subpoenas duces tecum for the production of any documents, papers or books for the purpose of ascertaining the correctness of any tax return. These subpoenas shall be served by the Sheriff of the county or the Marshal of the city. Any person who shall refuse to appear and testify or to produce any relevant documents shall be cited to appear before the Judge of the Superior Court of the county who shall have jurisdiction by appropriate process to compel such testimony or production of books, papers or other data.
SECTION 18. The Joint Board of Tax Assessors, for the purpose of ascertaining the correctness of any return under this or any prior law, or for the purpose of making a return where none has been made, is hereby authorized, by agent or employees of their office, to examine any books, papers, records or memorandum bearing upon any matter required to be included in the return.
SECTION 19. The power of the Joint Board of Tax Assessors to assess property for taxation and the Appeal Board to review assessments shall not be held to extend to any property which must be returned to the State Revenue Commissioner.
SECTION 20. This act is enacted pursuant to the terms and provisions of a certain amendment to the Constitution of Georgia, as amended, proposed by the General Assembly of Georgia of 1952 to the qualified voters of the State of Georgia for vote at the general election of 1952, which amendment gives to the General Assembly the power and authority to enact such provisions; and this Act shall become effective only if said amendment shall be ratified and adopted at said

MONDAY, FEBRUARY 11, 1952

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general election of 1952 as provided by law, and if so ratified and adopted, this Act shall become effective January 1, 1953, with respect to counties and cities now having the required population and with respect to counties and cities subsequently corning within the required population, it shall be effective on the first day of January following the publication of the official census of the United States showing such population. With respect to counties and cities subsequently corning under this act, the time fixed herein for any action by the governing authority of such city or county shall be taken promptly after the determination of the population qualification.
SECTION 21. The governing authorities of the county shall furnish adequate space at the Court House for the Boards herein created which shall be conveniently located for use by the public.
SECTION 22. All laws and parts of laws in conflict herewith are hereby repealed with this proviso: If this act shall be held unconstitutional, then the repeal of existing laws shall not be affective and all such laws shall remain in effect as fully as though this act had not been passed.
The report of the committee, which was favorable to the passage of the bill, by substitute, was agreed to.
On the passage of the bill, by substitute, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

SB 390. By Senator Mallory of the 25th:
A bill to be entitled an Act to amend an Act so as to change the compensation of the members of the board of commissioners of roads and revenues of Harris 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.

Mr. Gowen of Glynn moved that the House reconsider its action in passing the following bill of the Senate:

SB 294. By Senators Edenfield of the 2nd and Gould of the 4th:
A bill to be entitled an Act to provide for the control of wild life found in streams, and for other purposes.
The motion to reconsider prevailed, and the bill was placed at the foot of the calendar following SB 392.

By unanimous consent, the Clerk was directed to make corrections of certain typographical errors contained in the following bills of the House:
HB 73L By Messrs. Lovett and Hadden of Laurens:

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A bill to be entitled an Act to place the Clerk of the Superior Court of Laurens County on a salary basis, and for other purposes.

HB 735. By Messrs. Lovett and Hadden of Laurens:
A bill to be entitled an Act to place the Sheriff of Laurens County on a salary basis, and for other purposes.

HB 785. By Messrs. Abney and Campbell of Walker, and others:
A bill to be entitled an Act to authorize the trustees of any charitable trust to contract with any hospital authority, and for other purposes.

Mr. Alverson of Fulton moved that the House reconsider its action in passing the following bill of the Senate:

SB 146. By Senator Edenfield of the 2nd:
A bill to be entitled an Act to amend an Act relating to the manner of filing application to obtain hunting licenses, and for other purposes.
The motion to reconsider prevailed, and the bill was placed at the foot of the calendar following SB 392.

Mr. Alverson of Fulton asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government.

SB 328. By Senator Millican of the 52nd:
A bill to be entitled an Act to provide for the establishment of a commission to study pension provisions for certain counties, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on Municipal Government, read the second time and recommitted to the Committee on Municipal Government.

Mr. Gowen of Glynn asked unanimous consent that the following bill of the Senate be withdrawn from the Committee on General Judiciary # 1, read the second time and recommitted to the Committee on General Judiciary # 1 :

SB 370. By Senator Connell of the 6th:
A bill to be entitled an Act to amend an Act relating to the domestication of foreign corporations, and for other purposes.
The unanimous consent request was granted and the bill was withdrawn from the Committee on General Judiciary #1, read the second time and recommitted to the Committee on General Judiciary #1.

The following bills and resolutions of the House were taken up for the purpose of considering the Senate amendments and substitutes thereto:
HR 177-755d. By Messrs. Freeman of Monroe, Twitty of Mitchell, and Smith of Emanuel:

MONDAY, FEBRUARY 11, 1952

1823

A resolution authorizing the placing of a bust of Alexander Hamilton Stephens in the State Hall of Fame of Virginia, and for other purposes.

The following Senate amendment to HR 177-755d was read: Senator Williams of the 19th District moves to amend HR 177-755d by:
Striking therefrom the 6th paragraph in its entirety and substituting in lieu thereof the following:
"Be it further resolved that a committee be appointed, composed of three members of the House of Representatives and two members of the Senate, and said committee is hereby empowered and directed to ascertain the various types and descriptions of the aforesaid marble bust and to investigate the costs of obtaining such bust along with the person or persons to sculpture such bust and said committee is directed to turn over this information to the Department of Archives of the State of Georgia in order that they might contract with the proper person or persons for the making and placing of the aforesaid bust of Alexander Hamilton Stephens in the aforesaid niche in the State Hall of Fame of Virginia set apart for that purpose. Provided, however, that the contract price shall not exceed the sum of Five Thousand ($5,000.00) Dollars.
Mr. Freeman of Monroe moved that the House agree to the Senate amendment to HR 177-755d.
On the motion, the ayes were 106, nays 0.
The Senate amendment was agreed to.

HB 876. By Mr. Waldrop of Douglas:
A bill to be entitled an Act to am~nd an Act so as to create a threemember board of commissioners of roads and revenues of Douglas County, and for other purposes.
The following Senate amendment to HB 876 was read:
Senator Willingham of the 39th Senatorial District moves to amend HB 876 by striking the words "two years" from Section 4 thereof and substituting therefor the words "four years"; and by striking the figures and symbols "$1,200.00" from Section 7 thereof and substituting therefor the figures and symbols "$1,000.00".
Mr. Waldrop of Douglas moved that the House agree to the Senate amendment to HB 876.
On the motion, the ayes were 103, nays 0.
The Senate amendment was agreed to.

HR 160-708d. By Mr. Murphy of Haralson: A resolution requesting the state librarian to furnish certain law books to Haralson County, and for other purposes.
The following ~enate substitute to HR 160-708d was read:

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A RESOLUTION
WHEREAS the majority of Georgia Supreme Court Reports and the Georgia Appeals Reports belonging to Haralson County has been lost or destroyed; and
WHEREAS such books are necessary for said county to transact its business and that of the State:
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, the Senate concurring, that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Haralson County, Georgia the following volumes of the Georgia Supreme Court Reports: Numbers 2, 3, 4, 8, 14, 17, 20, 21, 22, 23, 24, 26, 31, 33, 35, 36, 40, 41, 42, 43, 46, 50, 51, 52, 55, 58, 60, 61, 62,63, 65,68, 69,73,76,77,7~79,88,89,94, 109,114,120, 12~ 128, 130, 137, 142, 144, 145, 146, 149, 150, 157, 164, 165, 166, 169, 170, 189, 194, 198, 200. And the following Georgia Court of Appeals Reports: Numbers 1, 4, 5, 10, 11, 12, 20, 21, 28, 29, 42, 51, 54, 62, 63, 68, 69, 78, 81, without cost to said county except for payment of packing and transportation charges, said books to be used by the courts and the officials of said county.
BE IT FURTHER RESOLVED, that 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 Treasury for the amount required to purchase said books as set out above.
Mr. Murphy of Haralson moved that the House agree to the Senate substitute to HR 160-708d.
On the motion, the ayes were 112, nays 0.
The Senate substitute was agreed to.

HB 990. By Messrs. Holley, Graham, and Bell of Richmond:
A bill to be entitled an Act to create the Augusta-Richmond County Building Authority, and for other purposes.
The following Senate amendment to HB 990 was read:
Senator Coleman of the 18th moves to amend HB 990, by adding the following language after the word "Augusta" and between the word "one" in line 6 of Section 2, "or a City Councilman of the City Council of Augusta," and by striking the following language after the word "be" and between the word "Commissioners" in line 8 of Section 2 "the chairman of the" and inserting in lieu thereof the following language "a member of the Board of Commissioners of Roads and Revenues of Richmond County, Georgia."
Mr. Bell of Richmond moved that the House agree to the Senate amendment to HB 990.
On the motion, the ayes were 112, nays 0.
The Senate amendment was agreed to.

HB 885. By Messrs. Ray of Warren, Smith of Fulton, and others:

MONDAY, FEBRUARY 11, 1952

1825

A bill to be entitled an Act to amend an Act so as to legalize the use of direction lights on automobiles, and for other purposes.

The following Senate amendment to HB 885 was read:
Committee on General Judiciary moves to amend HB 885 as follows: by striking sub-section F as written and substitute in lieu thereof the following:
"(f). An operator intending to start, to stop, or to turn his vehicle to the left or right shall extend the hand and arm from and beyond the left side of the vehicle in the following manner and such signals shall indicate as follows:
1. Left turn-Hand and arm extended horizontally.
2. Right turn-Hand and arm extended upward.
3. Stop or decrease speed-Hand and arm extended downward.
Provided, however, that any motor vehicle with a blinker light attached thereto in the front and rear of said motor vehicle and on both sides thereof, may use said blinker light in lieu of the arm signal in indicating the direction that the driver of said motor vehicle intends to turn. Failure to give the arm signal or to blink the lights on the side of the vehicle in the direction that the driver of said vehicle intends to turn shall be negligence."
Mr. Ray of Warren moved that the House agree to the Senate amendment to HB 885.
On the motion, the ayes were 110, nays 0.
The Senate amendment was agreed to.

The following resolutions were read and adopted:

HR 315. By Messrs. Hand and Twitty of Mitchell, Ray of Warren, ana Smith of Emanuel:
A RESOLUTION
WHEREAS, the great sovereign State of Georgia is steeped in the priceless heritage of Southern tradition and culture, and
WHEREAS, Georgia has always been, and will always continue to be, the recognized, acknowledged and foremost exponent of that eternally graceful mode of existence known as the "Southern Way of Life", and
WHEREAS, though we have often been chided and sometimes condemned for our way of life, we remain calm and serene, secure in the knowledge that those who chide and condemn, do so from jealousy, knowing that they can never achieve, through whatever means available to them, those things constituting our way of life, which because of our heritage, Georgians exhibit unconsciously and with no false pretense of superiority, and
WHEREAS, the beautiful homes in this State act as the material, physical exemplification of the true South, and our magnificent capital City of Atlanta is noted as the "City of Beautiful Homes" and its resi-

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dential section is a show place and a mecca for visitors from all over the world, and
WHEREAS, above all, the residence of the Chief Executive of the State should portray and reflect the charm, the hospitality and the graciousness of the "Southern Way of Life" and should be a true Southern Colonial home instead of the cold, grey, austere, medieval structure constituting the Governor's Mansion as it now exists, and
WHEREAS, the building of a Mansion of Southern Colonial style would be of great benefit to the State and would be a thing of joy and beauty forever to which the citizens of Georgia could point with justifiable pride.
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives, that the State Properties Commission is hereby directed to make a survey of the problems involved in the construction of a new Governor's Mansion of Southern Colonial style, and make a report to the next session of the General Assembly. This report shall contain recommendations as to possible building sites, if the present one is not desirable, the estimated cost involved and any pertinent information which would be of benefit to the members of the General Assembly concerning the building of the new Mansion.

HR 316. By Messrs. Johnson of Hall, Nightingale of Glynn, and others:

A RESOLUTION
WHEREAS, the methods of taxing Banks, Savings and Loan Associations and other financial institutions in Georgia differ to the extent of creating confusion, misunderstanding and inequities; and
WHEREAS, separate Bills have been introduced into the current session of the General Assembly to place both Banks and Savings and Loan Associations under the income tax laws of this State; and
WHEREAS, a uniform and equitable system of taxation among financial institutions on an income basis would be beneficial to the State, the municipalities and counties in which they operate and to the taxpaying institutions involved;
NOW THEREFORE BE IT RESOLVED by the House of Representative, the Senate concurring, that the Governor be and is hereby authorized to appoint a Commission of five, consisting of one representative of the Banks, one representative of the Savings and Loan Associations, two members of the House and one of the Senate, together with the Revenue Commissioner or his designated representative as Ex-officio member, to study the question of taxation of Banks, Savings and Loan Associations and other financial institutions for the purpose of devising a uniform and equitable system of taxation for such institutions on an income basis; and
BE IT FURTHER RESOLVED that such Commission be and is hereby directed to submit to the 1953 Session of the General Assembly a Bill to effect the enactment of such income tax program for Banks, Savings and Loan Associations and other financial institutions to be effective on income for the Calendar Year 1953 or the fiscal year beginning in 1953.

MONDAY, FEBRUARY 11, 1952

1827

Under the regular -order of business, the following bills of the Senate were taken up for consideration and read the third time:

SB 222. By Senator Rawls of the lOth:
A bill to be entitled an Act to require each county welfare board to keep a file or roll book, and for other purposes.
The report 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.

SB 223. By Senator Rawls of the lOth:
A bill to be entitled an Act to amend an Act so as to require applicants for aid to dependent children to give the name and address of a bastard's sire, and for other purposes.
The. report 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 5.
The bill, having received the requisite constitutional majority, was passed.

SB 232. By Senators Rawls of the lOth and Connell of the 6th:
A bill to be entitled an Act to amend an Act so as to provide for the designation of an optometrist to examine applicants for benefits under the aid to the bilnd act, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 113, nays 4.
The bill, having received the requisite constitutional majority, was passed.

SB 251. By Senators Stephens of the 50th and Ellard of the 31st:
A bill to be entitled an Act to amend an Act constituting the Income Tax Act of 1931, and for other purposes.
The following amendment was read and adopted:
By Mr. Campbell of Oconee:
That SB 251 be and is hereby amended as follows:
1. That wherever the figure "$400" appears in SB 251 that that figure be eliminated and that the figure "$500" be substituted therefor at each and every place.
2. That Section 3 of SB 251 be deleted in its entirety providing medical care deductions and exemptions and maximum therefor and that Section 4 be changed to Section 3, Section 5 to Section 4, Section 6 to Section 5, and Section 7 to Section 6.

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That SB 251 be and is thereby amended as follows:
That wherever the figure "$400" appears in the title of the bill that that figure be eliminated and that the figure "$500" be substituted therefor and that all references to deductions and maximum for "medical care" in the title be deleted therefrom.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 119, nays 1.
The bill, having received the requisite constitution majority, was passed, as amended.

SB 278. By Senators Williams of the 19th and Trotter of the 37th:
A bill to be entitled an Act to provide for the priority of claims to fines imposed in criminal cases, and for other purposes.

The following committee amendment was read and adopted:
The Committee moves to amend SB 278 as follows:
By adding a new section to be numbered Section 2, before the repealing clause to read as follows:
"Provided that nothing contained in this Act shall in any way affect the fines and forfeitures of any court whose officers are on salaries and where such fines and forfeitures go to the county treasury."
and to number the repealing clause as Section 3.
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 111, nays 2.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 252. By Senators Rawls of the lOth and Lancaster of the 28th:
A bill to be entitled an Act to amend an Act so as to exempt from taxation gasoline used in airplanes, and for other purposes. Mr. Nightingale of Glynn moved that the bill be tabled.
The motion prevailed and the bill was tabled.

The following resolution of the House was taken up for the purpose of considering the Senate substitute thereto:

HR 250-928b. By Messrs. McWhorter, Mackay, and Bell of DeKalb, and others:
A resolution authorizing the purchase of certain lands for the Confederate Memorial Park, and for other purposes.

The following Senate subEtitute to HR 250-928b was read:

MONDAY, FEBRUARY 11, 1952

1829

By Senators Millican of the 52nd and Duncan of the 34th:

A RESOLUTION
WHEREAS, the opportunity to perpetuate the glorious traditions of the southland and to commemorate forever the valor and unmeasured sacrifice of the men and women of the Confederacy is offered in the Plan of Development of a Confederate Memorial Park at Stone Mountain submitted by the State Park Authority, and
WHEREAS, the scarred and neglected face of the mountain constituting a confession of failure on the part of Georgia would be removed by the completion of the Memorial contemplated in said plan, and
WHEREAS, the Plan provides not only a program which will eventually attract thousands of tourists to view this tremendous monolith, and the monument to be carved thereon, but will also afford to Georgia a large and ideally located park with recreational and educational facilities to enrich the lives of and bring health and happiness to all future generations, and
WHEREAS, the cost of developing the Park area including the erection of a means of access to the summit of the mountain and the carving of the Confederate Memorial can be met entirely from selfliquidating revenue certificates, and
WHEREAS, an immediate start on the project can be made because no appreciable quantity of critical material will be required and approval of the Department of Commerce has already been obtained, and
WHEREAS, the lack of funds with which to acquire title to this site is the only obstacle standing in the way of the immediate development of this commemorative shrine which will perpetuate, in the memories of all who follow us, the fortitude and the unconquerable spirit of our forefathers,
NOW, THEREFORE, BE IT RESOLVED by the Senate, the House of Representatives concurring, that the Budget Bureau is hereby authorized to allot the funds necessary for the acquisition of the site of said park and sufficient land to encompass the area included in said plan of development for the Confederate Memorial Park, provided that the purchase price is approved by the State Properties Commission as provided by law.
Mr. McWhorter of DeKalb moved that the House agree to the Senate substitute to HR 250-928b.
On the motion, the ayes were 132, nays 0.
The Senate substitute was agreed to.

Under the regular order of business, the following bills of the Senate were taken up for consideration and read the third time:
8B 260. By Senator Rawls of the lOth:
A bill to be entitled an Act to amend an Act so as to bring certain departments under the merit system, and for other purposes.

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The following amendments were read and adopted:
Messrs. Gowen of Glynn and Twitty of Mitchell move to amend SB 260 by adding a new section to be appropriately numbered and to read as follows: "This Act shall not however apply to the maintenance employees of the State Highway Department of Georgia, and such maintenance employees of said department shall not be under the merit system."

Kidd of Baldwin, moves to amend SB 260:
Add between Sub-section (a) and Sub-section (b) of Section 1 the following Sub-section: (a-1) The employees of any department or agency of the State of Georgia which has not heretofore been included under the provisions of the Act approved February 4, 1943 as referred to above may petition the official or group of officials who is by law the governing head of the department or agency to give his or their assent in writing to the Governor as provided in Subsection 1 (a) above. Upon receiving such a petition duly signed by at least seventy per cent (70 o/o) of said employees, the official or group of officials shall within thirty calendar days from the date of receipt of said petition give his or their assent in writing as provided in Sub-section 1 (a) above.
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 1.
The bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Cranford of Coweta gave notice that at the proper time he would move that the House reconsider its action in passing SB 260.

SB 292. By Senators Hagan of the 17th, Mashburn of the 33rd, and others:
A bill to be entitled an Act to amend an Act so as to authorize members of the Commission on Alcoholism to travel in performing their duties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 117, nays 1.
The bill, having received the requisite constitutional majority, was passed.

SB 336. By Senator Trotter of the 37th: A bill to be entitled an Act to provide for licensing of domestic and foreign insurance companies, and for other purposes.
An amendment offered by Mr. Burgamy of Sumter was lost. An amendment offered by Mr. Nightingale of Glynn was lost.
The following amendment was read and adopted: Mr. M. Smith of Fulton moves to amend SB 336 by changing the final period in Section 10 to a comma and adding thereafter the following words:

MONDAY, FEBRUARY 11, 1952

1831

"Provided, however, nothing contained in this Act shall be construed to deny to any applicant for a license the existing right to review by the courts of the Commissioner's action as now provided by law."

The following committee amendments were read and adopted:
Inserting in Section 3 thereof in the sentence, "Such application shall set forth the names and addresses of all general officers of the company, with the number of shares of capital stock of the company held by each such general officer, or by others for his benefit, and the percentage of the total capital stock of the company held by each such general officer", the word "by" and before the word "each" the words "or for", so as to make the sentence read as follows:
Such application shall set forth the names and addresses of all general officers of the company with the number of shares of capital stock of the company held by or for each such general officer." and by:
Changing in Section 5 after the word "in" and before the word "assets" the word "approved" changed to "sound", so as to make the sentence read as follows:
The Insurance Commissioner shall consider the application, and if, upon consideration of the facts set forth in the application, the financial statement of the company and such other evidence as he may require, he shall determine that the company has fully complied with the laws of Georgia regulating the business of insurance, and is satisfied that the financial statement of the company is correct, that it is maintaining proper reserves, is solvent, and has invested its reserves in sound assets, and if he is of the opinion that the company's financial condition and affairs are sound and such that its transaction of ousiness will not be hazardous to its policyholders, its creditors or the public, he shall issue a license to the company to transact business in this State.
By adding after the word "approval" in line two of Section 10 the words "of this Act."
By striking from lines six and seven of Section 6 the words "shall set forth all of the things required by this Act to be set forth in the original application, and such other information as the Insurance Commissioner may deem proper", and inserting in lieu thereof, a new sentence reading as follows:
"He may, in his discretion, require any company applying for a renewal license to furnish to him in a supplementary form attached to the application for renewal all of the things required by this Act to be set forth in the original application, and such other information as he may deem advisable to consider the application for renewal of such company's license."
By placing a period after the word "denied" where it appears in line six of section 8, and striking the words "or until notified that the Commissioner has withheld further consideration of the application because of the failure of the !!Ompany to furnish required information."
and by adding, after the words "tentative conclusion" and before the comma, in line fifteen, of Section 8, the words "and his reasons

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therefor."
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 111, nays 8.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 276. By Senators Rawls of the lOth, Connell of the 6th, and others:
A bill to be entitled an Act to amend an Act relating to membership in the teachers' retirement system, and for other purposes.
The following amendments were read and adopted:
Bell of Richmond moves to amend SB 276 by striking the word "children" where it appears in said Bill and inserting in lieu thereof the word "Child or children."
Clark of Decatur
Add to Paragraph 4
A leave of absence shall be limited to not more than three years for each child adopted.
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 2.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 315. By Senator Williams of the 19th:
A bill to be entitled an Act to amend Section 81-1001 of the Code relating to determination of sufficiency of pleadings, and for other purposes.
The report 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 bill of the House was taken from the table:
SB 252. By Senator Rawls of the lOth and Lancaster of the 28th: A bill to be entitled an Act to amend an Act so as to exempt from taxation gasoline used in airplanes, and for other purposes.
The bill was again taken up for consideration.

MONDAY, FEBRUARY 11, 1952

1833

The following amendments were read and adopted:

Brantley of Upson, Amends SB 252:

By adding after the words "refund of all the state tax on such motor fuel;" the words "except one cent and sales tax.

Mr. Nightingale moves to amend SB 252 as follows:

By striking from the first sentence in Subsection (K) of Section 1 the fol lowing words:

"Or any person who shall purchase in quantities of one hundred (100) gallons or more at any one time, and use such motor fuel in operating aircraft."

And by adding a new Section before the repealing clause, to be numbered 2 to read as follows:

"Section 2. No refunds under this Act shall be allowed for any such motor fuel sold prior to the date of approval of this Act by the Governor."

And by renumbering Section 2 as Section 3.

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

On the passage of the bill, as amended, the ayes were 114, nays 0.

The bill, having received the requisite constitutional majority, was passed,

as amended.

'

Mr. Ray of Warren asked unanimous consent that the following bills of the Senate be withdrawn from the Committee on Ways and Means, read the second time and recommitted to the Committee on Ways and Means:
SB 267. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to provide that the tax imposed upon transportation shall be limited to transportation of persons under the Sales Tax, and for other purposes.
SB 300. By Senator Rawls of the lOth:
A bill to be entitled an Act to amend an Act relating to employment Qf agents to seek out unreturned property by county Boards of Tax Assessors, and for other purposes.
The unanimous consent request was granted and the bills were withdrawn from the Committee on Ways and Means, read the second time and recommitted to the Committee on Ways and Means.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:
HB 889. By Mr. McCracken of Jefferson: A bill to be entitled an Act to amend an Act relating to the powers

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and duties of the State Highway Board, and for other purposes.

The following Senate amendment to HB 889 was read:
Highway and Public Roads Committee moves to amend HB 889 by striking the words and figures "Five Thousand 5,000" wherever they appear in the caption and bill and insert in lieu thereof the words and figures "Fifteen Hundred 1500".
Mr. McCracken of Jefferson moved that the. House disagree to the Senate amendment to HB 889.
On the motion, the ayes were 103, nays 0.
The Senate amendment was disagreed to.

The following bill of the House was taken up for the purpose of considering the unfavorable report of the committee thereon:
SB 299. By Senators Hagan of the 17th, Gould of the 4th, and Jones of the 22nd:
A bill to be entitled an Act amend an Act so as to provide that used oil shall be sold only in properly marked containers, and for other purposes.
The unfavorable report of the committee was disagreed to and the bill was read the second time.

The following bills and resolutions of the House were taken up for the purposes of considering the Senate amendments thereto:

HB 17. By Messrs. Bell of Richmond and Bennett of Barrow: A bill to be entitled an Act to amend an Act so as to provide for application for homestead exemption only once, and for other purposes.
The following Senate amendment was read:
Senator Millican of the 52nd moves to amend HB 17 as follows:
Section 1. By striking the words "and for other purposes" in the caption thereof and substituting the following words "by striking subsections 1, 2, 3, 4, 5, 6, and 7 of Code Section 92-233 and by substituting a new section defining the phrase 'occupied primarily as a dwelling', and for other purposes."
Section 2. That said bill be amended by striking Section 2 thereQf and by adding the following sections to be appropriately numbered:
"Section 2. That Section 92-233 (Ga. Laws 1937-38, Extra Session, p. 145; Ga. Laws 1943, p. 101; Ga. Laws 1945, pp. 435-436), defining the .words 'occupied primarily as a dwelling' be amended by striking subsections 1, 2, 3, 4, 5, 6 and 7 thereof, reading as follows:
' (1) Whenever used in this sub-section, the phrase "occupied primarily as a dwelling" shall mean: (1) That the applicant and members of his family occupy the property solely as a home; or

MONDAY, FEBRUARY 11, 1952

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'(2) The applicant and his family occupy a portion, 50 per cent. or more, as a dwelling and the remainder, 50 per cent. or less, is occupied by a tenant as a dwelling; or
'(3) Property used for commercial purposes or the conduct of a business shall not be classified for the purposes of this subsection as a homestead unless the business conducted or the commercial enterprise carried on is of such nature that same is customarily conducted at a place of residence. In no event shall property be exempt from taxation hereunder when a commercial enterprise requiring the services of employees is carried on on said property or when the nature of the business and the enterprise requires physical changes in the property to render same suitable for such business or enterprise.
' (4) Apartment houses shall not be exempt from taxation hereunder even though one or more apartments are occupied by the owner as a dwelling.
' (5) For the purpose of this subsection, an apartment house is defined to be a building designed or altered for occupancy as residences by three or more separate families or units.
' (6) Division of property so as to render a portion eligible for exempti<'n and a portion ineligible for exemption will be allowed when the division follows a bona fide plan in which both the land the improvements are capable of division.
' ( 7) The physical structure of any improvement shall not prevent the applicant from being eligible for a homestead exemption when the use of said property as a dwelling by the applicant and members of his family actually extends to the whole of the improvements.',
"and by substituting in lieu thereof the following provision:
' ( 1) Whenever used in this subsection the phrase "occupied primarily as a dwelling" shall mean: (1) that the applicant or members of his family occupy the property a!' a home; or (2) the applicant or members of his family occupy a portion of the property as a home; provided, that not more than one exemption may be claimed in connection with the occupancy of one building except in the case of duplex or double occupancy dwellings when .the line of division follows a natural and bona fide plan as to both land and building and the two units thus formed are separately owned and occupied.'
"Section 3. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed."
Mr. Bell of Richmond moved that the House agree to the Senate amendment to HB 17.
On the motion, the ayes were 104, nays 0.
The Senate amendment was agreed to.

HR 224-861e. By Messrs. Bell and Holley of Richmond, and others:
A resolution requesting compensation for damages to Wellington C. Cain, and for other purposes.

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The following Senate amendment was read: Committee Amendment to HR 224-861e
By striking in its entirety the following language from said bill: "Time lost from work 30 days at $14.80 per day $444.00" and
substituting in lieu of the figures of $817.50 the sum of $373.50. Mr. Bell of Richmond moved that the House agree to the Senate amendment to HR 224-861e.
On the motion, the ayes were 109, nays 1.
The Senate amendment was agreed to.

HR 225-86lf. By Messrs. Bell and Holley of Richmond, and others:
A resolution requesting compensation for damages to Henry Mack, and for other purposes.

The following Senate amendment was read:
Senator Farrar of the 42nd moves to amend HR 225-861f by adding to said resolution as follows: "Provided that the said Henry Mack shall receive said sum in full compensation for all damages arising out of said accident as against all parties concerned".
Mr. Bell of Richmond moved that the House agree to the Senate amendment to HR 225-861f.
On the motion, the ayes were 111, nays 0.
The Senate amendment was agreed to.

HB 863. By Messrs. Hand and Twitty of Mitchell, and others:
A bill to be entitled an Act to provide for the levying of an income tax on net income, and for other purposes.

The following Senate amendments to HB 86'3 were read:
Senate Finance Committee amendment to House Committee Substitute Bill No. 863.
Amend HB 863 and in particular Section 2 thereof by striking in its entirety subsection (k) (2) and the paragraphs immediately following to the end of said Section 2, and substituting in lieu thereof the following subsection (k) (2) and paragraphs immediately following so that said subsections and paragraphs when so amended shall read as follows:
"(2) If either the taxpayer or his spouse has attained the age of 65 before the close of the taxable year, (A) the amount of such expenses for the care of the taxpayer and his spouse without regard to the 5 per cent limitation, and (B) the amount by which such expenses for the care of dependents as defined in subsection 92-3106 (d) exceed 5 per cent of the gross income of the taxpayer less business expenses.
"In the case of a single person or a married person not living

MONDAY, FEBRUARY 11, 1952

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with husband or wife, or a husband or wife living with his or her spouse but not making a joint return, the maximum deduction shall be $1,250.00. In the case of a husband and wife living together and making a joint return, or if one spouse has no gross income and is not required to file a return, the maximum deduction shall be $2,500.00. In either of the above cases there shall be an additional deduction of the expenses paid for medical care of each dependent as defined in subsection 92-3106 (d), in an amount not to exceed $1,250.00 for each such dependent.
"The term "medical care" as used in this subsection, shall include amounts paid for the care, diagnosis, cure, mitigation or prevention of disease, or for the purpose of affecting any structure or function of the body, and shall include amounts paid for accident or health insurance."
Senate Finance Committee amendment to House Committee Substitute Bill No. 863 by adding a new section to be known as Section lOA-
That Section 92-3109 of the Georgia Code of 1933 as amended, which section relates to deductions allowed from gross income in the computation of net income, be further amended by adding a new subsection to be designated as Subsection (m), which will permit the allowance of certain net operating losses as a "carry-over" and "carryback", which new subsection (m) shall read as follows:
(m) In addition to other deductions allowed by this law there shall be allowed as a deduction from gross income a net operating loss carry-over or carry-back under the following rules:
(1) The net operating loss as hereinbelow defined for any year ending on or after the passage of this Act and for any succeeding taxable year may be carried back to the next preceeding taxable year, and if not completely exhausted by such carry-back may be carried over to the next succeeding taxable year and annually thereafter for a total period of five years next succeeding the year of such net operating loss, or until such net operating loss has been exhausted or absorbed by the taxable income of any succeeding year. The net operating loss deduction must be carried back and carried forward in the order named above.
(2) With respect to the first year ending on or after the passage of this Act, in the event of a net operating gain in such year there shall be allowed as a deduction the net operating loss carry-over for the two taxable years next preceeding.
(3) As used in this subsection the term "net operating loss" is hereby defined as the excess of allowable deduction over gross income for the taxable year subject to the following adjustments:
(A) There shall be added to gross income all nontaxable income, not required to be reported as gross income under the provision of this law, less any expenses properly and reasonably incurred in earning such nontaxable income, which expenses would other wise be nondeductible under this law.
(B) In the case of a taxpayer other than a corporation, deduc-

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tions, including personal exemptions and credit for dependents, not attributable to the operation of a trade or business shall be eliminated frcm the deductions otherwise allowable for the taxable year to the extent that they exceed gross income not derived from such trade or bysiness.
(C) No net operating loss deduction shall be allowed.
(D) The amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on accounts of gains from such sales or exchanges. The limitation on gains provided for in subsections (d), (e) and (f) of Section 92-311!1 of the Georgia Code as amended, shall not apply.
(E) No deduction for depreciation or depletion, which may be allowed or allowable by law or regulation, shall be allowed under this subsection if the total cost of the asset or natural resource has been recovered.
(4) In the event a taxpayer is entitled to a refund of income taxes by reason of a loss carry-back under this subsection, a claim for such refund must be filed on or before the fifteenth day of the thirtyninth month following the close of the taxable year wherein the loss was incurred, notwithstanding the provisions of Section 92-3303 of the Georgia Code as amended.
Amendment to HB 863.
Amend Section 10 Line by deleting the second sentence under Subsection (c) which begins, "Provided further, that where the entire net income of the taxpayer is not taxable by the State of Georgia, then the taxpayer may only deduct such Federal net income taxes in the same proportion that the net income taxable by the State of Georgia bears to the entire net income taxable by the Federal Government", and substituting in lieu thereof the following:
"Provided further, that where the entire net income of the taxpayer is not taxable by the State of Georgia, then the taxpayer may only deduct such Federal net income taxes in the same proportion that the net income taxable by the State of Georgia before deduction of Federal income taxes bears to the entire net income taxable by the Federal Government before deduction of State income taxes."
Mr. Ray of Warren moved that the House agree to the Senate amendments to HB 863.
On the motion, the ayes were 107, nays 0.
The Senate amendments were agreed to.

HB 962. By Messrs. Alverson, H. Smith, and M. Smith of Fulton:
A bill to be entitled an Act to amend an Act so as to authorize the use of a seal by the mayor of Atlanta, and for other purposes.

The following Senate amendment to HB 962 was read:
Senator Millican of the 52nd moves to amend HB 962 by striking therefrom Section 1 and inserting in lieu thereof the following sections:

MONDAY, FEBRUARY 11, 1952

1S39

Section 1. Effective January 1, 1954, the number of wards in the City is hereby fixed at S and defined and constituted as follows:
The First Ward shall consist of the following voting precincts as modified:
Precincts 2A, 2G, 1A, 1B, 1D, 3C, less that area bounded by the former limits of the City of Atlanta, Englewood Avenue, S. E., a projection of Cherokee Avenue, and the Atlanta and West Point Belt Line; that portion of 1E bounded by Capitol Avenue, Vanira Street, Martin Street, Haygood Avenue, Hill Street, and the Atlanta and West Point Belt Line; and, that area bounded by North Avenue, N. E., Bedford Place, Forrest Avenue, and the former boundary line of the Fifth Ward between Forrest Avenue and North Avenue.
The Second Ward shall consist of the following voting precincts:
Precincts 2B, 2C, 2D, 2E, 2F, and 6C:
The Third Ward shall consist of the following voting precincts:
Precincts 3A, 3B, 3D, 3E, 3F, 3G, 3H, SD, SF.
The Fourth Ward shall consist of the following voting precincts, as modified:
Precincts 4B, 4D, 4E, 4G, 9D, 1E less that portion included in the First Ward; that portion of 4F bounded by Avon Avenue, Westmont Road, and Richland Road; also, that portion of 4F bounded by Lawton Street, Hall Street, Richland Road, and the L. & N. Belt Line; and, that portion excluded from 1D.
The Fifth Ward shall consist of the following voting precincts:
Precincts 5A, 5B, 5C, 5D, 5G, 5E, 7C, and SB.
The Sixth Ward shall consist of the following voting precincts, as modified:
Precincts 6A, 6B, 6D, 6E, 60, 6F, 5H, 7B, and 5F less that area added to the First Ward.
The Seventh Ward shall consist of the following voting precincts, as modified:
Precincts 4A, 4C, 4H, 9A, 9C, 9B, and 4F less those portions included in the Fourth Ward.
The Eighth Ward shall consist of the following voting precincts:
Precincts 7A, SA, and SC.
Section 2. The Board of Aldermen, created by this amendment, shall have power to make changes in the ward lines designated in Section 1 of this Act at any time on or after the first Monday in January 1954, whenever it is deemed advisable to contract or extend them, for the benefit of the citizens thereof, provided that the ward lines, when rearranged, shall not be more than S wards.
Section 3. Each of the wards as herein established and, when established, shall have two Aldermen who shall be bona fide residents of the ward.

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Section 4. The Board of Aldermen and the Board of Councilmen created by this charter, as amended, are hereby abolished as of the first Monday in January, 1954, and there is created in lieu thereof a Board of Aldermen, to consist of two members from each ward, as herein established. The members of the Board of Aldermen shall be elected on the first Wednesday in December, 1953, and shall serve for a term of four years, beginning the first Monday in January, 1954, or until their successors have been duly elected and qualified. The positions shall be designated as Positions 1 and 2 in each ward and candidates for election to these positions shall designate the position for which he is a candidate. Such member must be elected by a majority vote of the qualified voters of the city.
Section 5. The Board of Aldermen, created by this Act, shall succeed to all the rights, powers and privileges vested in the Board of Aldermen and the Board of Councilmen under this charter, as amended, and as such shall have all the powers with respect to the government of the City of Atlanta conferred by this chapter, as amended, to said Board of Aldermen and said Board of Councilmen in whatever capacity acting.
Section 6. Whenever in this charter, as amended, and the ordinances passed pursuant thereto the terms "General Council", "Board of Aldermen" or "Board of Councilmen" are used the saRle shall, from and after the first Monday in January 1954, be deemed to mean and refer to "The Board of Aldermen" as created by this amendment. Members of the Board of Aldermen shall be subject to all the provisions of law of this charter applicable to Councilmen or Aldermen and shall take the same oath of office.
Section 7. Any one member of the Board of Aldermen created by this Act may give notice of a motion to reconsider any vote, resolution or ordinance having for its object the increase of the indebtedness of the City, or the expenditure of its moneys, or authorizing the sale of any part of the public property of the City, or the granting of any franchise where the streets or public alleys are to be used for any purpose in the prosecution of the business of the applicant seeking the franchise, which notice shall operate to delay the question until such motion can be acted upon at the next regular or special meeting.
Section 8. There is hereby created the office of President of the Board of Aldermen, who shall be elected at the same time and in the same manner as the Mayor, for a term of four years or until his successor has been duly elected and qualified. He shall be the presiding officer of the Board of Aldermen and as such shall have no vote on any question except in case of a tie, and shall serve on no standing committee of the Board of Aldermen. As presiding officer of that Board, he shall have all the powers heretofore conferred upon the Mayor Pro Tern. by this charter, as amended, except as herein limited. He shall receive the sum of $300.00 per month. In the event of a vacancy in the office of Mayor, he shall serve for the unexpired term of that office and shall receive the compensation fixed for the Mayor.
Section 9. There is hereby created the position of Vice-President ~f the Board of Aldermen, who shall have all the powers now conveyed to the Provisional Mayor Pro Tern. He shall be elected annually from the membership of the Board the first Monday in January, beginning

MONDAY, FEBRUARY 11, 1952

1841

in 1954. Section 10. The members of the Board of Aldermen shall be
paid a compensation of $2400.00 annually, to be divided into monthly or semi-monthly payments.
Section 11. The Board of Education of the City of Atlanta shall consist of one member from each of the eight wards of the City, who shall be a resident of the ward and in addition thereto there shall be elected one member from the City at Large. The said members shall be elected at the same time members of the Board of Aldermen are elected and shall serve a term of four years or until their successors are elected and qualified. Such members must be elected by a majority vote of the qualified voters of the City.
Section 12. The members of the Board of Education shall each receive a salary of $1800 per year, to be divided into monthly or semimonthly payments, which shall be paid by the Board of Education out of the funds allocated to them and shall be a part of the expenses of the operation of the public school system. The President of the Board of Education shall receive $50.00 per month in addition to the salary compensation fixed for members of the Board.
Section 13. The provisions of each of the preceding sections, numbered one through 12, inclusive, are effective the first Monday in January, 1954, except as otherwise provided herein.
Section 14. Effective as of ~arch 1, 1952, the salary of the Mayor of Atlanta shall be $16,000.00 per annum, payable in monthly or semi-monthly installments.
Section 15. Effective March 1, 1952, the salaries of the officials named below shall be the amount opposite the name of each:
City Attorney ------------------------------------------------------------------$12,000.00
Comptroller ---------------------------------------------------------------------- 11,000.00
Chief of Construction -------------------------------------------------------- 11,000.00
Chief of Police ------------------------------------------------------------------ 10,000.00
Chief of Fire Department ------------------------------------------------ 10,000.00
General Manager of Water Works---------------------------------- 10,000.00
Sanitary Engineer ------------------------------------------------------------ 10,000.00
First Assistant Sanitary Engineer ---------------------------------- 6,500.00
Director of Personnel -------------------------------------------------------- 10,000.00
Airport Manager -------------------------------------------------------------- 9,000.09
Director of Public Library ---------------------------------------------- 9,000.00
Planning Engineer -------------------------------------------------------------- 9,000.00
City Traffic Engineer -------------------------------------------------------- 9,000.00
Tax Assessors -------------------------------------------------------------------- 9,000.00
Municipal Revenue Collector ------------------------------------------ 9,000.00

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Superintendent of Electrical Affairs -------------------------------- 8,400.00
City Clerk -------------------------------------------------------------------------- 8,400.00
General Manager of Parks ------------------------------------------------ 8,400.00
Purchasing Agent ------------------------------------------------------------ 8,400.00
Garage Superintendent ---------------------------------------------------- 7,000.00
Prison Superintendent ------------------------------------------------------ 7,000.00
Manager of City Auditorium -------------------------------------------- 6,500.00
Building Superintendent -------------------------------------------------- 5,800.00
Inspector of Buildings ------------------------------------------------------ 9,500.00
Judges of Municipal Court of Atlanta -------------------------- 9,500.00
Chief Associate Judge of Municipal Court of Atlanta____ 7,500.00
Associate Judge-Probation Officer, Municipal Court of Atlanta ------------------------------------ 6,000.00
The salaries provided in this section shall be subject to uniform increases or decreases by the Mayor and General Council subsequent to April 1, 1952.
Section 16. The salary of the members of the General Council shall be $200.00 per month, effective March 1, 1952, payment to be made in monthly installments.
Section 17. The salaries of the members of the Board of Education shall be $150.00 per month, effective March 1, 1952, payment to be made in monthly installments.
Section 18. Effective March 1, 1952, the salaries of sergeants and officers of the Police and Fire Departments shall be uniform in the respective departments for each rank. Such salary shall be an amount not less than the highest amount now paid to such sergeants and officers of the Police Department and officers in the Fire Department who were transferred to the City from Fulton County as a result of the Plan of Improvement. In determining what is the highest salary, a single exception to the rate of pay for a given rank may be disregarded.
All salaries provided _in this section are subject to uniform increases or decreases by the Mayor and General Council subsequent to April 1, 1952.
Section 19. The Chief of Police shall have the authority to detail any member of the Police Department to the positions of sergeant and detective without reference to Civil Service laws, including the Act of Georgia Laws 1951, page 3247.
Senator Millican further moves that HB 962 be further amended by appropriately renumbering the remaniing sections of said bill to read Sections 20 and 21, and to amend Section 3 of the original bill by striking the name "W. H. Smith" therefrom wherever it

MONDAY, FEBRUARY 11, 1952

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appears in said Section 3 and inserting in lieu thereof the name "Hoke Smith."
Mr. Alverson of Fulton moved that the House agree to the Senate amendment to HB 962.
On the motion, the ayes were 103, nays 0.
The Senate amendment was agreed to.

Under the regular order of business, the following bill and resolution of the Senate were taken up for consideration and read the third time:

SR 104. By Senator Edenfield of the 2nd:
A resolution proposing that certain state property be leased to certain citizens for the purpose of preserving Old Fort King George, 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 adopted.

SB 239. By Senators Peterson of the 16th, Williams of the 49th, and others:
A bill to be entitled an Act to provide that the incorporation of trust companies shall b~ approved by the superintendent of banks, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 112, nays 3.
The bill, having received the requisite constitutional majority, was passed.

The following bills and resolution of the House were taken up for the purpose of considering the Senate substitutes thereto:

HB 710. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act so as to provide an appropriation of $5,000,000.00 for each fiscal year for emergency capital outlay expenditures in maintaining a system of common schools, and for other purposes.

The following Senate substitute to HB 710 was read:

A BILL
To amend an Act approved February 21, 1951 entitled "General Appropriations Act" (Ga. Laws 1951, p. 417-444), so as to provide a supplementary and additional appropriation of $5,000,000.00 for each fiscal year for equalizing the public school buildings and facilities

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therefor throughout the Georgia Public School System; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same:
Section 1. That an Act entitled "General Appropriations Act", approved February 21, 1951, appearing on pages 417 to 444 inclusive, of Georgia Laws of 1951, be and the same is hereby amended by adding a new subsection under Section 8 immediately following subsection (c) of Section 8 to be designated as subsection (d) and to read as follows:
"(d) For equalizing the public school buildings and facilities therefor throughout the Georgia Public School System ....$5,000,000.00
Provided, however, the fund appropriated under this supplementary and additional appropriation shall be available and distributed only for equalizing the public school buildings and facilities therefor among the several local school units of this State, and said funds shall be apportioned on an annual basis to the local units under the following formula: Each local unit shall receive a sufficient sum of this supplementary and additional appropriation, when added to the amount of funds which is now provided in Section 11 of the Minimum Foundation Program Act on the basis of $200.00 per teacher, to equal a combined sum of funds that bears the same percentage of all State school building funds, as the total amount of State funds received by each local unit for operating purposes bears to the total amount of operating funds alloted to all local school units of the State. No local unit shall receive from this additional and supplementary appropriation less than $50.00 per State allotted teacher. Other appropriations for local school building purposes shall not be affected by this supplementary and additional appropriation. Provided, further that in the event of consolidation of independent school systems such consolidated system shall receive the total amounts provided for each independent unit under and according to the provisions of this Act.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Freeman of Monroe moved that the House disagree to the Senate substitute to HB 710.
Mr. Williams of Cobb moved that the House agree to the Senate substitute to HB 710.
On the motion to agree, the ayes were 24, nays 89.
The Senate substitute was disagreed to.

HB 659. By Messrs. Dicus of Muscogee, M. Smith of Fulton, and others:
A bill to be entitled an Act to amend an Act known as the "Uniform Narcotic Drug Act," and for other purposes.
The following Senate substitute to HB 659 was read: A BILL
To be entitled an Act to amend an Act known as the "Uniform

MONDAY, FEBRUARY 11, 1952

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Narcotic Drug Act," approved March 24, 1935 (Ga. Laws 1935, p. 418), as amended, so as to define "marihuana"; to define "narcotic drugs"; to remove certain references to cannabis; to change penalty provisions; to substitute Georgia State Board of Pharmacy for Commissioner of Agriculture; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia as follows:
Section 1.
An Act known as the "Uniform Narcotic Drug Act," approved March 24, 1935 (Ga. Laws 1935, p. 418), as amended, is hereby amended by striking paragraph (13} of Section 1, which paragraph defines "cannabis," and substituting in lieu thereof a new paragraph (13) to read as follows:
" (13) 'Marihuana' means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination."
Section 2.
Said Act as amended is further amended by striking paragraph (14) of Section 1 defining narcotic drugs and inserting in lieu thereof a new paragraph (14) to read as follows:
" (14). 'Narcotic drugs' means coca leaves, opium, isonipecaine, marihuana, and every other substance neither chemically nor physically distinguishable from them and any other drugs to which the Federal laws relating to narcotic drugs may now apply; and any drug found by the Georgia State Board of Pharmacy to have an addiction-forming or addiction-sustaining liability similar to morphine or cocaine."
Section 3.
Said Act as amended is further amended by striking in its entirety numbered paragraph (1) of Section 8, relating to exceptions to said Act, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Prescribing, administering, dispensing, or selling at retail of any medicinal preparation that contains in one fluid ounce, or if a solid or semi-solid preparation, in one avoirdupois ounce, (a) not more than two grains of opium, (b) not more than one-quarter of a grain of morphine, or of any of its salts, (c) not more than one grain of codeine or any of its salts, (d) not more than one-eighth of a grain of heroin or of any of its salts, (e) and not more than one of the drugs named above in clauses (a), (b), (c), and (d)."
Section 4.
Said Act as amended is further amended by striking from lettered

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paragraph (a) of Section 8, relating to exceptions to said Act, the words "or more than one grain of extract of cannabis or one grain of any more potent derivative or preparation of cannabis," so that said paragraph (a) when so amended shall read as follows:
"(a) No person shall prescribe, administer, dispense, or sell under the exemptions of this section, to any one person, or for the use of any one person or animal, any preparation or preparations included within this section, when he knows, or can by reasonable diligence ascertain, that such prescribing, adminstering, dispensing, or selling will provide the person to whom or for whose use, or the owner of the animal for the use of which, such preparation is prescribed, administered, dispensed, or sold, within any forty-eight (48) consecutive hours, with more than four grains of opium, or more than one-half grain of morphine or of any of its salts, or more than two grains of codeine or of any of its salts, or more than one-quarter of a grain of heroin or of any of its salts, or will provide such person or the owner of such animal, within 48 consecutive hours, with more than one preparation exempted by this section from the operation of this Act."
Section 5.
Said Act as amended is further amended by striking from the proviso in numbered paragraph (1) of Section 9, relating to the record to be kept of drugs, the words "or (e) one grain of extract of cannabis or one grain of any more potent derivative or preparation of cannabis," so that said proviso .when so amended shall read as follows:
"Provided: That no record need be kept of narcotic drugs administered, dispensed, or professionally used in the treatment of any one patient, when the amount administered, dispensed, or professionally used for what purpose does not exceed in any forty-eight consecutive hours, (a) four grains of opium, or (b) one grain of morphine or any of its salts, or (c) two grains of codeine or any of its salts, or (d) one-fourth of a grain of heroin or of any of its salts, or (e) a quantity of any other narcotic drug or any combination of narcotic drugs that does not exceed in pharmacologic potency of any one of the drugs named above in the quantity stated."
Section 6'.
Said Act as amended is further amended by striking from numbered paragraph (5) of Section 9, relating to the record of drugs and the form of records the words "and the proportion of resin contained in or producible from the dried flowering or fruiting tops of the pistillate plant Cannabie Sativa L., from which the resin has not been extracted, received or produced," so that said paragraph (5), when so amended, shall read as follows:
"(5) Th~ form of records shall be prescribed by the Chief State Drug Inspector. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacture; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or

MONDAY, FEBRUARY 11, 1952

1847

producible from crude opium or coca leaves. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of, shall show the date of selling, administering, or dispensing the name and address of the person to whom, or for whose use, or the owner and species of animal for which the drugs were sold, administered or dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of two years from the date of the transaction recorded. The keeping of a record required by or under the Federal Narcotic Laws, containing substantially the same information as is specified above, shall constitute compliance with this section, exce~t that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft."
Section 7.
Said Act as amended is further amended by striking in its entirety Section 20, relating to the duty of the Commissioner of Agriculture to enforce said Act and inserting in lieu thereof a new Section 20 to read as follows:
"Section 20. It is hereby made the duty of the Georgia State Board of Pharmacy and all law enforcement officers of this State to enforce all the provisions of this Act, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other States, relating to narcotic drugs."
Section 8.
Said Act as amended is further amended by striking in its entirety Section 21, relating to penalties, and substituting in lieu thereof a new Section 21 which shall read as follows:
"Section 21. Any person who violates any provision of this Act shall be guilty of a felony and shall upon conviction be punished by a fine of not inore than $2,000.00 and by imprisonment in the penitentiary for not less than two (2) nor more than five (5) years. For c_gnviction of a second offense or if in case of a first convicti<m of a violation of any provision of this Act the offender shall previously have been convicted of any violation of the laws of the United States or of any other state, territory or district relating to narcotic drugs or marihuana, the offender shall be punished by a fine of not more than $3,000.00 and by imprisonment in the penitentiary for not less than five (5) nor more than ten (10) years. For conviction of a third or subsequent offense or if the offender shall previously have been convicted two or more times in ~he aggregate of any violation of the laws of the United States or of any other state, territory or district relating to narcotic drugs or marihuana, the offender shall be punished by a fine of not more than $5,000.00 and by imprisonment in the penitentiary for not less than ten (10) nor more than twenty (20) years.
"Except in the case of conviction for a first offense for violation of the provisions of this Act, the imposition or execution of sentence shall not be suspended and probation or parole shall not be granted until the minimum imprisonment herein provided for the offense shall have been served."

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"Provided, however, any other provisions of this section to the contrary notwithstanding, any person who by himself, agent, or through any other person, in any manner, gives, sells, offers for sale, barters, exchanges or furnishes a minor with any narcotic drug, in violation of the provisions of this Act, shall be guilty of a felony, and upon the first conviction thereof shall be punished by imprisonment in the penitentiary for life. The jury in such cases may recommend that the person convicted be imprisoned in the penitentiary for not less than ten years nor more than twenty years, and it shall be within the discretion of the judge to sentence such person to life imprisonment, or the period provided in the recommendations of the jury. Provided further, however, that any person who shall be convicted for the second or any subsequent offense, as set out in the preceding proviso, shall be guilty of a felony, and upon conviction thereof shall be punished by death unless the jury recommends mercy, in which event punishment shall be imprisonment in the penitentiary for life, or in lieu thereof, the jury in such cases when recommending mercy may recommend that the person convicted be imprisoned in the penitentiary for not less than ten years nor more than twenty years, and it shall be within the discretion of the judge to sentence such person to life imprisonment, or the period provided in the recommendation of the jury. The imposition or the execution of sentence for offenses as set out in the two preceding provisos shall not be suspended and probation or parole shall not be granted."
Section 9.
Said Act as amended is further amended by striking the words "State Commissioner of Agriculture" wherever they appear in said Act, and inserting in lieu thereof the words "Georgia State Board of Pharmacy".
Section 10.
All laws and parts of laws in conflict with this Act are hereby repealed.
Dr. Griffith of Putnam moved that the House agree to the Senate substitute to HB 659.
On the motion, the ayes were 113, nays 0.
The Senate substitute was agreed to.

HR 178-755e. By Messrs. Hand of Mitchell, Smith of Emanuel, and others:
A resolution proposing an amendment to provide for the appropriation of funds for the capital outlay expenditures in establishing a system of common schools, and for other purposes.

The following Senate substitute to HR 178-755e was read:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia by adding to Paragraph IV of Section IX of Article VII, a new subparagraph to read as follows:

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1849

"There is hereby continually appropriated and included as a part of each General Appropriation Act for each fiscal year the sum of $10,000,000.00 which shall be available each fiscal year to defray the cost of capital outlay expenditures and for equalizing the public school buildings and facilities therefor throughout the Georgia Public School System necessary in establishing and maintaining a system of common schools in the State of Georgia. The expenditures of this appropriation shall be subject to all the rules, regulations and restrictions imposed on the expenditure of all other appropriations by the provisions of this Constitution and by the provisions of all other laws enacted by the General Assembly which are not inconsistent with the following specific conditions authorizing the expenditure of the specific funds hereby appropriated:
(a) Five million dollars of the funds appropriated by this pro-. vision shall be distributed to the local school units of the public schools in this State by the State Board of Education in conformity with provisions of law enacted by the General Assembly pertaining to the allotment and expenditures of funds for capital outlay purposes and $5,000,000.00 of the funds appropriated by this provision shall be available and distributed only for 'equalizing the public school buildings and facilities therefor among the several local school units of this State,' and said funds shall be apportioned on an annual basis to the local units under the following formula: Each local unit shall receive a sufficient sum of this additional $5,000,000.00 appropriation, when added to the amount of funds which is now provided in Section 11 Qf the Minimum Foundation Program Act on the basis of $200.00 per teacher, to equal a combined sum of funds that bears the same percentage of all State school building funds, as the total amount of State funds received by each local unit for Qperating purposes bears to the total amount of operating funds allotted to all local school units of the State. No local unit shall receive less than $50.00 per State allotted teacher. Any provisions Qf this Constitution to the contrary notwithstanding, the State, any County Board of Education, City Board of Education, or governing body of any independent system of this State, may enter into contracts with each other, or with any agency or instrumentality of the State or with any authority for the use of school facilities needed in the operation of the school system for a period not exceeding twenty (20) years and obligate themselves to pay sums certain during the entire period of such contracts for the use of said facilities.
In the event any local school unit enters into a lease contract with the State School Building Authority for the use of facilities of the Authority, as authorized by Article VII, Section VI, Paragraph I of this Constitution, and by this amendment, the State Board of Education, shall not reduce the annual amount originally distributed from this appropriation to the local school unit so long as the lease contract is in force and effect. Upon the receipt of an executed copy of said lease contract, the State Board of Education is hereby authorized and directed to monthly or annually pay to the Authority such part of the funds made available to the local school unit as may be required to meet the terms of the lease contract executed by the local school unit with the Authority. Such payment to the Authority shall constitute a payment to the local school unit for operating costs and the local school unit shall record the same as having been received and

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disbursed for the purpose of payment of the rentals required under the terms of the lease contract.
Any amount of the funds appropriated hereby to a local school unit in any fiscal year which is not required to meet the terms of a lease contract entered into with the State School Building Authority, the State Board of Education is hereby authorized and directed to pay the amount of money so allotted to the governing authorities of the local school unit. The governing authorities, upon receipt of the funds, shall place same in a trust fund and keep same separate and apart from all other moneys of such local school unit to be held and expended in the following manner and order:
First, payment into the bond sinking fund may be made as an earning of the sinking fund for use of school facilities acquired through bond funds to apply on payment of principal and interest of any bonded indebtedness created after July 1, 1951 in the event the County Board of Education by proper resolution provides for the application of the available funds for such purpose and in which event the tax required to be levied by law for said sinking fund shall be reduced by the amount of such payment;
Second, any remaining funds available after payment of amounts directed to be paid to the bond sinking fund may be expended for the payment of any school obligation incurred after July 1, 1951 for the purpose of acquiring by purchase, construction or otherwise, additional heating, sewerage or water systems essential to the improvement of school housing facilities and any additional school sites; additional rooms in or adjacent to present school plant facilities; additional school plant facilities and the necessary equipment for the additional rooms or the additional school plant facilities;
Third, when the State Board of Education has by proper board action deemed that the local school unit has made ample school facilities available, then any remaining funds available, shall be paid into the bond sinking fund as an earning of the sinking fund for use of school facilities acquired through bond funds to apply on payment of principal and interest of any bonded indebtedness created after July 1, 1951, then any remaining funds available shall be paid into the bond sinking fund as an earning of the sinking fund for use of school facilities acquired through bond funds realized prior to July 1, 1951, and in each instance, the tax required to be levied by law for said sinking fund shall be reduced by the amount of such payment. Any remaining funds available after payment or providing sufficient funds in sinking fund for payment of all obligations cited herein may be expended for repairs and alterations to existing plant facilities and equipment therefor.
The provisions of this amendment shall be void and of no force and effect as of June 30, 1973."
Be it resolved by the General Assembly of Georgia:
Section 1.
Upon the approval of this resolution in the manner hereinafter provided, that Paragraph IV of Section IX of Article VII of the Constitution of the State of Georgia be amended by adding a new

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1851

subparagraph to read as follows:
"There is hereby continually appropriated and included as a part of each General Appropriation Act for each fiscal year the sum of $10,000,000.00 which shall be available each fiscal year to defray the cost of capital outlay expenditures and for equalizing the public school buildings and facilities therefor throughout the Georgia Public School System necessary in establishing and maintaining a system of common schools in the State of Georgia. The expenditures of this appropriation shall be subject to all the rules, regulations and restrictions imposed on the expenditure of all other appropriations by the provisions of this Constitution and by the provisions of all other laws enacted by the General Assembly which are not inconsistent with the following specific conditions authorizing the expenditure of the specifc funds hereby appropriated:
(a) Five million dollars of the funds appropriated by this provision shall be distributed to the local school units of the public schools in this State by the State Board of Education in conformity with provisions of law enacted by the General Assembly pertaining to the allotment and expenditures of funds for capital outlay purposes and $5,000,000.00 of the funds appropriated by this provision shall be available and distributed only for 'equalizing the public school buildings and facilities therefor among the several local school units of this State,' and said fundiil shall be apportioned on. an annual basis to the local units under the following formula: Each local unit shall receive a sufficient sum of this additional $5,000,000.00 appropriation, when added to the amount of funds which is now provided in Section 11 of the Minimum Foundation Program Act on the basis of $200.00 per teacher, to equal a combined sum of funds that bears the same percentage of all State school building funds, as the total amount of State funds received by each local unit for operating purposes bears to the total amount of operating funds allotted to all local school units of the State. No local unit shall receive less than $50.00 per State allotted teacher. Any provisions of this Constitution to the conrary notwithstanding, the State, any County Board of Education, City Board of Education, or governing body of any independent system of this State, may enter into contracts with each other, or with any agency or instrumentality .of the State or with any authority for the use of school facilities needed in the operation of the school system for a period not exceeding twenty (20) years and obligate themselves to pay sums certain during the entire period of such contracts for the use of said facilities.
In the event any local school unit. enters into a lease contract with the State School Building Authority for the use of facilities of the Authority, as authorized by Article VII, Section VI, Paragraph I of this Constitution, and by this amendment, the State Board of Education shall not reduce the annual amount originally distributed from this appropriation to the loc.al school m:lit so long as the lease contract is in force and effect. Upon the receipt of an executed copy of said lease contract, the State Board of Education is hereby authorized and directed to monthly or annually pay to the Authority such -~t of the capital outlay funds made available to the local school unit as may be required to meet the terms of the lease contract executed by the local school unit with the Authority. Such payment to the Authority

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shall constitute a payment to the local school unit for operating costs and the local school unit shall record the same as having been received and disbursed for the purpose of payment of the rentals required under the terms of the lease contract.
Any amount of the funds appropriated hereby to a local school unit in any fiscal year which is not required to meet the terms of a lease contract entered into with the State School Building Authority, the State Board of Education is hereby authorized and directed to pay the amount of money so alloted to the governing authorities of the local school unit. The governing authorities, upon receipt of the funds, shall place same in a trust fund and keep same separate and apart from all other moneys of such local school unit to be held and expended in the following manner and order.
First, payment into the bond sinking fund may be made as an earning of the sinking fund for use of school facilities acquired through bond funds to apply on payment of principal and interest of any bonded indebtedness created after July 1, 1951 in the event the County Board of Education by proper resolution provides for the application of the available funds for such purpose and in which event the tax required to be levied by law for said sinking fund shall be reduced by the amount of such payment;
Second, any remaining funds available after payment of amounts directed to be paid to the bond sinking fund may be expended for the payment of any school obligation incurred after July 1, 1951 for the purpose of acquiring by purchase, construction or otherwise, additional heating, sewerage or water systems essential to the improvement of school housing facilities and any additional school sites; additional rooms in or adjacent to present school plant facilities; additional school plant facilities and the necessary equipment for the additional rooms or the additional school plant facilities;
Third, when the State Board of Education has by proper board action deemed that the local school unit has made ample school facilities available, then any remaining funds available, shall be paid into the bond sinking fund as an earning of the sinking fund for use of school facilities acquired through bond funds to apply on payment of principal and interest of any bonded indebtedness created after July 1, 1951, then any remaining funds available shall be paid into the bond sinking fund as an earning of the sinking fund for use of school facilities acquired through bond funds realized prior to July 1, 1951, and in each instance, the tax required to be levied by law for said sinking fund shall be reduced by the amount of such payment. Any remaining funds available after payment or providing sufficient funds in sinking fund for payment of all obligations cited herein may be expended for repairs and alterations to existing plant facilities and equipment therefor.
The provisions of this amendment shall be void and of no force and effect as of June 30, 1973."
Section 2.
Be it further resolved by the authority aforesaid, that whenever the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of

MONDAY, FEBRUARY 11, 1952

1853

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, for two months next preceding the time of holding the next general election.
Section 3.
Be it further resolved by the authority aforesaid, that the above proposed amendment shall be submitted for ratification or rejection by the electors of this State at the next general election to be held after the publication as provided for in the second section of this resolution, in the several elections districts of this State, at which election every person shall be 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 the amendment to Paragraph IV of Section IX of Article VII of the Constitution, to provide for the appropriation of funds for capital outlay expenditures in establishing and maintaining a system of common schools." 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 Paragraph IV of Section IX of Article VII of the Constitution, to provide for the appropriation of funds for capital outlay expenditures in establishing and maintaining a system of common schools."
If the people ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and to certify the result to the Governor, who shall, if such amendment be ratified, make proclamation thereof.
Section 4.
That any and all provisions of law and parts of laws in conflict herewith be, and the same are hereby repealed.
Mr. Hand of Mitchell moved that the House disagree to the Senate substitute to HR 178-755e, and the motion prevailed.
The Senate substitute was disagreed to.

Under the regular order of business, the following bills of the Senate were taken up for consideration and read the third time:

SB 275. By Senators Branch of the 47th, Harden of the 45th, and others:
A bill to be entitled an Act to amend an Act so as to change the method of compensating judges of the superior courts, emeritus, 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 50, nays 60.
The bill, having failed to receive the requisite constitutional majority, was lost.

SB 345. By Senators Connell of the 6th and Carlisle oi the 7th:
A bill to be entitled an Act to amend an Act so as to provide that judges emeritus of the court of appeals shall receive annual compensations and allowances, and for other purposes.
The report of the committe.e, which was favorable to the passage of the bill, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Upson Alverson Ball Barber of Jackson Bargeron Barrett Baughman Beasley Bentley Britton Burgamy Byrd Campbell of Oconee
Cates Clark Claxton Coogle Dally Dews Dicus Duncan Durham Edenfield Fears Freeman Gardner Gary Gowen Green of Cherokee Green of Rabun Greer

Griffith Hale Hall of Floyd Hawkins Hollis Hood Huddleston lvey Jackson Jessup Johnson of Hall Kemp Knight Langdale Lanier Leach Lewis of Hancock Lovett McCracken Mackay Mangum Matthews Mims Mishoe Mull Murphy Musgrove Nelson Neville Nightingale Otwell Overby

Those voting in the negative were Messrs.:

Adams of Evans Barber of Colquitt

Battles Bell of DeKalb

Owens Page Perkins Pittard Ramsey Register Risner Robertson of Coweta Rowland Russell Scott Scoggin Simmons Smiley M. M. Smith of Fulton Stocks Tarbutton Tarpley Trapnell Tumlin Turk Twitty Vandiver Walker of Crawford Wiggins Wilkinson Williams of Cobb Williams of Houston Willingham Willis
Biggers Bolton

MONDAY, FEBRUARY 11, 1952

1855

Boone Brantley Burkett Carr Cornelius Deason Deen Dorsey Garrard

Groover Hadden Henderson Hilton Kelley Lam Little McKelvey Raulerson

Rollins Sivell Tillman Vickers Waldrop Weems Whitworth Wooten

Those not voting were Messrs.: Abney of Walker, Adams of Brantley, Aycock, Bell of Richmond, Best, Birdsong, Black, Boggus, Brannen, Brazeal, Brooks, Callier, Campbell of Walker, Clary, Clay, Coffin, Covington, Cranford, Denton, Durden, Flynt, Gillis, Graham, G1een of Irwin, Greene of Crisp, Guthrie, Hall of Toombs, Harper, Harrell, Harris, Herrin, Holley, Hopkins, Johnston, Jolly, Jones of Bartow, Jones of Lumpkin, Jordan, Kennedy, Key, Kidd, King, Kitchens, Lavender, Lewis of Greene, McGarity, McGee, McWhorter, Murr, Newman, Parker, Peacock, Pickard, Pickett, Ray, Robertson of Dawson, Rogers (present), Sheffield, Short, Smith of Bryan, Smith of Emanuel, Hoke Smith of Fulton, Stephens of Towns, Stevens of Marion, Stewart, Sumner, Tamplin, Terry, Tippens, Todd, Ursrey, Walker of Telfair, Warren, Wheeler, White, Wilkes, Wood, Wright, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 94, nays 32.
The bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Gowen of Glynn gave notice that at the proper time he would move that the House reconsider its action in failing to pass SB 345.

SB 392. By Senators Millican of the 52nd and Rawls of the lOth:
A bill to be entitled an Act to provide for the transfer of the Fulton County Crime Laboratory to the State Department of Public Safety, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 1.
The bill, having received the requisite constitutional majority, was passed.

SB 279. By Senator Ellard of the 31st:
A bill to be entitled an Act to amend Section 34-1303 of the 1933 Code of Georgia so as to provide that election managers and clerks shall receive $5.00 per day, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 107, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE.

SB 305. By Senators Dunn of the 8th, Hawes of the 30th, and Stephens of the 50th:
A bill to be entitled an Act affecting Savings and Loan Associations, and for other purposes.

The following Committee amendment was read and adopted:
The House Committee on Banks and Banking moves to amend SB 305 as follows:
By striking from Section 2 the words "banks and other financial institutions."
By striking the words "two new sections" in line two of Section 4 and inserting in lieu thereof the words "a new section."
By striking from Section 4 the following:
"16-440, Savings account. The interest of a savings member of a State chartered association in such association may be referred to and advertised as a savings acceunt."
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 111, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

The following resolutions of the House and Senate were read and adopted:

SR 117. By Senator Willingham of the 39th:
A resolution requesting an extention of time for the members of the General Assembly for filing State Income Tax Returns, and for other purposes.

SR 118. By Senator Willingham of the 39th:
A resolution requesting an extension of time for the members of the General Assembly for filing Federal Income Tax Returns, and for other purposes.

SR 123. By Senator Millican of the 52nd:
A resolution to provide photographs of House and Senate members, and for other purposes.

HR 317. By Messrs. Twitty of Mitchell, Nightingale of Glynn, and others:

A RESOLUTION
WHEREAS, the Bill Drafting Unit of the State Law Department was created in 1951 to aid and advise the members of the General Assembly in the preparation of proposed legislation, and

MONDAY, FEBRUARY 11, 1952

1857

WHEREAS, approximately 650 bills and resolutions have been drafted in said Unit for the 1952 Session, and
WHEREAS, the assistance given to the members by the Unit has been of inestimable value and of the highest quality, and
WHEREAS, all the personnel of said Unit have worked hard and diligently,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the Honorable Eugene Cook and the entire staff of the Bill Drafting Unit be commended for the excellent service performed on behalf of the General Assembly and that the members of this body extend their deepest appreciation for the valv_able work performed by said Unit.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded by the Clerk of the House to the Attorney General.

HR 318 By Messrs. Bentley of Cobb, Twitty of Mitchell, and others:

A RESOLUTION
WHEREAS, the people of the State of Georgia are paying a tremendous federal income tax, and
WHEREAS, the people of the State of Georgia are paying tremendous sums of other federal taxes, and
WHEREAS, the Federal Government has paid to the State of Georgia and to the people of the State of Georgia through federal aid a smaller sum than has been paid in by and through federal taxes, and
WHEREAS, these sums have been termed free and have been called free federal aid and have been held out to the people of the State of Georgia as being without cost to them, and
WHEREAS, the Federal Government has insisted that they can do a better job for the people of the State of Georgia than the state and counties of the State of Georgia can do, and
WHEREAS, THE OTHER 47 states of the United States are in the same position as the State of Georgia and the people of the other 47 states are in the same position as the people of the State of Georgia with regard to federal aid,
NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives, the Senate concurring, that the Committee on Interstate Cooperation being composed of members of this body, be hereby authorized to effect closer cooperation between the State of Georgia and the other 47 states in curtailing federal aid, in each of the 48 states of these United States and that they endeavor to obtain from the other 47 states necessary cooperation to put the Federal Government on notice that each of the 48 states feel that they can accomplish the same results as the Federal Government accomplishes by the greater part of the federal aid now given to the states, by and through their own agencies, with less cost to the tax payers, and the consequent reduction in federal taxes.

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JOURNAL OF THE HOUSE,

BE IT FURTHER RESOLVED, THAT A copy of this resolution be spread upon the minutes of this body and further that a copy of this resolution be sent to the United States Congress.

HR 319. By Messrs. Matthews of Clarke, Ursrey of Jeff Davis, and others:

A RESOLUTION
WHEREAS, the University System of this State has grown to an enviable position in its rapid growth as compared with similar institutions in other States, and
WHEREAS, the university Committee of this House of Representatives has gone on record favoring a Committee to study the needs of the various Institutions along with the officials of the University System and the Members of the Board of Regents to reach an understanding as to the needs of the system and for the proper legislation and/or appropriations for the various Institutions, and
WHEREAS, this matter being so vital to the welfare of our State System of Colleges, Agricultural Experiment Stations and Agricultural research to strive to maintain the best possible personnel and research along with practical applications by the field workers of the extension service and such other agricultural agencies or departments that can make Georgia the foremost agricultural State in the South, therefore
BE IT RESOLVED THAT a Committee of six members of this House be appointed to be composed of two members from the University
Committee, two members from Agricultural Committee # 1 and two
members from Agricultural Committee #2, as a Committee to make this study and report their recommendations to the next General Assembly in January, 1953.

HR 320. By Messrs. Cranford and Robertson of Coweta, Harper of Spalding, and Huddleston of Fayette:

A RESOLUTION
WHEREAS, Arthur K. Bolton, is an honored member of the House of Representatives of the State of Georgia, representing the great County of Spalding, and
WHEREAS, said Arthur K. Bolton did on the lOth day of February, 1952 become the proud father of a 6% pound girl.
NOW THEREFORE BE IT RESOLVED, that the congratulations of the House of Representatives be extended to Mr. Bolton and his wife and the clerk is hereby ordered to enter a copy of this resolution on the minutes of this House and to forward a copy of same to Mr. Bolton in Griffin, Georgia.

HR 321. By Messrs. Boggus of Ben Hill, McCracken of Jefferson, and Raulerson of Pierce:

A RESOLUTION WHEREAS, during this session of the General Assembly the mem-

MONDAY, FEBRUARY 11, 1952

1859

hers of the House of Representatives have brought many of their own children together with the children of neighbors and friends to serve as pages in the House of Representatives; and
WHEREAS, Mrs. Frances Read, who has been in charge of the pages, has watched over and cared for them in a most kind, attentive and efficient manner, thereby relieving the members of this responsibility during the time that it was necessary for them to devote their full time and attention to the deliberations of the House;
THEREFORE, BE IT RESOLVED by the House of Representatives that Mrs. Read be commended for the splendid service that she has rendered in so carefully and attentively caring for said children and that the members of the House of Representatives do hereby extend their deep appreciation and thanks to her for her kindness.

HR 322. By Messrs. Risner of Hart and Wiggins of Stephens:
A RESOLUTION
WHEREAS, Miss Ida McGukin taught faithfully in the public school system of Georgia continuously from November, 1909 until May, 1935, and
WHEREAS, by her exemplary Christian character as a teacher she made lasting impressions for good and exercised a wholesome influence on the lives of the children she taught, resulting in the creation of fine citizens of this State, and
WHEREAS, she is equitably entitled to credit for her teaching service prior to July 1, 1943,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the Board of Trustees of the Teachers' Retirement System of Georgia be authorized and requested to allow Miss Ida McGukin credit towards retirement for service which she performed as a teacher prior to 1943; that she be entitled to all the benefits, rights and privileges of the Teachers' Retirement System, provided she comply with the other provisions of the Act.

Under the regular order of business, the following resolution of the House was taken up for consideration and read the third time:
HR 292-1029a. By Mr. Mims of Miller:
A resolution proposing to continue in effect the committee appointed to investigate the Department of Public Welfare, and for other purposes.
The following committee substitute was read:
WHEREAS, the House and Senate, by a joint resolution created a special legislative committee, consisting of 5 members from the House and 3 members from the Senate, to investigate the administration of the Welfare Department of the State of Georgia; and
WHEREAS, this committee has diligently investigated and held

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JOURNAL OF THE HOUSE,

hearings looking into the rules and regulations in effect in this department; and
WHEREAS, this House desires to further investigate said department, with the specific purpose in mind of determining what, if any, partiality is being shown toward recipients now on the public welfare rolls; and
WHEREAS, it is the opinion of this House that this purpose can best be accomplished by a committee appointed from the House alone;
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives of Georgia that the Speaker of this House and the chairman of the Public Welfare Committee be authorized to appoint a committee of not more than 5 members as an interim committee to effectuate this purpose; said committee to be appointed from the committee on public welfare, as now constituted, if the Speaker and the chairman of the committee on public welfare deem such an investigation to be desirable;
BE IT FURTHER RESOLVED that members of said committee shall receive for their services the same per diem and allowances for expenses and mileage as allowed for all of the interim committees.
Mr. Nightingale of Glynn moved that the resolution be tabled.
The motion prevailed and the resolution was tabled.

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

Mr. 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 710. By Messrs. Hand and Twitty of Mitchell, Smith of Emanuel, and others:
A bill to amend an Act approved Feb. 21, 1951, entitled "General Appropriations Act" (Ga. Laws 1951, pp. 417-444) so as to provide an Appropriation of $5,000,000.00 for each fiscal year for emergency capital outlay expenditures in establishing and maintaining a system of common schools and for other purposes.
The President has appointed as a Committee of Conference on the part of the Senate:
Senators Coleman of the 18th, Williams of the 49th, Wilson of the 23rd.
The Senate insists on its position on the following bill of the House, and respectfully asks that a Committee of Conference be appointed.
HR 178. By Messrs. Hand and Twitty of Mitchell, and others:
A resolution proposing to the qualified voters of the State of Georgia an amendment to the Constitution of the State of Georgia by adding to Paragraph IV of Section IX of Article VII, a new subparagraph to provide for the appropriation of funds for capital outlay expenditures

MONDAY, FEBRUARY 11, 1952

1861

in establishing and maintaining a system of common schools.

The President has appointed as a Committee of Conference on the part of the Senate:
Senators Williams of the 21st, Rawls of the lOth, Duncan of the 34th.

The President has appointed as a Committee of Conference on the part of the Senate:
Senators Williams of the 21st, Rawls of the lOth, Duncan of the 34th.

The Speaker appointed as a Committee of Conference on HB 710 on the part of the House the following members: Messrs. Hall of Floyd, Smith of Emanuel, and Ray of Warren.

The Speaker appointed as a Committee of Conference on HR 178-755e on the part of the House the following members: Messrs. Hall of Floyd, Smith of Emanuel, and Ray of Warren.

By unanimous consent, all Senate bills passing the House with amendments this day were ordered immediately transmitted to the Senate.

Mr. Twitty of Mitchell moved that the House do now adjourn until 9:00 o'clock tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:00 o'clock tomorrow morning.

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JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia. February 12, 1952.

The House met pursuant to adjournment, this day at 9:00 o'clock, A. M., and was called to order by the Speaker.
Prayer was offered by the Chaplain.

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

Mr. Callier of Talbot, 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 uncontested local bills and resolutions. 4. First reading and reference of Senate bills and resolutions. 5. The Speaker shall have the right to call up any bill or resolution in any order he deems advisable.

Mr. Gowen of Glynn County, Chairman of the Committee on General Judi-
ciary # 1, submitted the following report:
Mr. Speaker:
Your Committee on General Judiciary # 1 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 370. Do Pass, by substitute, as amended. Respectfully submitted, Gowen of Glynn, Chairman.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the follow-

TUESDAY, FEBRUARY 12, 1952

1863

ing bills and resolutions of the House to wit:

HB 512. By Messrs. Robertson and Cranford of Coweta:
A bill to amend Section 49-314 of the Code of Georgia, 1933, relating to the granting of letters of dismission to guardians, by adding to Paragraph 4 thereof the words "or that there is no longer a necessity for continuing the guardianship," and to provide how said section shall read when so amended.

HB 513. By Messrs. Robertson and Cranford of Coweta:
A bill to amend Sections 49-610.1 and 49-610.7 of the 1933 Code of Georgia, as amended, which Sections refer to the fees of the Ordinary and Commissioners in restoration proceedings involving a person who has previously been adjudged a lunatic or a person of unsound mind by striking and repealing that portion of Section 49-610.1 which provides that the petition in such cases must be accompanied by payment to Ordinary.

HB 514. By Messrs. Robertson and Cranford of Coweta:
A bill to amend Section 49-605 of the 1933 Code of Georgia, which Section refers to the commitment of persons to the Milledgeville State Hospital by adding at the end thereof a provision for the transfer from the Milledgeville State Hospital to any institution operated by the U. S. Veterans Administration or other agency of the U. S. Government for the care and treatment of incompetent or insane veterans, etc.; and for other purposes.

HB 515. By Messrs. Robertson and Cranford of Coweta:
A bill to amend Section 49-813 of the 1933 Code of Georgia, which section refers to the commitment of incompetent or insane veterans to a U. S. Veterans Bureau Hospital by striking and repealing said section in its entirety and substituting in lieu thereof a new section covering the same subject matter.

HB 516. By Messrs. Robertson and Cranford of Coweta:
A bill to amend Section 24-2104 Civil Code of Georgia of 1933, pertaining to the time which business may be transacted 'vith the Ordinaries in the State by amending said Section by striking therefrom letter of Guardianship or Dismissory and providing that the office of the ordinary shall be open for the transaction of business in the granting of letters of guardianship or dismissory at all times except Sundays and holidays.

HB 632. By Messrs. Lewis of Hancock, Jackson of Jones and Bert of Clay:
A bill to provide for the admission in evidence of a certified copy of a deed more than 30 years old, when said deed has been recorded for more than 30 years, and where possession has been consistent therewith, without proof of execution, and for other purposes.

HB 723. By Messrs. Smith of Emanuel, Aycock of Jenkins, and others:

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JOURNAL OF THE HOUSE,
A bill to amend an Act entitled "An Act to Establish a Minimum Foundation Program of Education in Georgia", and to provide a schedule of minimum salaries which shall be paid to the drivers of school busses in all counties of this State, and for other purposes.

HB 769. By Mr. McCracken of Jefferson:
A bill to amend an Act approved March 24, 1933 (Ga. Laws 1933, p. 201), entitled "An Act to prohibit the driving of motor vehicles and school busses upon or over the roads or highways of the State of Georgia and on or upon any streets in the incorporated towns and cities of this State, while said school buses are stopped and engaged in taking on and discharging school children therefrom; and to provide for the identification of all school buses, and for other purposes.

HB 820. By Messrs. Claxton of Camden, Durden of Dougherty, and others:
A bill to amend an Act approved Feb. 16, 1951 and published in Georgia Laws 1951, pages 149-156, entitled "Toll Road from Florida Line to St. Marys", and for other purposes.

HB 839. By Mr. Gowen of Glynn:
A bill to amend an Act approved Feb. 21, 1951 (Ga. Laws 1951, p. 789), entitled an Act to create the Georgia Historical Commission, by striking therefrom paragraph (a) of Section 15, which paragraph prohibits expenditure of State funds by said Commission unless appropriated by the General Assembly, and for other purposes.

HB 893. By Mr. Hood of Chatham:
A bill to repeal an Act entitled "An Act to impose a penalty upon any person, firm or corporation operating in any municipality of this State Taxi-cabs serving the public where a passenger is refused transportation to his place of designation within the corporate limits of such municipality, and for other purposes.

HB 908. By Mr. Freeman of Monroe:
A bill to amend an Act 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," approved Feb. 1, 1950 (Ga. Laws 1950, p. 50), as amended, and for other purposes.

HB 930. By Mr. Smith of Fulton: A bill to amend 56-226 of the Code of Georgia as amended, so as to make the proviso thereof apply with respect to insurance companies licensed under the laws of Georgia, and for other purposes.
HR 284. By Mr. Owens of Tift: A resolution proposing the sale of surplus property of the State to the

TUESDAY, FEBRUARY 12, 1952 City of Tifton and County of Tift, and for other purposes.

1865

HR 288. By Messrs. Smith and Edenfield of Emanuel:
A resolution authorizing and directing State Librarian to furnish certain records to Emanuel County.
HB 767. By Mess1s. Twitty of Mitchell, Smith of Emanuel and Gowen of Glynn:
A bill to amend Section 6-1001 of the Code of Georgia of 1933, as amended, which Section relates to the filing of bills of exceptions in the office of the clerk where the case was tried, the transcript of record and certificate, so as to provide that in all capital felony cases the clerk shall furnish the Attorney General with a copy of the bill of exceptions and transcript of records, and for other purposes.

HB 434. By Messrs. Parker and Kidd of Baldv,in:
A bill to amend an Act approved Dec. 15, 1900 (Ga. Laws 1900, pp. 345-364), which Act establishes a new charter for the City of Milledgeville, as amended by an Act approved Dec. 14, 1901 (Ga. Laws 1901, page 549) and an Act approved Dec. 5, 1902 (Ga. Laws 1902, pp. 510-511) and an Act approved Aug. 12, 1924 (Ga. Laws 1944, pp. 666-671), by changing and clarifying the corporate limits of said city, and for other purposes.
HR 63. By Mr. Harris of Wayne:
A resolution that the State Board of Corrections be and is hereby directed to pay to Wilford T. Blanton, of the County of Wayne, the sum of One Hundred and Fifty ($15.00) Dollars out of the funds available to the State Board of Corrections, in full and final settlement of all damages to the personal property of Wilford T. Blanton.
HR 163. By Messrs. Murr and Burgamy of Sumter:
A resolution proposing that the Department of Safety be directed to pay out of the funds available to the Department of Safety the sum of $4,000.00 Dollars to cover hospital bills, doctors bills, nurses bills, and other incidental expenses in connection with the treatment of the injuries of J. W. Southwell, and for other purposes.
HR 176. By Mr. Campbell of Oconee:
A resolution appropriating fifty-five dollars and forty-seven cents ($55.47) to reimburse Mr. W. L. Linenkohl, and for other purposes.
HR 194. By Mr. Kidd of Baldwin:
A resolution to investigate the possibility of requiring third and fourth year Medical students to spend two months interning at the Milledgeville State Hospital, and for other purposes.
HR 197. By Messrs. Page and McGee of Chatham:
A resolution appropriating the sum of $81.47 of the State Treasury

1866

JOURNAL OF THE HOUSE,
to pay for damage to truck of Empire Radio and Specialty Company, Inc.

HR 198. By Messrs. Williams and Bentley of Cobb:
A resolution proposing that the proper authority be authorized to pay out of the "Military Fund" the sum of $222.69 to George A. Cabe for reimbursement, and for other purposes.
HR 214. By Mr. Aycock of Jenkins:
A resolution proposing that the Department of Public Welfare be directed to pay to Mrs. Maxie Hooks the sum of $3,000.00 as compensation for her loss, and for other purposes.

HR 271. By Mr. Tamplin of Morgan:
A resolution authorizing payment for damages to an automobile owned by Mr. Bruce F. Allen, and for other purposes.
HR 273. By Messrs. Burkett and Vickers of Coffee:
A resolution to compensate Mr. Henry A. Wiggs for damage to his automobile when inmate of the State Department of Corrections backed a State owned truck into the parked automobile of Henry A. Wiggs.
HR 289. By Mr. Ramsey, Sr. of Effingham:
A resolution proposing that the Department of State Parks, Historic Sites, and Monuments, through its Director, be ordered and directed to investigate the possibilities relative to the acquisition and development into a State Park of properties in Effingham County, and for other purposes.
HR 115. By Mr. Tillman of Appling:
A resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia to provide for the division of Appling County into school districts; to provide election of members of the county board of education from such school districts, and for other purposes.

HR 180. By Messrs. Hollis and Pickard of Muscogee:
A resolution proposing an amendment to Article VI, Section V, Paragraph I, (Code Sup. 2-4001) of the Constitution of Georgia, so as to authorize the designation of judges pro hac vice in the Superior Court of Muscogee County, City Court of Columbus and the Municipal Court of Columbus; to fix their authority while acting, and for other purposes.

HR 182. By Messrs. McGee and Page of Chatham:
A resolution proposing an amendment to Article 6, Section 1 by adding a new paragraph to be known as Paragraph 2 of Article 6, Section 1, to authorize Chatham County to enact ordinances for the policing of said County; for levying occupational license taxes; providing penalties

TUESDAY, FEBRUARY 12, 1952

1867

for violations, and for other purposes.

HR 201. By Mr. Leach of Rockdale:
A resolution proposing an Amendment to Article VIII, Section VI, Paragraph I of the Constitution of Georgia, so as to provide for the appointment of the county school superintendent of Rockdale County by the county board of education of said county, and for other purposes.

HR 215. By Messrs. Perkins and Duncan of Carroll:
A resolution proposing to the qualified voters an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, to provide for the division of Carroll County into school districts, and for election by the people of members of the county board of education from such school districts, and for other purposes.

HR 217. By Messrs. Vandiver and Clay of Bibb:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VII, Paragraph V of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-6005 so as to authorize the City of Macon to issue revenue anticipation certificates to produce funds for making improvements to hospital facilities, and for other purposes.

HR 220. By Mr. Ramsey of Effingham:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of the State of Georgia of 1945, as amended, which established county-wide school districts in this State, by adding thereto a new paragraph so as to provide that the County Board of Education of Effingham County shall issue bonds to purchase school sites, build and equip schoolhouses, etc.

HR 233. By Mr. Adams of Brantley:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, so as to divide Brantley County into five school districts; to provide the term of office for members of the Brantley County Board of Education, and for other purposes.

HR 240. By Messrs. Cornelius and McKelvey of Polk:
A resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, to provide that the Polk County Board of Education as now constituted shall be abolished; to create a new County Board of Education for Polk County; to provide that members of the county board of education shall be elected from certain attendance areas; to provide terms of office of such members, and for other purposes.
HR 244. By Mr. Jessup of Bleckley:

1868

JOURNAL OF THE HOUSE,
A resolution to propose to the qualified voters of the State of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide that the General Assembly shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Cochran and the existing school district in the County of Bleckley, and for other purposes.

HR 259. By Messrs. Bolton and Harper of Spalding:
A resolution to propose to the qualified voters of the State of Georgia the following amendments to the Constitution of Georgia; to amend Article VIII, Section V, Paragraph I of the Constitution by repealing the Constitutional Amendment ratified at the General Election held on Nov. 2, 1948, (Ga. Laws 1947, pp. 1760-1-2-3-4), relating to appointment of Spalding County School Superintendent, etc.

HR 261. By Messrs. Ray of Warren, Smith of Emanuel and others:
A resolution proposing an amendment to Article VII, Section I, Paragraph 4 of the Constitution of Georgia of 1945 so as to authorize the Legislature to exempt from taxation intangible personal property owned by trusts exempt from federal income tax under Section 165 (a) of the Internal Revenue Code.

HR 276. By Messrs. Bell and Holley of Richmond:
A resolution proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia incorporated in the Code of Georgia of 1933 as Section 2-5901 so as to authorize the City Council of Augusta and Richmond County to enter into contracts with each other, with individuals, private firms and corporations, and for other purposes.

HR 281. By Mr. Mull of Fannin:
A resolution proposing an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia of 1945, relating to County Boards of Education, and Article VIII, Section VI, Paragraph I of the Constitution relating to County School Superintendent, to provide for election of members of county board of education of Fannin County by the people, and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 265. By Senators Willingham of the 39th and Ellard of the 31st:
A bill to amend section 15-302 of the Code of Georgia so as to provide that the State shall no longer retain its civil and criminal jurisdiction over persons and citizens of any ceded territory used by the Department of Defense of the U. S. Government, and for other purposes.

The Senate has agreed to the House amendme:1t to the following bill of the Senate:

TUESDAY, FEBRUARY 12, 1952

1869

SB 353. By Senator Millican of the 52nd:
A bill to require all governing authorities of counties and cities having a population of 300,000 or more to have an audit made annually; to provide for the printing of such audit, and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 368. By Senator Jones of the 22nd:
A bill to create a new Charter for the City of Jackson; to define the corporate limits; to provide for election of off icers and employees; to provide manner in which property may be returned; provide for the collection of licenses and taxes; to provide for building permits, and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 243. By Senator Trotter of the 37th:
A bill to create the office of Superior Court Reporter Emeritus to where a court reporter has served as court reporter for a continuous period of 50 years or more in the same circuit; to provide a salary of $200 per month for such court reporter emeritus; to provide for the payment of such salary, and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 251. By Senators Stephens of the 50th and Ellard of the 31st:
A bill to amend the income tax laws; to provide an additional exemption of $600.00 for blind tax payers; to provide non profit agricultural associations operated under the Cooperative Marketing Act of 1921 be exempt from taxation; to provide for deduction of medical care for tax payers over 65, and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 252. By Senator Rawls of the lOth and Lancaster of the 28th:
A bill to amend Section 92-1403 of the Motor Fuel Tax Law to provide that the Motor Fuel Tax shall not be imposed upon gasoline used in aircraft motors; and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 276. By Senators Rawls of the lOth, Connell of the 6th, Carlisle of the 7th and Millican of the 52nd:
A bill to amend the teachers Retirement System by providing that

1870

JOURNAL OF THE HOUSE,
membership of any teacher shall not be terminated during any period of absence made necessary by the adoption of children by said teacher, and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 278. By Senators Williams of the 19th and Trotter of the 7th:
A bill to provide that all fees of Solicitors of City Courts, Justices of the Peace, Constables, Sheriffs, Clerks and Solicitors General shall be paid from fines imposed before any other claims have been paid, and for other purposes.

The Senate has agreed to the House amendment to the following bill of the Senate:

SB 336. By Senator Trotter of the 37th:
A bill to provide for licensing of domestic and foreign insurance companies and for fraternal benefit societies doing business in Georgia; to provide annual licenses from the Insurance Commissioner, and for other purposes.
The Senate has receded from its position on the following bill of the House:
HB 889. By Mr. McCracken of Jefferson:
A bill to amend Code Section 95-1605 of the law stating "Powers and Duties of the State Highway Board" (Ga. Laws 1950, pp. 62-65), by providing that the State Highway Board shall not be charged with the duty, nor have the power, to regulate the size or location of driveway entrances into the highway of a municipality having a population of 5,000 or over, according to the latest U. S. Census, and for other purposes.
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 996. By Messrs. Key of Jasper, Ray of Warren and others:
A bill to amend an Act known as the General Tax Act, approved March 28, 1935 (Ga. Laws 1935 page 11) as amended, particularly by an Act approved Feb. 19, 1951 (Ga. Laws 1951 page 157) so as to make certain changes in the license or occupation tax relating to corporations; to repeal conflicting laws, and for other purposes.
HB 949. By Messrs. Rogers of Heard, Biggers of Meriwether, and others: A bill to protect livestock and domestic animals from infection with rabies by wild animals; to authorize the Commissioner of Agriculture by order to declare the wild animals of the entire state, or any area thereof, infected with rabies, and for other purposes.

TUESDAY, FEBRUARY 12, 1952

1871

HR 229. By Messrs. Gowen and Nightingale of Glynn:
A resolution proposing to the qualified voters of the State of Georgia, an amendment to Article VII, Section VII of the Constitution of the State of Georgia so as to authorize Glynn County to levy and collect taxes and assessments to acquire and maintain works, projects and undertakings to prevent and retard land erosion by action of the seal or elements, and for other purposes.

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

HB 884. By Messrs. Pickett of Pickens and Murr of Sumter:
A bill to provide the Department of Public Safety with the authority to assess fees for its services in providing copies or photostats of accident reports to individuals, firms and corporations; to empower the Department of Public Safety with the authority to provide such copies of reports, and for other purposes.

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

HB 934. By Mr. M. Smith of Fulton:
A bill to amend the Act approved March 27, 1947 (Ga. Laws 1947, p. 1139), relating to gambling or betting on any game, sport or athletic contest and the offering or giving of anything of value to influence the result of any game, sport or athletic contest, and for other purposes.

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

HB 709. By Messrs. Hand and Twitty of Mitchell and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that it shall be the duty of all dealers to make their returns for taxes collected for any month by the 15th day of the following month; to provide an effective date, and for other purposes.

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

HB 507. By Messrs. Rogers of Heard, Boggus of Ben Hill and others:
A bill to provide for licensing of Dealers and Brokers of Livestock, and for other purposes.

1872

JOURNAL OF THE HOUSE,

Mr. Speaker:
The Senate has passed, by substitute as amended, by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 330. By Mr. Smith of Fulton:
To define accounts receivable, to provide a method of giving notice of assignments of accounts receivable through a recording system, to provide for recording such notice, for the cancellation thereof, to fix fees for recording and cancelling such notice, and for other purposes.

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 969. By Messrs. Rogers of Heard, Biggers of Meriwether and others:
A bill to amend an Act known as the General Appropriations Act" approved February 21, 1951 (Ga. Laws 1951, page 417), so as to appropriate One Hundred Thousand Dollars additional funds to the Agricultural Department of Georgia for the purpose of controlling and exterminating rabies in foxes and other wild animals, and for other purposes.

HR 245. By Messrs. Matthews and Pittard of Clarke and others:
A resolution proposing an amendment to Article VII Section II Paragraph 1 of the Constitution so as to extend to the employees of the State of Georgia any department of the State, any state institution or political subdivision of the state, and to dependents and survivors of such employees, basic protection accorded others by the Old Age and Survivors Insurance Program under the Social Security Act, and for other purposes.

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

HR 163. By Messrs. Murr and Burgamy of Sumter:
A resolution proposing that the Department of Safety be directed to pay out of the funds available to the Department of Public Safety the sum of $4,000.00 dollars to cover hospital bills, doctors bills, nurses bills, and other incidental expenses in connection with the treatment of the injuries of J. W. Southland, and for other purposes.
Mr. Speaker:
The Senate has passed, by substitute, the requisite constitutional majority the following bills and resolutions of the House to wit:

HB 916. By Messrs. Twitty of Mitchell and Greer of Lanier: A bill to authorize the adjustment of the annual rate of compensation

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1873

allowances fixed by law for officials and employees in the executive branch of the State Government, to meet the present day economic conditions, to establish a formula for making the adjustments, and for other purposes.

By unanimous consent, the following bills of the Senate were taken up for consideration and read the third time:
SB 394. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act relating to payment of pensions to Employees of Fulton County, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 398. By Senator Millican of the 52nd: A bill to be entitled an Act to amend an Act so as to change the hours for holding elections in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 401. By Senator Williams of the 47th: 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 105, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 311. By Senator Grayson of the 1st: A bill to be entitled an Act to amend an Act so as to change the qualifications of the judge of the city court 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.
SB 283. By Senator Grayson of the 1st:

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A bill to be entitled an Act to amend an Act creating the commissioners 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.

SB 274. By Senator Grayson of the 1st:
A bill to be entitled an Act to amend an Act establishing a charter for 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 108, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 310. By Senator Grayson of the 1st:
A bill to be entitled an Act to amend an Act so as to provide for the office of chief judge of the Municipal Court 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 109, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 399. By Senator Edenfield of the 2nd:
A bill to be entitled an Act to amend an Act so as to provide for the time for holding elections in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 110, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 328. By Senator Millican of the 52nd:
A bill to be entitled an Act to establish a commission to study pension provisions in certain counties, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 111, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 382. By Senator Millican of the 52nd:

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1875

A bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, and for other purposes.

The following amendment was read and adopted:
Messrs. Hoke Smith, Muggsy Smith and Luther Alverson of Fulton move to amend SB 382 by adding a new section to be known as 2A thereof and inserting in lieu thereof the following:
"SECTION 2A. That the corporate limits of East Point be extended to include the following described property:
BEGINNING at a point at the southeasterly corner of Land Lot 154 of the 14th District of Fulton County, said point being located at the intersection of the Corporate Limits of the City of Atlanta and East Point, Georgia; running thence westerly along the southerly line of Land Lots 154 and 167 of said District to a point eight hundred (800) feet west of the easterly line of Land Lot 167; thence northerly eight hundred (800) feet from and parallel with the easterly line of Land Lot 167 to the northerly line of Land Lot 167; thence easterly along the northerly line of Land Lots 167 and 154 a distance of two thousand and fifty (2,050) feet, more or less, to the westerly line of the property of the United States; thence southerly seventeen hundred (1700) feet, more or less, and easterly one thousand five hundred and ninety-three (1,593) feet along the property of the United States to the easterly line of Land Lot 154; thence southerly along the easterly line of Land Lot 154 thirteen hundred (1300) feet, more or less, to the point of beginning."
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.

The following bill of the Senate was again taken up for consideration:

SB 362. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to change the name of recorder court to municipal court of Atlanta, and for other purposes.

The following amendment was read and adopted:
Messrs. Hoke Smith, Muggsy Smith and Luther Alverson of Fulton move to amend SB 362 by adding thereto the following section to the appropriately numbered:
"SECTION ....... That the following described territory be withdrawn from the corporate limits of the City of Atlanta:
BEGINNING at a point at the southeasterly corner of Land Lot 154 of the 14th District of Fulton County, said point being located at the intersection of the Corporate Limits of the City of Atlanta and East Point, Georgia; running thence westerly along the southerly line of Land Lots 154 and 167 of said District to a point eight hundred

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(800) feet west of the easterly line of Land Lot 167; thence northerly eight hundred (800) feet from and parallel with the easterly line of Land Lot 167 to the northerly line of Land Lot 167; thence easterly along the northerly line of Land Lots 167 and 154 a distance of two thousand and fifty (2,050) feet, more or less, to the westerly line of the property of the United States; thence southerly seventeen hundred (1700) feet, more or less, and easterly one thousand five hundred and ninety-three (1,593) feet along the property of the United States to the easterly line of Land Lot 154; thence southerly along the easterly line of Land Lot 154; thirteen hundred (1300) feet, more or less, to the point of beginning."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 113, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, the following bills of the Senate were taken up for consideration and read the third time:

SB 363. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to authorize the erection of an overhead passageway by Fulton Bag and Cotton :i.VIills, and for other purposes.
Fulton delegation moves to amend SB 363 by striking Section 3 in its entirety and by adding thereto the following sections appropriately numbered after Section 2:
SECTION 3. For the purpose of raising revenue to cooperate with and assist any Housing Authority created under the Housing Authorities Law (Georgia Laws, 1937, p. 210 et seq.) with respect to Redevelopment Projects as authorized by the "Redevelopment Law" (Acts 1946, pp. 157-163, as amended Acts 1951, pp. 683-691), or as may be authorized by subsequent amendments thereof, the Mayor and General Council shall have full power and authority to provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property, which, under the laws of the State, is subject to taxation within the incorporate limits of said City, not exceeding % mill on each dollar of the assessed value thereon for any calendar year. Further, the aggregate of all levies made hereunder shall not exceed 2 mills on each dollar of said assessed value thereon for all years.
SECTION 4. The proceeds of said taxation shall be used exclusively for the purposes set forth in Section 2 hereof. The proceeds of the levy, when collected, shall be paid into a special trust fund free from all charges for any other purpose within a period of 15 years. Any funds remaining in the said special trust fund after the expiration of 15 years may then be appropriated and used for the support and maintenance of the City Government.
SECTION 5. The Comptroller of the City of Atlanta is specifically authorized to invest unused funds in short term securities until

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1877

required in connection with such redevelopment projects.

The Fulton delegation moves to amend SB 363 by adding after Section 5 the following section appropriately numbered ( 6).
On and after March 1, 1952 the salary of the Chief Plumbing Inspector of the City of Atlanta shall be not less than $5,000 dollars per annum payable in monthly or semi-monthly installments out of the general fund of the City of Atlanta. This salary shall be subject to increase or decrease by City Council after December 1, 1952.

Representative Smith moves to amend SB 363 by adding the following Section to be appropriately numbered (7) after Section 6.
The salaries of all officers and employees of the City of Atlanta as fixed by an amendment to this charter enacted on the 11th day of February 1952 (HB 962) shall remain in full force and effect until June 30, 1952. Thereafter, such salaries shall be subject to uniform increases and decreases by the governing authorities of said city. The provisions of this amendment shall not apply to the salaries of the Mayor and members of the general council.
SECTION 8. All laws and parts of laws in conflict herewith are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 114, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

SB 273. By Senator Millican of the 52nd:
A bill to be entitled an Act to amend an Act so as to require the approval of the budget for health purposes to be approved by the proper taxing authorities of the county, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 103, nays 0.
The bill, having received the requisite constitutional majority, was passed.

Mr. Gowen of Glynn moved that the House reconsider its action in failing to pass the following bill of the Senate:

SB 345. By Senators Carlisle of the 7th and Connell of the 6th:
A bill to be entitled an Act to amend an Act creating the positions of judges emeritus of the court of appeals, and for other purposes.
The motion to reconsider prevailed, and the bill was placed at the foot of the calendar.

Mr. Cranford of Coweta moved that the House reconsider its action in

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passing the following bill of the Senate:

SB 260. By Senator Rawls of the lOth:
A bill to be entitled an Act to amend an Act so as to include certain departments of the state under the merit system, and for other purposes.
The motion to reconsider prevailed, and the bill was placed at the foot of the calendar.

By unanimous consent, the Clerk was directed to correct certain typographical errors in HB 781.

The following resolution of the House was read and adopted:

HR 323. By Mr. Twitty of Mitchell:

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 5 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 to remain at the Capitol 15 days after the adjournment of the General Assembly for the purpose of completing records and the necessary work in his office. The Clerk is authorized to retain the help he was authorized to employ by a previous Resolution of the House for as much of said 15 days as to him may seem necessary and proper.
If conditions warrant the same, in the opinion of the Speaker, he may direct the clerk to open the Clerk's office, for such time as the Speaker deems expedient, the compensation of the Clerk for such period not to exceed one fourth ( 14) of his per diem now fixed by law, which shall include all necessary secretarial help.
BE IT FURTHER RESOLVED that the Chairman of the Engrossing, Enrollment and Auditing Committees and 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 5 days after adjournment for the purpose of checking the bills and auditing the expenses and doing whatever is necessary by the said Committees and the members here in authorized to remain.
BE IT FURTHER RESOLVED that the Post Mistress of the House be authorized to remain at the Capitol 3 days for the purpose of forwarding member's mail.
BE IT FURTHER RESOLVED that the Chairman of the Penitentiary Committee be authorized to appoint a sub-committee to consist of not more than 6 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.30 days in number, unless ordered by the Speaker in a case of an emergency.

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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 10 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 Honse 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.

Under the regular order of business, the following bill of the Senate was taken up for consideration, and read the third time:

SB 230. By Senator Pittman of the 53rd:
A bill to be entitled an Act to amend an Act relating to the appraisal of estray livestock, and for other purposes.
The report 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 1.
The bill, having received the requisite constitutional majority, was passed.

Under the regular order of business, the following bill of the Senate was again taken up for consideration:

SB 294. By Senators Edenfield of the 2nd and Gould of the 4th:
A bill to be entitled an Act to provide for the control of wild life found in streams owned on both sides for the entire length thereof by one person, and for other purposes.

The following amendment was read and adopted:
Gowen of Glynn moves to amend SB 294 by striking from the caption the words "of the right of full control over the same; to vest them with" and the words "hunt and fish thereon, and to" and to add the word "certain" just before the words "tidal streams" so that the caption as amended will read:
"To vest in the adjoining owner or owners of certain tidal streams or estuaries the exclusive right to take shell fish therefrom; and for other purposes" and to further amend said bill by adding to Section 1 the words "over the shell fish" after the words "full control" and to further amend Section three of said bill by striking therefrom the words "to hunt or fish thereon or" and to further amend Section 4 of said bill by striking therefrom the words "hunt, fish or".
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.

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The bill, having received the requisite constitutional majority, was passed, as amended.

Under the regular order of business, the following bills and resolutions of the Senate were taken up for consideration and read the third time:
SB 370. By Senator Connell of the 7th: A bill to be entitled an Act to amend an Act relating to domestication of foreign corporations, and for other purposes.

The following committee substitute was read:

A BILL
To be entitled An Act to amend Chapter 22-16 of the Code of Georgia of 1933, which provides for the domestication of foreign corporations, by providing for the surrender of its domestic status by any such domesticated foreign corporation and of the powers, privileges and immunities acquired by any such corporation and its stockholders by virtue of such domestication; to prescribe the procedure with respect thereto and define the effect thereof; to amend 22-1601 of said Chapter 22-16 by defining the effect of domestication thereunder in respect of the rights and obligations of the corporation and its stockholders as between themselves; to provide for filing amendments to the charter of such domesticated foreign corporation; and for other purposes.
BE IT ENACTED by the General Assembly of Georgia:
SECTION 1
That Chapter 22-16 of the Code of Georgia of 1933, as heretofore amended, be further amended by adding thereto the following additional sections:
22-1610. Any foreign corporation which has become domesticated pursuant to this Chapter and acquired the status of a domesticated foreign corporation, may surrender its status as a domesticated foreign corporation and the powers, privileges and immunities acquired by it and its stockholders by virtue of such domestication, in the following manner:
"It shall file in the office of the Clerk of the superior court of the county in which the order of domestication was granted, or with the Secretary of State if the corporation is of a kind required to be incorporated by the Secretary of State, a petition setting forth the following facts:
" (a) The name and address of the corporation.
"(b) The State of the incorporation of such corporation as of the date of the filing of the petition.
"(c) The date of the order of the superior court, domesticating the corporation, or the date of the filing of the petition therefor with the Secretary of State, if such corporation was domesticated by the Secretary of State.

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" (d) That all known debts of the corporation within the State of Georgia have been fully paid and satisfied or ample provision made therefor.
"(e) A certified copy, under the seal of the corporation, of the resolution adopted by the board of directors of such corporation at a regular or special meeting of such corporation, specifically authorizing the corporation to file such petition to surrender its status as a domesticated foreign corporation, to surrender the powers, privileges and immunities acquired by reason of its domestication, and to be relieved of the obligations, duties, liabilities and disabilities acquired by it by reason of its domestication.
22-1611. Said petition, together with the resolution required by the preceding section to be attached thereto, shall be published once a week for four weeks in the official organ of the county in which the petition is filed, as provided by 22-303 of the Code of Georgia of 1933. Ii the petition is proceeding before the Secretary of State, it shall be published in the official organ of Fulton County.
22-1612. After such publication the judge of the superior court of the county in which the petition has been filed or the Secretary of State, if the petition is filed with the Secretary of State, shall examine said petition and the accompanying documents, including proof of its publication. If the judge or the Secretary of State, as the case may be, shall find that the allegations of the petition are true, that it has been properly published and that the purpose of the corporation is not contrary to the public policy of this State, he shall enter an order accepting the surrender of the status of such corporation and of the powers, privileges and immunities acquired by the corporation and its stockholders by virtue of its domestication, and relieving the corporation of the obligations, duties, liabilities and disabilities resulting from its domestication. Thereafter the status of the corporation shall be as if it had not been domesticated.
22-1613. Upon the entry of the order granting the prayers of the petition as provided by the preceding section, the clerk of the superior court shall deliver to the petitioner two certified copies of the petition and the order thereon, which shall be delivered by the petitioner to the Secretary of State, together with the fees required to be paid the Secretary of State under 22-1809 of the Code of Georgia of 1933 as amended. The Secretary of State shall file and record the petition in the manner provided by law for filing and recording applications for charters and return a copy to the petitioner with his certificate thereon, which shall constitute evidence of the surrender by the corporation of its domesticated status in the way and manner provided by this chapter as amended. If the petition shall have been originally filed with the Secretary of State, he shall, upon entering the order thereon, deliver a certified copy of the petition, with the order, to the petitioner.
" 22-164. Any domesticated foreign corporation which surrenders its domesticated status and the powers, privileges and immunities incident thereto in the manner provided by Section 22-1610, 22-1611, 22-1612 and 22-1613 of this Chapter shall

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thereupon become and be, for all intents and purposes, a foreign corporation, and it and its stockholders shall be subject to all of the laws of this State relating to foreign corporations. It shall thereafter, and for the calendar year in which its domesticated status is surrendered, pay occupational taxes as a foreign corporation."
SECTION 2
That 22-1601 of said Chapter 22-16 of the Code of Georgia of 1933 be amended by adding at the end thereof the following:
"Provided, however, that the votes, consents, and other conditions requisite to any action by any such domesticated foreign corporation, and all right and obligations as between the corporation and its stockholders, or any class of them, and of the stockholders of any such corporation as between themselves, shall be determined by laws of the home State, and any amendment of the charter of any such domesticated foreign corporation in accordance with the laws of the home State shall be effective for all purposes under the laws of this State, upon the filing in the office of the Secretary of State of this State of a certified copy of such amendment, and the payment to the Secretary of State of the fee required by 22-1606 of this Chapter as amended, on any increase in authorized capital stock provided for such amendment."
so that said 22-1601 as amended shall read as follows
"All foreign corporations doing business in this State, of which may hereafter do business in this State, and whose business is not against the public policy of this State, shall have the power to become domesticated in the manner hereinafter pointed out; and upon being domesticated such corporations and the stockholders thereof shall have the same powers, privileges, and immunities as similar corporations created under the laws of this State, and the stockholders thereof have, subject to the same obligations, duties, liabilities and disabilities as if originally created under the laws of this State, and shall no longer have that power of removing causes to the United States courts which inheres in foreign corporations: Provided, however, that the votes, consents, and other conditions requisite to any action by any such domesticated foreign corporation, and all rights and obligations as between the corporation and its stockholders, or any class of them, and of the stockholders of any such corporation as between themselves, shall be determined by the laws of the home State, and any amendment of the charter of any such domesticated foreign corporation in accordance with the laws of the home State shall be effective for all purposes under the laws of this State, upon the filing in the office of the Secretary of State of a certified copy of such amendment, and the payment to the Secretary of State of the fee required by 22-1606 of this Chapter as amended, on any increase in authorized capital stock provided for by such amendment."
SECTION 3
All laws and parts of laws in conflict with this Act are hereby repealed.

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1883

The following committee amendment to the substitute was read and adopted:
The Committee moves to amend the Substitute SB 370, by adding a new section, to be appropriately numbered, as follows:
Section 3. That said Chapter 22-16 of the Code be further amended by striking from lines 8 and 9 of Section 22-1602 the words "a majority of its stockholders," and inserting the words "its Board of Directors", and by striking from line 13 of said Section 22-1602 the word "stockholders" and inserting the word "directors", so that said Section 22-1602 shall read as follows:
"22-1602. Petition for domestication.-The foreign corporations referred to in the foregoing section, which desire to become domesticated shall file a petition to that effect in the office of the clerk of the superior court of the county in which it desires to have its principal place of business, if the said corporation is of that kind which, if originally incorporated under the laws of Georgia, would have been incorporated by the superior court, and shall set out a certified copy of the charter granted by its home State and a certified copy of the resolution adopted by its Board of Directors, in meeting assembled, authorizing the filing of said petition; and if said corporation is of the kind which would have been originally incorporated under the laws of this State by the Secretary of State, the aforementioned petition, certified copy of charter and certified copy of the resolution of the directors shall be filed with the Secretary of State."
And by adding to the caption, just before the words "and for other purposes", the following:
"to amend Section 22-1602 of said Chapter by authorizing petitions for domestication upon approval of the directors of a foreign corporation;".
And by changing the number of the repealing clause to No. 4.
The committee substitute, as amended, was adopted.
The report of the committee, which was favorable to the passage of the bill, by substitute, as amended, was agreed to.
On the passage of the bill, by substitute, as amended, the ayes were 103, nays 1.
The bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

SB 69. By Senator Mavity of the 44th:
A bill to be entitled an Act to amend an Act creating a state board of corrections, and for other purposes.
The report 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 5.
The bill, having received the requisite constitutional majority, was passed.

SB 317. By Senators Rawls of the lOth, Mavity of the 44th, and others:

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A bill to be entitled an Act to amend Section 50-103 of the 1933 Code of Georgia, relating to writs of habeas corpus, and for other purposes.

The following committee amendment was read and adopted:
The committee moves to amend HB 317 by striking the last sentence which reads as follows: "All cases of habeas corpus pending before any ordinary at the time of the passage of this act shall be transferred to the superior court of the county wherein said habeas corpus petitions are pending, and it shall be the duty of ordinary to transfer such cases."
Mr. Jackson of Jones moved that the bill be tabled.
On the motion to table, the ayes were 50, nays 59.
The motion to table was lost.
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to.
On the passage of the bill, as amended, the ayes were 58, nays 57.
The bill, having failed to receive the requisite constitutional majority, was lost.

SR. 47. By Senator Stephens of the 50th:

A RESOLUTION
Proposing to the qualified voters of the State of Georgia an amendment to Article VII, Section II, Paragraph I, Subparagraph 5 of the Constitution of the State of Georgia of 1945, by striking from said Subparagraph 5 the words, "who were married to such soldiers prior to January 1, 1920, and, "so as to provide that the General Assembly may exercise the power of taxation for the purpose of making provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried; to provide for the submission of this amendment for ratification or rejection by the people; to repeal all conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, and it is hereby resolved by authority of the same:
Section 1. That Article VII, Section II, Paragraph I, Subparagraph 5 of the Constitution of the State of Georgia of 1945 be amended by striking from said Subparagraph 5 the words, "who were married to such soldiers prior to January 1, 1920, and, "so that said paragraph, as amended, shall read as follows:
"The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only:
"1. For the support of the State Government and the public institutions.
"2. For educational purposes.
"3. To pay the principal and the interest on the public debt and to provide a sinking fund therefor.

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"4. To suppress insurrection, to repeal invasion, and defend the State in time of war.
"5. To make provision for the payment of pensions to exConfederate soldiers and to the widows of Confederate soldiers who are unmarried.
"6. To construct and maintain State buildings and a system of State highways, airports, and docks.
"7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided no indebtedness against the State shall ever be created for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder for such purposes.
"8. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia.
"9. For public health purposes."
Section 2. Be it further resolved by the authority aforesaid, that when the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two houses of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, the Governor shall be and he is hereby authorized and instructed to cause such amendment to be published in one or more newspapers in each Congressional District of this State, for two months next preceding 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 ballot the words: "For ratification of amendment to Article VII, Section II, Paragraph I, Subparagraph 5 of the Constitution of the State of Georgia of 1945, so as to provide that the General Assembly may exercise the power of taxation for the purpose of making provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried," and all persons opposing the adoption of said amendment shall have written or printed on their ballots the words: "Against ratification of amendment to Article VII, Section II, Paragraph I, Subparagraph 5 of the Constitution of the State of Georgia of 1945, so as to provide that the General Assembly may exercise the power of taxation for the purpose of making provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried." If the people shall ratify such amendment by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of the Constitution of this State. The returns of the election shall be made in like

1886

JOURNAL OF THE HOUSE,

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.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Brantley Adams of Evans Adams of Upson Alverson Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen Brantley Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay Coffin Coogle Cranford Dally Deason Deen Denton

Dews Dicus Durham Edenfield Fears Flynt Freeman Garrard Gary Gowen Graham Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Hadden Hale Hall of Toombs Harper Harris Henderson Hilton Hollis Hopkins Huddleston lvey Jackson Johnson of Hall Jolly Jones of Lumpkin Kelley Kemp Key Kidd King
Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock

Little Lovett McCracken McGarity McWhorter Mackay Mangum Matthews Mims Mishoe Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Parker Peacock Perkins Pickard Pickett Pittard Ramsey Raulerson Register Robertson of Coweta Robertson of Dawson Rogers Rowland Russell Scott Sheffield Short Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton Stewart Stocks Tamplin Terry

TUESDAY, FEBRUARY 12, 1952

1887

Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vickers

Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Wilkinson

Williams of Cobb Williams of Houston Willingham Willis Wood Wooten Wright

Those not voting were Messrs.: Abney of Catoosa, Abney of Walker, Aycock, Brazeal, Cornelius, Covington, Dorsey, Duncan, Durden, Gardner, Gillis, Green of Cherokee, Guthrie, Hall of Floyd, Harrell, Hawkins, Herrin, Holley, Hood, Jessup, Johnston, Jones of Bartow, Jordan, Kennedy, Leach, McGee, McKelvey, Mull, Page, Ray, Risner, Rollins, Scoggin, Simmons, Sivell, Hoke Smith of Fulton, Stephens of Towns, Stevens of Marion, Sumner, Tarbutton, Tarpley, Vandiver, Walker of Crawford, Warren, and Mr. Speaker.
By unanimous consent, verification of the roll call was dispensed with.
On the adoption of the resolution, the ayes were 160, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

SB 282. By Senators Connell of the 6th, Rawls of the lOth, and others:
A bill to be entitled an Act to provide for pensions for clerks of the superior courts, and for other purposes.

The following amendments were read and adopted:
Mr. Freeman of Monroe moves to amend SB 282 by adding a new paragraph to be appropriately numbered to read as follows:
"The State Auditor is authorized and directed to make an annual audit of the acts and doings of the Board and to make a complete report of the same to the Legislature. The report shall disclose all moneys received by the Board, and all expenditures made by the Board including administrative expense and payments made as annuities and benefits. He shall also make an audit of the affairs of the Board at any time requested by a majority of the Board or the Governor of the State."

Mr. Freeman of Monroe moves to amend SB 282 by adding at the end of Section 1 the following sentence:
"The Governor of the State and the Attorney-General shall also be members of said Board".

Mr. Freeman of Monroe moves to amend SB 282 by adding a new paragraph to read as follows:
"Notwithstanding anything contrary thereto in this Act, no clerk shall be eligible to receive retirement under this Act though he has met other requirements of this Act, until he arrives at the age of fifty-five (55) years.

1888

JOURNAL OF THE HOUSE,

Mr. Key of Jasper moves to amend SB 282, Section 9, line 8, by adding after the word "Court" the following:
"or the period of service as member of the armed forces of the United States of America, in event the tenure of office as Clerk was broken by said military service."
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Brantley
Adams of Evans
Alverson
Aycock
Ball
Barber of Jackson Bargeron Barrett Baughman Beasley Bentley Biggers Birdsong Black Boggus Boone Brannen Brantley Britton Brooks Byrd Campbell of Walker Carr Cates Clark Clary Cornelius Cranford Dally Deen Denton Dews Dorsey Duncan Durham Edenfield Flynt Freeman Gardner Garrard Gary Gillis

Gowen
Graham
Green of Irwin
Green of Rabun
Greene of Crisp
Greer Groover Hadden Hall of Toombs Harris Hawkins Hilton Holley Hopkins Huddleston Ivey Jackson Jolly Jones of Lumpkin Jordan Kemp Key Kidd Kitchens Knight Lam Langdale Lanier Lavender Lewis of Hancock McCracken McKelvey Mackay Mangum Matthews Mims l\'Iishoe Mull Murphy Musgrove Nelson

Neville
Newman
Overby
Parker
Perkins
Pickett Pittard Ramsey Ray Risner Robertson of Coweta Robertson of Dawson Rogers Rollins Rowland Russell Simmons Sivell Smiley Smith of Bryan M. M. Smith of Fultor Tamplin Terry Tillman Todd Trapnell Tumlin Turk Twitty Ursrey Walker of Crawford Walker of Telfair Warren Wheeler Whitworth Wiggins Wilkinson Williams of Cobb Williams of Houston Willingham

TUESDAY, FEBRUARY 12, 1952

1889

Those voting in the negative were Messrs.:

Adams of Upson Barber of Colquitt Battles Bell of DeKalb Best Bolton Burgamy Burkett Clay Coogle Dicus Griffith Guthrie Henderson Herrin

Hollis Johnson of Hall Kelley King Little Lovett McGarity McWhorter Murr Nightingale Otwell Owens Page Pickard Raulerson

Register Scoggin Sheffield Stevens of Marion Stewart Vandiver Vickers Waldrop
Weems White Wilkes Wood Wooten Wright

Those not voting were Messrs.: Abney of Catoosa, Abney of Walker, Bell of Richmond, Brazeal, Callier, Campbell of Oconee, Claxton, Coffin, Covington, Deason, Durden, Fears, Green of Cherokee, Hale, Hall of Floyd, Harper, Harrell, Hood, Jessup, Johnston, Jones of Bartow, Kennedy, Leach, Lewis of Greene, McGee, Peacock, Scott, Short, Smith of Emanuel, Hoke Smith of Fulton, Stephens of Towns, Stocks, Sumner, Tarbutton, Tarpley, Tippens, Willis, and Mr. Speaker.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, as amended, the ayes were 123, nays 44.
The bill, having received the requisite constitutional majority, was passed, as amended.

SR 106. By Senator Millican of the 52nd:

A RESOLUTION
To propose to the qualified voters of Georgia an amendment to Article XI, Section I, Paragraph VI of the Constitution of Georgia of 1945, so as to authorize the General Assembly to provide for the assessment of property in counties having a city located therein with a population of more than 300,000 and such cities for tax purposes by a joint Board of Assessors and to create and provide for an agency to review and revise such assessments.
SECTION 1
Be it resolved by the General Assembly of the State of Georgia that Article XI, Section 1, Paragraph VI of the Constitution of Georgia of 1945 be amended by adding thereto the following:
"The General Assembly of Georgia shall have the power by general, local or special law applicable to all counties having therein the greater part of a city with a population of 300,000 or more, according to the United States Census of 1950 or any future United States Census and to said city including any portions which lie in one or more counties, without regard to the uniformity provisions of this Constitution, to:

1890

JOURNAL OF THE HOUSE,
"(a) Provide for the establishment of a board of tax assessors, to define the jurisdiction, powers and duties thereof, the number, terms and qualifications of the members of such board, method of appointment, filling vacancies, removal and remuneration, and
"(b) Authorize said board to assess all taxable property in said county for state and county purposes and for the school district, and to assess all taxable property for the city including any portions of the city which lie in one or more counties, for city purposes, and
"(c) Create a board of tax appeals and equalization, by whatever name designated, and to define the jurisdiction, powers and duties thereof and the number, terms and qualifications of the members of such board and methods of appointment, filling vacancies, removal and remuneration of its members, and establish procedures for appeals from assessments made by the board of tax assessors and for the equalization of said assessments which procedures shall be in lieu of any rights of arbitration or appeal heretofore existing in the county or in the city.
" (d) Authorize or direct appropriations by the county or the city, or by both, or provide otherwise, for the support of the board or boards created by the General Assembly.
"(e) The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1952. Any Act passed after January 1, 1952, germane to the subject matter of this amendment, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter, and the General Assembly is empowered, but not directed, to exercise such authority by one law pertaining to all or any one or more of said functions, which law may be passed prior to the submission of this amendment to the people."
SECTION 2
Be it further resolved 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 XI, Section I, Paragraph VI of the Constitution authorizing the General Assembly to provide for the assessment of property in Counties having a city located therein with a population of more than 300,000 and such cities for tax purposes by a joint Board of Assessors and to create and provide for an agency to review and revise such assessments", and all persons opposed to the adoption of said amendment shall have written or printed on their ballots the words, "Against the ratification of the amendment to Article XI, Section I, Paragraph VI of the Constitution authorizing the General Assembly to provide for the assessment of property in Counties having a city located therein with a population of more than 300,000 and such cities for tax purposes by a joint Board of Assessors and to create and provide for an agency to review and revise such assessments." If adopted

TUESDAY, FEBRUARY 12, 1952

1891

by the vote required under the Constitution, the said amendment shall become a part of Article XI, Section I, Paragraph VI, respectively of the Constitution of the State of Georgia.

The following amendment was read and adopted:
Messrs. M. Smith, H. Smith, and Luther Alverson of Fulton County, move to amend SR 106 by adding to section one thereof a new sub-section (f) as follows:
"(f). Nothing contained in this amendment shall be construed to apply to corporations and persons now required by law to return their property to the State Revenue Commission (formerly the Comptroller General) for ad valorem taxation."
By adding after the words uniformity provisions in the tenth line of Section One the following words: otherwise contained in this article, sectio"n, and paragraph of this Constitution, to:
By striking Sub-Section (b) of Section One and by substituting in lieu thereof a new Sub-Section to read as follows:
"(b). Authorize said board to assess all taxable property in the County and in the City for taxation by either for all purposes which is now or may hereafter be authorized by law."
Amend caption accordingly.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to, as amended.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs. :

Adams of Brantley Adams of Evans Adams of Upson Alverson
Ball Barber of Colquitt Barber of Jackson Bargeron Barrett Battles Baughman Beasley Bell of DeKalb Bell of Richmond Bentley Best Biggers Birdsong Black Boggus Bolton Boone Brannen

Brantley Britton Brooks Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay Coffin Coogle Cranford Dally Deason Deen Denton Dews

Dicus Durham Edenfield Fears Flynt Freeman Garrard Gary Gowen Graham Green of Irwin Green of Rabun Greene of Crisp Greer Griffith Groover Hadden Hale Hall of Toombs Harper Harris Henderson Hilton

1892

JOURNAL OF THE HOUSE,

Hollis Hopkins Huddleston Ivey Jackson Johnson of Hall Jolly Jones of Lumpkin Kelley Kemp Key Kidd King Kitchens Knight Lam Langdale Lanier Lavender Lewis of Greene Lewis of Hancock Little Lovett McCracken McGarity McWhorter Mackay Mangum Matthews Mims Mishoe

Murphy Murr Musgrove Nelson Neville Newman Nightingale Otwell Overby Owens Parker Peacock Perkins Pickard Pickett Pittard Ramsey Raulerson Register Robertson of Coweta Robertson of Dawson Rogers Rowland Russell Scott Sheffield Short Smiley Smith of Bryan Smith of Emanuel M. M. Smith of Fulton

Stewart Stocks Tamplin Terry Tillman Tippens Todd Trapnell Tumlin Turk Twitty Ursrey Vickers Waldrop Walker of Telfair Weems Wheeler White Whitworth Wiggins Wilkes Wilkinson Williams of Cobb Williams of Houston Willingham Willis Wood Wooten Wright

Those not voting were Messrs.: Abney of Catoosa, Abney of Walker, Aycock, Brazeal, Cornelius, Covington, Dorsey, Duncan, Durden, Gardner, Gillis, Green of Cherokee, Guthrie, Hall of Floyd, Harrell, Hawkins, Herrin, Holley, Hood, Jessup, Johnston, Jones of Bartow, Jordan, Kennedy, Leach, McGee, McKelvey, Mull, Page, Ray, Risner, Rollins, Scoggin, Simmons, Sivell, Hoke Smith of Fulton, Stephens of Towns, Stevens of Marion, Sumner, Tarbutton, Tarpley, Vandiver, Walker of Crawford, Warren, and Mr. Speaker.
By unanimous consent, the verification of the roll call was dispensed with.
On the adoption of the resolution, as amended, the ayes were 160, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.

SB 299. By Senators Hagan of the 17th, Gould of the 4th, and others: A bill to be entitled an Act to amend an Act so as to provide for the sale of reclaimed oil in labeled containers, and for other purposes.
An amendment offered by Mr. Brantley of Upson was read and lost.
The following amendment was read and adopted:

TUESDAY, FEBRUARY 12, 1952

1893

Mr. Pittard of Clarke moves to amend SB 299 by adding the following sentence at the end of Section 1:
"Provided, however, that nothing in this Act shall apply to the sale of unfiltered crankcase drainings."
The following committee amendment was read and adopted: Amend SB 299 by adding the following sentence at the end of Section 1:
"Provided, however, that nothing in this Act shall apply to the sale of crankcase drainings for use on live stock."
The report of the committee, which was favrable to the passage of the bill, as amended, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 111, nays 8.
The bill, having received the requisite constitutional majority, was passed, as amended.

The following bill of the House was taken up for the purpose of considering the Senate substitute and amendment thereto:

HB 330. By Mr. Smith of Fulton:
A bill to be entitled an Act to provide a method of gtvmg notice of assignments of accounts receivable, and for other purposes.
Mr. Key of Jasper moved that further consideration of the Senate substitute and amendment to HB 330 be postponed until 3:00 o'clock this afternoon, and the motion prevailed.

Under the regular order of business, the following bill of the Senate was again taken up for consideration:

SB 249. By Senator Williams of the 49th:
A bill to be entitled an Act to amend Section 32-903 of the 1933 Code of Georgia so as to provide that two members of the county boards of education shall be appointed from districts comprising more than onefifth of a county's 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 81, nays 41.
The bill, having failed to receive the requisite constitutional majority, was lost.

Under the regular order of business, the following bill of the Senate was again taken up for consideration:

SB 345. By Senators Carlisle of the 7th and Connell of the 6th:
A bill to be entitled an Act to amend an Ace creating the positions of judges emeritus of the court of appeals, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

1894

JOURNAL OF THE HOUSE,

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

Those voting in the affinnative were Messrs.:

Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Jackson Bargeron Battles Baughman Beasley Bell of DeKalb Bell of Richmond Best Birdsong Boggus Bolton Boone Brannen Britton Burgamy Burkett Byrd Callier Campbell of Oconee Campbell of Walker Carr Cates Clark Clary Claxton Clay Coffin Covington Dally Deen Dews Dicus Dorsey Duncan Durham Fears Freeman

Gardner Gowen Green of Cherokee Green of Rabun Greene of Crisp Greer Griffith Groover Hadden Hale Hall of Toombs Hawkins Hollis Hood lvey Jackson Johnson of Hall Jolly Jones of Lumpkin Kemp Key King Knight Langdale Lanier Lavender Leach Lewis of Hancock Lovett McCracken McGarity Mackay Mangum Matthews Mims Murphy Murr Musgrove Neville Newman Nightingale Otwell

Overby Owens Page Parker Perkins Pickett Pittard Ramsey Raulerson Risner Robertson of Coweta Robertson of Dawson Rogers Russell Scott Scoggin Short Simmons Smiley M. M. Smith of Fulton Stevens of Marion Stewart Tamplin Tarbutton Terry Todd Trapnell Tumlin Turk Twitty Vandiver Vickers Walker of Telfair Wheeler Whitworth Wiggins Wilkinson Williams of Cobb Williams of Houston Willingham Wood Wooten

Those voting in the negative were Messrs.:

Adams of Evans Biggers
Black Brantley
Cornelius Cranford Edenfield

Flynt Garrard Green of Irwin Henderson Herrin Hilton Kelley

Lam Little McKelvey Nelson Register
Rollins Sivell

TUESDAY, FEBRUARY 12, 1952

1895

Stocks Tillman Waldrop

Weems White Wilkes

Wright

Those not voting were Messrs: Abney of Catoosa, Abney of Walker, Barber of Colquitt, Barrett, Bentley, Brazeal, Brooks, Coogle, Deason, Durden, Gary, Gillis, Graham, Guthrie, Hall of Floyd, Harper, Harrell, Harris, Holley, Hopkins, Huddleston, Jessup, Johnston, Jones of Bartow, Jordan, Kennedy, Kidd, Kitchens, Lewis of Greene, McGee, McWhorter, Mishoe, Mull, Peacock, Ray, Rowland, Sheffield, Smith of Bryan, Smith of Emanuel, Hoke Smith of Fulton, Stevens of Towns, Sumner, Tarpley, Tippens, Ursrey, Walker of Crawford, Warren, Willis, and Mr. Speaker.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 126, nays 28.
The bill, having received the requisite constitutional majority, was passed.

Under the regular order of business, the following Bill of the Senate was taken up for consideration and read the third time:

SB 346. By Senators Carlisle of the 7th and Connell of the 6th:
A bill to be entitled an Act to create the position of chief justice emeritus, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Jackson Bargeron Battles Baughman Beasley Bell of DeKalb Bell of Richmond Best Birdsong Boggus Bolton Boone Brannen Britton Burgamy Burkett Byrd Callier

Campbell of Oconee Campbell of Walker
Carr Cates Clark Clary
Claxton Clay Coffin Covington Dally Deen Dews Dicus Dorsey Duncan Durham Fears Freeman Gardner Gowen Green of Cherokee Green of Rabun

Greene of Crisp Greer Griffith Groover Hadden Hale Hall of Toombs Hawkins Hollis Hood lvey Jackson Johnson of Hall Jolly Jones of Lumpkin Kemp Key King Knight Langdale Lanier Lavender Leach

1896

JOURNAL OF THE HOUSE,

Lewis of Hancock Lovett McCracken McGarity Mackay Mangum Matthews Mims Murphy Murr Musgrove Neville Newman Nightingale Otwell Overby Owens Page Parker

Perkins Pickett Pittard Ramsey Raulerson Risner Robertson of Coweta Robertson of Dawson Rogers Russell Scott Scoggin Short Simmons Smiley M. M. Smith of Fulton Stevens of Marion Stewart Tamplin

Tarbutton Terry Todd Trapnell Tumlin Turk Twitty Vandiver Vickers Walker of Telfair Wheeler Whitworth Wiggins Wilkinson Williams of Cobb Williams of Houston Willingham Wood Wooten

Those voting in the negative were Messrs.:

Adams of Evans Biggers Black Brantley Cornelius Cranford Edenfield Flynt Garrard Green of Irwin

Henderson Herrin Hilton Kelley Lam Little McGee Nelson Register Rollins

Sivell Stocks Tillman Waldrop Weems White Wilkes Wright

Those not voting were Messrs.: Abney of Catoosa, Abney of Walker, Barber of Colquitt, Barrett, Bentley, Brazeal, Brooks, Coogle, Deason, Denton, Durden, Gary, Gillis, Graham, Guthrie, Hall of Floyd, Harper, Harrell, Harris, Holley, Hopkins, Huddleston, Jessup, Johnston, Jones of Bartow, Jordan, Kennedy, Kidd, Kitchens, Lewis of Greene, McKelvey, McWhorter, Mishoe, Mull, Nelson, Peacock, Pickard, Ray, Rowland, Sheffield, Smith of Bryan, Smith of Emanuel, Hoke Smith of Fulton, Stephens of Towns, Sumner, Tarpley, Tippens, Ursrey, Walker of Crawford, Warren, Willis, and Mr. Speaker.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 126, nays 28.
The bill, having received the requisite constitutional majority, was passed.

Under the regular order of business, the following bills of the Senate were again taken up for consideration:

SB 260. By Senator Rawls of the lOth:
A bill to be entitled an Act to amend an Act so as to provide for the placing of certain personnel of certain departments under the merit system, and for other purposes.

TUESDAY, FEBRUARY 12, 1952

1897

The following amendments were read and adopted:
Mr. Cranford of Coweta moves to amend SB 260 by:
Inserting in the caption after the words "agency" the words "or employees".
And by:
Inserting after the word "agency" in the first paragraph of Section 1 thereof the words "or employees."
And by:
Adding a new sub-paragraph to Section l thereof to be numbered subparagraph (b) and to read as follows:
"The official, or group of officials, who is by law the governing head of the Department of Agency shall give his, or their, assent in writing to the Governor specifying any offices or positions of employment within such Department or Agency which shall be included under the provisions of said Act and designating the effective date such employees shall come under the provisions of said Act".
And by:
Renumbering the present subsections (b), (c) and (d) as subsections (c), (d) and (e), respectively.
And by:
Inserting after the word "agency" in line 3 of the renumbered subsection (c) the words "or employees".

Messrs. Gowen of Glynn and Twitty of Mitchell move to amend SB 260 by adding a new section to be appropriately numbered and to read as follows:
"This act shall not however apply to the maintenance employees of the State Highway Department of Georgia, and such maintenance employees of said department shall not be under the Merit System".

Mr. Kidd of Baldwin moves to amend SB 260.
Add between sub-section (a) and sub-section (b) of Section 1 the following sub-section:
(a-1) The employees of any department or agency of the State of Georgia which has not heretofore been included under the provisions of the Act approved February 4, 1943 as referred to above may petition the official or group of officials who is by law the governing head of the department or agency to give his or their assent in writing to the Governor as provided in Sub-section 1 (a) above. Upon receiving such a petition duly signed by at least seventy per cent ( 70%) of said employees, the official or group of officials shall within thirty calendar days from the date of receipt of said petition give his or their assent in writing as provided in Sub-section 1 (a) above.
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, the ayes were 107, nays 1.

1898

JOURNAL OF THE HOUSE,

The bill, having received the requisite constitutional majority, was passed, as amended.

SB 146. By Senator Edenfield of the 2nd:
A bill to be entitled an Act to amend an Act relating to the manner of procuring hunting and fishing licenses, and for other purposes.

The following committee amendment was read and adopted:
House Committee on Game and Fish moves to amend SB 146 by:
Adding to the caption thereof, by inserting after the words "to obtain the license" and before the words "and for other purposes", the words:
"To amend Code Section 45-222 of the 1933 Code of Georgia Supplement relating to non-resident fishing license fee, so as to change the fee";
And by:
Adding a new section thereto to be numbered "Section 2" in order to amend Code Section 45-222 of the 1933 Code of Georgia Supplement by striking the words, figures and symbols of "Ten Dollars and TwentyFive Cents ($10.25)" wherever the same may appear and inserting in lieu thereof the words "in the same amount as the State in which such non-resident of Georgia resides charges for a non-resident fishing license" so that said Section 45-222 when so amended shall read as follows:
"45-222. Non-resident fishing license fee for year from April 1; daily permits. Each non-resident of this State who desires to exercise the privilege of fishing in any of the waters of this State shall obtain from the Director of the Game and Fish Commission a license and pay therefor a license fee in the same amount as the State in which such non-resident of Georgia resides charges for a non-resident fishing license, and such license shall bear the date of April 1 of the year in which issued and shall expire on March 31 of the following year: Provided, that non-residents may purchase daily permits to fish within the waters of the State of Georgia open to fishing upon exhibiting a current fishing license issued by the State of his residence and upon the payment of the sum of One Dollar ($1.00) for each day for which a permit is desired.";
And by renumbering the present "Section 2" thereof to "Section 3".

The following amendment was read and adopted:
Mr. Langdale of Lowndes moves to amend SB 146 by adding a new section to be appropriately numbered and to read as follows:
"In the event the State in which a non-resident applicant resides has no provision for a fixed non-resident fishing license fee, then such applicant shall be charged the sum of $5.25 for a non-resident fishing license."
The report of the committee, which was favorable to the passage of the bill, as amended, was agreed to, as amended.

TUESDAY, FEBRUARY 12, 1952

1899

On the passage of the bill, as amended, the ayes were 118, nays 0.
The bill, having received the requisite constitutional majority, was passed, as amended.

The following bill of the House was taken up for the purpose of consider ing the report of the Conference Committee thereon:

HB 4.

By Messrs. Hand and Twitty of Mitchell, Ray of Warren, and others:
A bill to be entitled an Act to amend an Act relating to taxation of accounts receivable and notes receivable, and for other purposes.

The following Conference Committee report was read:

Mr. President, Mr. Speaker:
Your committee on conference on HB #4 begs to submit the following report:
That the House accept the Senate substitute with the exception of the following changes:
That Section 18 of the Senate substitute be stricken and the following inserted in lieu thereof.
"Section 18. Section 2 through 17 of this Act shall become effective January 1, 1953."
That the last sentence of Section 1 of the Senate substitute which is as follows: "Advancements of money made on agricultural commodities, where the person making the advancement retains possession of such commodities, shall be exempt from taxation as intangible property", be stricken.
Respectfully submitted,
/s/ H. S. Willingham /s/ E. E. Millican /s/ Ellison Dunn
On the Part of the Senate
Is/ Jack B. Ray /s/ W. H. Key /s/ J. Phil Campbell, Jr.
On the Part of the House
Mr. Key of Jasper moved that the House adopt the report of the Conference Committee.
On the motion, the ayes were 48, nays 99, and the motion was lost.
The House rejected the report of the Conference Committee.

Mr. Burgamy of Sumter moved that the House reconsider its action in failing to agree to the Senate substitute to HB 4.
Mr. Mims of Miller moved that the House postpone further consideration of the substitute and all amendments to HB 4 indefinitely.

1900

JOURNAL OF THE HOUSE,

On the motion, the ayes were 98, nays 16.
The motion prevailed, and further consideration of HE 4 was postponed indefinitely.

The following bills and resolution of the House were taken up for the purpose of considering the Senate amendments thereto:

HR 229-882c. By Messrs. Gowen and Nightingale of Glynn:
A resolution proposing an amendment so as to authorize Glynn County to levy taxes for the purpose of preventing land erosion, and for other purposes.

The following Senate amendment to HR 229-882c was read:
Senator Gould of the 4th District moves to amend HR 229-882c by:
Inserting at the end of and within the quoted matter contained in Section 1 of said Resolution the following provision:
"Provided, however, that the special assessment herein authorized shall not be levied against any person owning coastal property who has provided adequate bulkheads, sea wall, groins, sand dredgings or other works designed to prevent or retard the erosion of his property by action of the sea or elements, and said person or persons do not desire additional works, projects or undertakings to be constructed along the seacoast abutting the property owned by them."
Mr. Gowen of Glynn moved that the House agree to the Senate amendment to HR 245-927e.
On the motion, the ayes were 116, nays 0.
The Senate amendment was agreed to.

HE 709. By Messrs. Hand and Twitty of Mitchell:
A bill to be entitled an Act to amend an Act so as to change the date for filing sales tax returns, and for other purposes.

The following Senate amendment to HE 709 was read:
Senator Willingham of the 39th moves to amend HB 709 by adding to said Bill a new section to be numbered 1 (a) to be inserted after Section 1 and to read as follows:
The State Revenue Commissioner may in his discretion grant extensions upon written application therefo1 to the end of the calendar month in which any tax return is due hereunder, and no interest or penalty shall be charged, assessed or collected by the reason of the granting of such extensions."
Amend HE 709 by striking the figures "15" in line 13 of Section 1 and inserting in lieu thereof the figures "20".
Further amend Sec. 2, line 2 by striking the figures "15" and inserting in lieu thereof the figures "20".

TUESDAY, FEBRUARY 12, 1952

1901

Mr. Twitty of Mitchell moved that the House agree to the Senate amendment to HB 709.
On the motion, the ayes were 126, nays 0.
The Senate amendment was agreed to.

HB .507. By Messrs. Rogers of Heard, Boggus of Ben Hill, and others:
A bill to be entitled an Act to provide for the licensing of livestock dealers, and for other purposes.

The following Senate amendment to HB 507 was read:
Senator Carlisle of the Seventh District moves to amend HB 507-substitute as amended by changing the final period in that section of said bill originally numbered 9 and as amended renumbered Section 8 to a comma and adding thereafter the following words:
"Provided, however, nothing contained in this Act shall be construed to deny any applicant for a license any existing right to review by the Court of the Commissioner's action as now provided by law."
Mr. Rogers of Heard moved that the House agree to the Senate amendment to HB 507.
On the motion, the ayes were 116, nays 3.
The Senate amendment was agreed to.

The following bill of the House was again taken up for the purpose of considering the Senate substitute and amendment thereto:
HB 330. By Mr. Smith of Fulton: A bill to be entitled an Act to provide a method of g1vmg notice of assignments of accounts receivable, and for other purposes.
The following Senate substitute and amendment to HB 330 were read:

AN ACT
To regulate the assignment of accounts receivable; to define accounts receivable; to provide a method of giving notice of assignments of accounts receivable through a recording system; to provide for the recording of notice of assignment of accounts receivable and the cancellation thereof; to provide the effect of permission to the assignor to use accounts receivable or the proceeds thereof or otherwise exercise dominion over such accounts receivable; to repeal the provisions of Code Section 85-1803 providing for notice of assignment of accounts receivable by notation on the books of account of assignor; to repeal inconsistent 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 SAME:

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JOURNAL OF THE HOUSE,
SECTION 1.
Definition-Accounts receivable shall be deemed to include a right to sums due or to become due on open accounts or contracts; it excludes sums due on and rights represented by judgments, notes, bills of exchange, drafts, acceptances or other negotiable or non-negotiable instruments or agreements for the payment of money, the transfer of which is commonly made by endorsement on and delivery of the instrument or contract or insurance policies; also sums due under and rights represented by a chattel mortgage, bill of sale to secure debt, conditional sales contract, or other instrument reserving title to or creating a lien upon property; sums due or to become due from the United States of America or any department or agency thereof.
SECTION 2.
The assignee of any account receivable may file or cause to be filed in the Office of the Clerk of the Superior Court of the County in which the assignor's principal office is located, if assignor is a corporation, or in the County in which assignor's principal place of business is located if assignor is a partnership or a non-resident individual, or in the County of assignor's residence if assignor is a resident individual, a Notice of Assignment of Accounts Receivable signed by assignor or its authorized agent in form substantially as follows:
Notice of Assignment of Accounts Receivable
Date
----------has assigned one or more accounts receivable to
----------and contemplates the assignment of additional accounts to him during the effective period of this Notice of Assignment. Notice of such assignments and contemplated assignments is hereby given.

Narne of Assignor

Address

Narne of Assignee

Address

Signature, Assignor or Authorized Agent
To authorize recordation, such Notice of Assignment of Accounts Receivable must be signed by the Assignor and must be attested or proved in the manner now provided by law for the attestation or proof of mortgages on personal property to authorize recordation of such mortgages.
SECTION 3.
Such Notice of Assignment of Accounts Receivable shall become effective upon the filing thereof with the Clerk and shall be notice to all persons of all assignments made by the named assignor to the named assignee prior to the filing thereof and of all assignments made by such

TUESDAY, FEBRUARY 12, 1952

1903

assignor to such assignee during the effective period thereof, except that it shall not be notice to the debtors of such accounts. The effective period of such notice of Assignment of Accounts Receivable shall be four years from the filing thereof unless previously cancelled. Provided that such a Notice of Assignment of Accounts Receivable shall not constitute notice unless executed by the assignor and attested or proved in such manner as to entitle it to be recorded.
SECTION 4.
The Clerk shall record and index the Notice of Assignment of Accounts Receivable in the same manner as mortgages on personal property are recorded and indexed and shall be entitled to compensation for such recording as is now provided by law with regard to the recording of such mortgages.
SECTION 5.
Cancellation-Any person may present to said Clerk a cancellation signed by the assignee named in the Notice of Assignment of Accounts Receivable to be cancelled, its successors or assigns, cancelling said Notice, which cancellation shall be substantially in the following form. Cancellation of Notice of Assignment of Accounts Receivable.
Date

The Notice of Assignment of Accounts Receivable from,-----

to-----, datedi-----, recorded in the Office of Clerk, Sup-

erior Court of-----County, in Book---, at Page---, is hereby cancelled.

Assignee
Such cancellation shall be executed by the assignee, its successors or assigns, and shall be attested or proved in the same manner above provided for the attestation or proof of the Notice of Assignment of Accounts Receivable. The Clerk shall record said cancellation across the face of the record of the Notice of Assignment of Accounts Receivable, shall write thereon the word "cancelled", and the date of such entry and shall sign his name thereto officially. Such cancellation shall be effective upon the recording thereof by the Clerk and such notice of assignment shall not be notice of any assignments made after such cancellation is recorded. For such service the Clerk shall be paid a fee of fifteen cents (15) .
SECTION 6.
The method of g:tvmg notice of the assignment of accounts receivable herein provided shall be an additional method of giving such notice and shall not have the effect of repealing or abolishing any other method or methods of giving such notice as now provided by law.
SECTION 7.
For the purpose of this Act the principle office of a foreign corpo-

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JOURNAL OF THE HOUSE,

ration shall be that so designated in the most recent report made pursuant to Title 92, Section 2405, of the Georgia Code of 1933.
SECTION 8.
Any permission to the assignor of accounts receivable assigned as security for any debt to exercise dominion over such assigned accounts or to use any of the proceeds of such accounts shall not cause such assignment to be deemed fradulent as to creditors and shall not otherwise invalidate or impair the same.
SECTION 9.
The following provision of Code Section 85-1803 of the Georgia Code of 1933, added by the Act of 1943 (Georgia Laws 1943, page 263) is hereby repealed, to-wit:
"A notation on a page of the books of account of the assignor of an account receivable that the account or accounts receivable shown on such page have been assigned to an assignee named in the notation is notice to all persons, except the debtor or debtors of such accounts, that such account or accounts receivable have been assigned to the assignee named."
SECTION 10.
All laws and parts of laws in conflict herewith are hereby repealed.
Be amended by striking the word "and" in the 12th line of Section 1, after the word "property", and a semi colon should be placed after the word "thereof" instead of the period, and the following added:
"and sums arising from public or private construction contracts for which the assignor has furnished a surety bond guaranteeing the performance of the contract or the payment of labor and material claims arising therefrom."
Mr. Alverson of Fulton moved that the House agree to the Senate substitute and amendment to HB 330.
On the motion, the ayes were 107, nays 5.
The Senate substitute and amendment were agreed to.

The following bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 884. By Messrs. Pickett of Pickens and Murr of Sumter:
A bill to be entitled an Act to authorize the Department of Public Safety to assess fees for photostats, and for 6ther purposes.

The following Senate amendment to HB 884 was read:
Senator Williams of the 19th moves to amend HB 884 by adding a new section immediately before the repealing clause section to read as follows:
"The State Budget Bmeau is hereby authorized and directed to make an allotment of funds from funds already appropriated to the emergency fund to the Department of Public Safety in an amount suf-

TUESDAY, FEBRUARY 12, 1952

1905

ficient to pay the additional salary of employees authorized by Acts 1951 for the period from the date of approval of said Act to June 30, 1951, and the Department of Public Safety is hereby authorized and directed to pay same."
The Speaker ruled that the Senate amendment was not germane.
The House disagreed to the Senate amendment.

The following resolution of the House was read and adopted:

HR 324. By Mr. Greer of Lanier:

A RESOLUTION
WHEREAS, the General Assembly by an Act approved February 21, 1951 (Ga. Laws 1951, p. 635) increased the salaries of non-commissioned officers and troopers of the Georgia State Patrol, and
WHEREAS, the Director of the Department of Public Safety failed to pay the increase in compensation provided for in said Act from the date of the approval thereof until July 1, 1951, and
WHEREAS, the funds necessary to provide for said increases are available,
NOW, THEREFORE, BE IT RESOLVED by the House of Representatives that the Director of the Department of Public Safety is urged and requested to comply with the provisions of the aforesaid Act and pay the designated employees the amount of money which should have been paid to them from the date of the approval of said Act until July 1, 1951, and to which they are entitled.
BE IT FURTHER RESOLVED that the Budget Bureau is hereby urged and requested to make available the funds necessary for carrying out the provisions of this resolution.

Under the regular order of business, the following bill of the Senate was taken up for consideration and read the third time:

SB 312. By Senators Moate of the 20th and Rawls of the lOth:
A bill to be entitled an Act to amend an Act restricting the right of foreign corporations to own lands, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 104, nays 15.
The bill, having received the requisite constitutional majority, was passed.

Mr. Gardner of Dougherty moved that the following bill of the Senate be taken from the table:

SB 304. By Senator Rawls of the lOth: A bill to be entitled an Act to authorize the placing of advertising on

1906

JOURNAL OF THE HOUSE,

parking meter posts, and for other purposes. On the motion to take the bill from the table, the ayes were 35, nays 75. The motion was lost.

Under the regular order of business, the following bills of the Senate were taken up for consideration and read the third time:

SB 285. By Senator Gould of the 4th:
A bill to be entitled an Act to amend an Act relating to wilful trespass on the lands of another, and for othe1 purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 30, nays 77.
The bill, having failed to receive the requisite constitutional majority, was lost.

SB 371. By Senators Dunn of the 8th and Rawls of the lOth:
A bill to be entitled an Act to provide that actions upon contracts of lease shall be brought within two years, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 26, nays 97.
The bill, having failed to receive the requisite constitutional majority, was lost.

SB 369. By Senator Pittman of the 53rd:
A bill to be entitled an Act to amend an Act so as to provide for the sale of property levied upon by the state revenue commissioner, and for other purposes.
The following amendment was read and adopted:
Twitty of Mitchell moves to amend SB 369 by adding the following at the end of Sec. 1
"Provided however that all sales of personal or real property shall be advertised and conducted in accordance with the laws governing judicial sales".
The report of the committee, which was favorable to the passage of the bill, was agreed to, as amended.
On the passage of the bill, as amended, the ayes were 109, nays 1.
The bill, having received the requisite constitutional majority, was passed, as amended.
SB 347. By Senators Carlisle of the 7th and Connell of the 6th:

TUESDAY, FEBRUARY 12, 1952

1907

A bill to be entitled an Act to fix the salaries of certain employees of the supreme court, and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
The roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Abney of Catoosa Adams of Upson Alverson Aycock Ball Barber of Jackson Barrett Baughman Beasley Bell of DeKalb Biggers Birdsong Bolton Britton Burgamy Byrd Campbell of Oconee Cates Clark Clary Coffin Coogle Deen Dews Dicus Dorsey Durham Fears Freeman Gardner Gary Gillis Gowen Green of Rabun Greene of Crisp Greer

Griffith Groover Hadden Hale Hall of Toombs Harper Hawkins Holley Hollis Hood Hopkins Huddleston Jackson Johnson of Hall Kelley Key Kidd Kitchens Langdale Lanier Leach Lewis of Hancock Little McCracken McWhorter Mackay Mangum Matthews Mishoe Mull Murphy Murr Musgrove Nelson Neville Nightingale

Otwell Overby Page Parker Peacock Perkins Pickett Ramsey Robertson of Coweta Rollins Rowland Russell Scott Scoggin Short Simmons Sivell Smiley Stewart Tamplin Tarbutton Tarpley Terry Todd Trapnell Tumlin Twitty Vandiver Walker of Crawford Weems White Whitworth Wiggins Willingham Willis Wood

Those voting in the negative were Messrs.:

Adams of Brantley Barber of Colquitt Boggus Boone Brantley Carr Cornelius Duncan

Green of Irwin Guthrie Henderson Hilton Jones of Lumpkin King Knight Lam

Lovett McKelvey Pittard Rogers Tillman Tippens Turk Vickers

1908

JOURNAL OF THE HOUSE,

Wilkes

Wooten

Wright

Those not voting were Messrs.: Abney of Walker, Adams of Evans, Bargeron, Battles, Bell of Richmond, Bentley, Best, Black, Brannen, Brazeal, Brooks, Burkett, Callier, Campbell of Walker, Claxton, Clay, Covington, Cranford, Dally, Deason, Denton, Durden, Edenfield, Flynt, Garrard, Graham, Greene of Cherokee, Hall of Floyd, Harrell, Harris, Herrin, Ivey, Jessup, Johnston, Jolly, Jones of Bartow, Jordan, Kemp, Kennedy, Lavender, Lewis of Greene, McGarity, McGee, Mims, Newman, Owens, Pickard, Raulerson, Ray, Register, Risner, Robertson of Dawson, Sheffield, Smith of Bryan, Smith of Emanuel, M. M. Smith of Fulton, Hoke Smith of Fulton, Stephens of Towns, Stevens of Marion, Stocks, Sumner, Ursrey, Waldrop, Walker of Telfair, Warren, Wheeler, Wilkinson, Williams of Cobb, Williams of Houston, and Mr. Speaker.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 108, nays 27.
The bill, ha,ing received the requisite constitutional majority, was passed.

By unanimous consent, the Clerk was directed to correct certain typographical errors in HB 29.

Under the regular order of business, the following bills of the Senate were taken up for consideration and read the third time:

SB 339. By Senator Carlisle of the 7th:
A bill to be entitled an Act to provide that all fees received by the clerk of the court of appeals shall be the property 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 106, nays 17.
The bill, having received the requisite constitutional majority, was passed.

SB 29.

By Senators Harden of the 45th, Pittman of the 53rd, and Dunn of the 8th:
A bill to be entitled an Act to amend an Act relating to the dynamiting of fish, and for other purposes.

The following substitute was read and adopted:

A BILL
To be entitled an Act to amend Section 45-507 of the 1933 Code of Georgia, which section now makes it a misdemeanor to use dynamite or other explosives or destructive substances for the purpose of killing fish, so as to provide that any person who shall use any battery, generator, or other similar device or any dynamite or explosives or other destructive substances for the purpose of catching, killing, or harming fish shall be guilty of a felony; to provide the penalty therefor; to re-

TUESDAY, FEBRUARY 12, 1952

1'909

peal all conflicting laws, and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA, AND IT IS HEREBY ENACTED BY AUTHORITY OF THE SAME:
SECTION 1
That Section 45-507 of the 1933 Code of Georgia, which now reads as follows:
"Any person who shall use dynamite or other explosives or destructive substances in any of the waters of this State for the purpose of killing fish, shall be guilty of a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $1000 and all costs, or to work on the public works for not less than three months nor more than 12 months, or to imprisonment in the common jail for not less than three months not more than 12 months, either or all of said punishments in the discretion of the judge: Provided, that the provisions of this section or of any other section shall not apply to mills, dyeplants or other industries of this State emptying refuse into waters necessary in the operation of said mills, dyeplants or other industries."
is hereby repealed in its entirety, and there is hereby substituted in lieu thereof a new Section 45-507, which shall read as follows:
"Any person who shall use in this State any battery, generator, or other similar device, or any dynamite or explosives or other destructive substances for the purpose of catching, killing, or harming fish shall be guilty of a felony, and shall upon conviction thereof, be punished or confined in the penitentiary for not less than one nor more than three years, or by a fine of not less than $250.00 nor more than $1,000.00, or by both fine and imprisonment; provided, that th.e provisions of this section or of any other section shall not apply to mills, dyeplants or other industries of this State emptying refuse into waters necessary in the operation of said mills, dyeplants or other industries.
SECTION 2
That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.
The report of the committee, which was favorable to the passage of the bill, was agreed to, by substitute.
On the passage of the bill, by substitute, the ayes were 104, nays 0.
The bill, having received the requisite constitutional majority, was passed, by substitute.

SB 284. By Senators Willingham of the 39th, Connell of the 6th, and others:
A bill to be entitled an Act to authorize certain employees of the court of appeals to become members of the retirement system, and for other purposes.
The report of the committee, which was agreeable to the passage of the bill, was agreed to.

1910

JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Adams of Brantley Adams of Upson Alverson Aycock Ball Barber of Jackson Barrett Battles Baughman Beasley Bentley Best Biggers Birdsong Boggus Brannen Brantley Britton Brooks Burgamy Byrd Callier Campbell of Oconee Carr Cates Clark Clary Claxton Coffin Coogle Cranford Dally Deason Deen Dews Durham Freeman Gardner

Gary Gillis Gowen Green of Cherokee Green of Rabun Greene of Crisp Greer Groover Hale Harper Hawkins Hilton Holley Hood Hopkins Huddleston Ivey Jones of Lumpkin Kelley Key Kidd Kitchens Knight Lam Langdale Lewis of Hancock McCracken McWhorter Mackay Mangum Matthews Mull Murr Musgrove Nelson Neville Nightingale

Otwell Overby Page Parker Peacock Perkins Pittard Ramsey Raulerson Robertson of Coweta Rogers Rollins Rowland Russell Scott Scoggin Simmons Stewart Tamplin Tarbutton Tarpley Todd Trapnell Tumlin Twitty Walker of Crawford Weems Wheeler White Whitworth Wiggins Wilkinson Williams of Cobb Williams of Houston Willingham Wood Wright

Those voting in the negative were Messrs.:

Barber of Colquitt Black Cornelius Dorsey

Fears Green of Irwin Henderson Herrin

Pickard Tillman Vickers Wooten

Those not voting were Messrs.: Abney of Catoosa, Abney of Walker, Adams of Evans, Bargeron, Bell of DeKalb, Bell of Richmond, Bolton, Boone (present), Brazeal, Burkett, Campbell of Walker, Clay, Covington, Denton, Dicus, Duncan, Durden, Edenfield, Flynt, Garrard, Graham, Griffith, Guthrie, Hadden, Hall of Floyd, Hall of Toombs, Harrell, Harris, Hollis, Jackson, Jessup, Johnson of Hall, Johnston, Jolly, Jones of Bartow, Jordan, Kemp, Kennedy, King, Lanier, Laven-

TUESDAY, FEBRUARY 12, 1952

1911

der, (present), Leach, Lewis of Greene, Little, Lovett, McGarity, McGee, McKelvey, Mims, Mishoe, Murphy (present), Newman, Owens, Pickett, Ray, Register, Risner, Robertson of Dawson, Sheffield, Short, Sivell, Smiley, Smith of Bryan, Smith of Emanuel, M. M. Smith of Fulton, Hoke Smith of Fulton, Stephens of Towns, Stevens of Marion, Stocks, Sumner, Terry, Tippens, Turk, Ursrey, Vandiver, Waldrop, Walker of Telfair, Warren (present), Wilkes, Willis, and Mr. Speaker.
By unanimous consent, the verification of the roll call was dispensed with.
On the passage of the bill, the ayes were 112, nays 12.
The bill, having received the requisite constitutional majority, was passed.

The following resolutions of the House and Senate were read and adopted:
SR 108. By Senator Farrar of the 42nd:
A_resolution proposing the issuance of a special automobile license plate to the state commander of Veterans of Foreign Wars, and for other purposes.

SR 124. By Senators Hawes of the 30th, Blalock of the 26th, and others.
A resolution proposing the appointment of a committee to study procedures for the registration of automobiles, and for other purposes.

HR 325. By Messrs. Neville and Trapnell of Bulloch, Alverson of Fulton, and others:

A RESOLUTION
To amend House Resolution No. 3, adopted January 8, 1951, as amended, relating to the compensation of certain attaches of the House of Representatives, so as to change the compensatoin of certain attaches; and for other purposes.
Be it resolved by the House of Representatives as follows:
Section 1.
House Resolution No. 3, adopted January 8, 1951, as amended, relating to the compensation of certain attaches of the House of Representatives, is hereby amended by striking the paragraph designated as the third paragraph and inserting in lieu thereof the following which shall be designated as the third paragraph:
"THIRD. That the Clerk be authorized to appint the following employees of the House at the compensation herein provided: six porters at $4.00 per diem; five copy readers at not to exceed $15.00 per diem; to assist and relieve the Enrolling and Engrossing Committees and facilitate the business of the General Assembly, provided they shall work under the direction of the Clerk of the House, and the Chairman of the Committees on Enrolling and Engrossing; six typists at not to exceed $15.00 per diem to help with the printing of bills and resolutions for distribution to the House under the direction of the Clerk; two Multilith operators at not to exceed $15.00 per diem."

1912

JOURNAL OF THE HOUSE,

Section 2.
The provisions of this amendment shall be retroactive to January 14, 1952.

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

Mr. Speaker:
The Senate disagrees to the House amendment to the following bill of the Senate:

SB 369. By Senator Pittman of the 53rd:
A bill to amend Section 41 of the General Assembly approved January 3, 1938 (Ga. Laws 1937-38 extra ordinary session page 77-103) as amended by the Act approved January 31, 1946 so as to provide the time, place and procedure for the sale of real and personal property levied upon by the State Revenue Commissioner or his representative; and for other purposes.

The following Resolution of the House was read:

HR 326. By Messrs. Adams and Brantley of Upson, and Johnson of Hall:

A RESOLUTION
WHEREAS, There is existing conflict as to authority of Boards of Education and Superintendents elected by the people, both at the State and local levels of the administration, and
WHEREAS, there is a division of opinion as to ways and means of correcting this situation to the end that policy making and administrative responsibility would be clearly defined, and methods of selecting Boards of Education and Superintendents would be established, and
WHEREAS, The Minimum Foundation Program of Education Law was the result of the study and reports made by a commission authorized and appointed by the General Assembly;
THEREFORE, BE IT RESOLVED That the Georgia House of Representatives direct the Speaker of the House of Representatives to appoint five members of the House to serve with three school men named by the Directors of the Georgia Education Association, one member of the State Board of Education and one member from the State Department of Education. The Speaker of the House of Representatives shall serve as ex-officio member of said committee. The Committee shall be charged with the duty of making a complete and exhaustive study and investigation into the organization and administrative structure of local school systems and of the State school system and shall make a complete report on its findings and shall make recommendations to guide the members of the General Assembly on its deliberations in matters pertaining to reorganization of the administrative structures of the local school systems and of the State school system

TUESDAY, FEBRUARY 12, 1952

1913

which is administered by the State Department of Education.
The facilities of the office of the State Auditor and the Department of Education shall be available to the Committee, at no extra cost, to gather and compile pertinent data and other information required by the Committee.
The School Administration Committee thus appointed shall report at the next meeting of the General Assembly in January 1953 and for its services the members shall receive the compensation and expenses provided for in Georgia Laws, Code Section No. 47-111.

Mr. Twitty of Mitchell moved that the House recess for thirty minutes, and the motion prevailed.
The Speaker called the House to order.

The following Bills and Resolutions of the House were taken up for the purpose of considering the Senate amendments thereto:

HB 934. By Mr. M. Smith of Fulton:
A Bill to be entitled an Act to amend an Act relating to betting on sports events, and for other purposes.
The following Senate amendment to HB 934 was read: Senator Millican of 52nd amend HB 934 by adding a new section to be known as Section 4:
All laws and parts of laws in conflict with this Act be and same are hereby repealed.
On the question of agreeing to the Senate amendment, the ayes were 121, nays 0.
The Senate amendment was agreed to.
HR 163-708g. By Messrs. Murr and Burgamy of Sumter:
A resolution requesting compensation for damages to J. W. Southland, and for other purposes.
The following Senate amendment to HR 163-708g. was read: Senator Trotter of the 37th moves to amend the caption to HR 163-708g be amended by striking the name "Southland" wherever same may appear and inserting there in the name "Southwell". On the question of agreeing to the Senate agreement, the ayes were 118, nays 2.
The Senate amendment was agreed to.

HR 245-927e. By Messrs. Matthews and Pittard of Clarke, and others: A resolution proposing an amendment so as to provide the benefits of

1914

JOURNAL OF THE HOUSE,

old age and survivor's insurance to employees of the state, and for other purposes.

The following Senate amendment to HR 245-927e was read:
Senators Grayson of 1st District and Millican of 52nd District move to amend House Resolution #245-927E by adding a new sentence at the end of Section 1 of said Resolution to read as follows:
"The Teacher Retirement System of Georgia and the Employees Retirement System of Georgia shall have the powers and duties as provided by Jaw existing at the time of the adopiton of this provision of the State Constitution together with such further powers and duties as may be hereafter provided by law."
On the question of agreeing to the Senate amendment, the ayes were 116, nays 0.
The Senate amendment was agreed to.

HB 996. By Messrs. Key of Jasper, McCracken of Jefferson, and others: A bill to be entitled an Act to amend an Act so as to change corporation license taxes, and for other purposes.
The following Senate amendment to HB 996 was read:
Finance Committee moves to amend HB 996 by adding a section to be known as Sec. 1A.
Section 1A The provisions of this Act shall be effective January 1st, 1953. On the question of agreeing to the Senate amendment, the ayes were 111, nays 0. The Senate amendment was agreed to.

Under the regular order of business, the following bills of the Senate were taken up for consideration and read the third time:
SB 332. By Senators Millican of the 52nd, Hawes of the 30th, and others: A bill to be entitled an Act to amend an Act so as to authorize recipients of aid to dependent children to possess a $600.00 emergency 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 114, nays 0. The bill, having received the requisite constitutional majority, was passed.
SB 334. By Senators Millican of the 52nd, Hawes of the 30th, and others: A bill to be entitled an Act to amend an Act so as to authorize recipients

TUESDAY, FEBRUARY 12, 1952

1915

old age assistance to posseess a $600.00 emergency 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 109, nays 3.
The bill, having received the requisite constitutional majority, was passed.

The following bill of the Senate was taken up for the purpose of considering the Senate disagreement to the House amendment thereto:

SB 369. By Senator Pittman of the 53rd:
A bill to be entitled an Act to amend an Act so as to provide for the sale of property levied upon by the State Revenue Commissioner, and for other purposes.
Mr. Twitty of Mitchell moved that the House recede from its amendment to SB 36'9, and the motion prevailed.

The following bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 916. By Messrs. Twitty of Mitchell, Greer of Lanier, and others:
A bill to be entitled an Act to authorize the adjustment of the compensation of the employees of the executive department, and for other purposes.

The following Senate substitute to HB 916 was read:

A BILL
To authorize the adjustment of the annual rate of compensation allowances for officials and employees of the State Government to meet the present day economic conditions; to provide the effective date; to repeal conflicting laws; and for other purposes.
Be it enacted by the General Assembly of Georgia as follows:
Section 1.
Effective on the 1st day of the month following the day of approval of this Act by the Governor the total annual rate of the compensation and allowances for the officials and employees of this state from all sources shall be adjusted so as to provide an increase of ten percent for all employees and officials of this State whose salary does not at the present time exceed $4,000 per annum. Provided, however, the provisions of this Act shall not modify, repeal, change or supersede the legal authority of an official or employee to receive reimbursement for travel expenses as authorized by law or to the compensation and allow_!lnces of an official or an employee whose current total annual compensation and allowances authorized by law is an amount in excess of the amount determined to be payable to said official or employee under the provisions of this Act.

1916

JOURNAL OF THE HOUSE,

Section 2.
The expenditure of funds as authorized under provisions of this Act shall be subject to approval by the State Budget Bureau in the same manner as other expenditures are approved as required by law. The Governor of the State of Georgia is hereby authorized and directed to take whatever action is necessary to settle any disagreement that arises in making effective the provisions of this Act.
All laws and parts of laws in conflict with this Act are hereby repealed.
Mr. Twitty of Mitchell moved that the House disagree to the Senate substitute to HB 916, and the motion prevailed.

The following resolution of the House was read:

HR 327. By Mr. Ursrey of Jeff Davis:

A RESOLUTION
WHEREAS during periods of National tension, inflated prices, scarcity of materials and general economic pressure on the free flow of goods and services, monopolies, giant business combines and trusts are created to defeat and lessen competition and generally restrain trade which result in unfair dealings and practices not in the public interest; and
WHEREAS the Constitution of the State of Georgia makes all contracts and agreements which have the effect and intent of defeating or lessening competition illegal and void (Article IV, Section IV, Paragraph I) ; and
WHEREAS the General Assembly is directed by the Constitution to enforce this constitutional mandate by appropriate legislation (Article IV, Section IV, Paragraph II); and
WHEREAS such laws should only be written after careful study and investigation of existing conditions with regard to monopolies, combines, trusts, etc.: Therefore, be it
RESOLVED by the House of Representatives,
1. That a committee be appointed to study and propose to the General Assembly laws which would be comprehensive in the enforcement of the clear mandate of the Constitution:
2. That the Anti-Monopoly Committee be composed of three members of the House of Representatives to be appointed by the Speaker, and three members to be appointed by the Governor;
3. That the Committee shall have the power and authority to summons witnesses, issue subpoenas, and to command the production of books, records or other documents whenever it deems necessary and expedient, to inquire into the affairs of and make thorough investigation of monopolies, trusts or business combines that restrain competition and deal in unfair trade practices which are not in the interest of the citizens of this State;

TUESDAY, FEBRUARY 12, 1952

1917

4. That any person, firm, co-operative or corporation who fails or refuses to appear when summoned as a witness and who fails or refuses to produce books and records and other documentary evidence as required, shall be in contempt of this Committee and shall cited and punished in the same manner as provided for contempts of the State Auditor as set forth in Section 40-1816 of the Georgia Code Annotated (Georgia Laws, 1937, pp. 421, 422);
5. That the Committee submit a full written report of all hearings together with recommended legislation to the General Assembly ccnvening in January, 1953, with a copy of the same being transmitted to the Governor; the written report and recommended legislation to be prepared at least sixty days prior to the time fixed for the convening of the next General Assembly;
6. That the Committee perfect its own organization and is authorized to employ such help as is necessary to properly perform its duties;
7. That the expenses and per diem for members of this Committee shall be paid out of the regular appropriations made for the operation of the General Assembly.
8. That the budget authorities are authorized to make available to this Committee for such additional expenses of the Committee such funds as in the discretion of the budget authorities are necessary for carrying out the purposes of this resolution.
Mr. McCracken of Jefferson moved that the resolution be tabled.
The motion prevailed and the resolution was tabled.

The following resolution of the House was read and lost:

HR 328. By Messrs. Stocks of Lee, Langdale of Lowndes, and Clary of McDuffie:

A RESOLUTION
That the Speaker of the House be authorized to appoint a subcommittee to consist of not more than 10 members of the Game and Fish Committee of the House to visit, inspect, study, compile information and make report and recommendations concerning the conservation and protection of game and fish of this state, state fish hatcheries, game preserves and propagation stations, and other facilities for the propagation, protection and preservation of the game and fish of this state, said visit, study and inspection not to exceed fifteen (15) days in number, and the members and chairman of such subcommittee shall receive regular legislative per diem and expenses during such period of time.

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

Mr. Speaker:
The Senate insist on its position and respectively ask that a committee of conference be appointed on the following bill of the House:

1918

JOURNAL OF THE HOUSE,

HB 916. By Messrs. Twitty of Mitchell, Greer of Lanier and others:
A bill to authorize the adjustment of the annual rate of compensation allowances fixed by law for officials and employees in the executive branch of the State Government, to meet the present day economic conditions, to establish a formula for making the adjustments; and for other purposes.

The president has appointed as a committee of conference on the part of the Senate, Senators Hawes of the 30th, Oliver of the 54th and Pittman of the 53 rd.

Mr. Speaker: The Senate has receded from its position on the following bill of the House:

HB 884. By Messrs. Pickett of Pickens and Murr of Sumter:
A bill to provide the Department of Public Safety with the authority to assess fees for its services in providing copies or photostats of accident reports to individuals, firms and corporations; to empower the Department of Public Safety with the authority to provide such copies of reports; and for other purposes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendments to the following bill of the Senate:

SB 362. By Senator Millican of the 52nd:
A bill to change the name of the recorder's court of Atlanta to the Municipal Court of Atlanta and provide the recorders shall become judges of said court; and for other purposes.

The Senate has agreed to the House amendments to the following bills of the Senate:

SB 382. By Senator Millican of the 52nd:
A bill to amend the Charter of the City of East Point to provide that the "term of office of the City Recorder and of the City Attorney shall be four years; and for other purposes.

SB 299. By Senators Hagan of the 17th, Gould of the 4th and Jones of the 22nd:
A bill to amend Section 73-222 of the Code of Georgia to provide that no used or reclaimed lubricating oils or lubricants shall be sold or offered for sale except in properly labeled containers, and for other purposes.

SB 260. By Senator Rawls of the lOth:

TUESDAY, FEBRUARY 12, 1952

1919

A bill to amend an Act approved Feb. 4, 1943, (Ga. Laws 1943, pp. 171-77) so as to authorize any department or agency of the State of Georgia which has not been included under a Merit System to be included thereunder; to provide the manner, method and means of doing so; and for other purposes.

SB 146. By Senator Edenfield of the 2nd:
A bill to amend Code Section 45-249 of the Ga. Code supplement relating to the manner of filing application to obtain hunting and fishing license, by providing that no license shall be issued except on the oral or written application of the person seeking to obtain the license; and for other purposes.

Mr. Speaker:
The Senate has agreed to the House substitute to the following bill of the Senate:

SB 246. By Senator Millican of the 52nd: A bill providing that municipalities having more than 250,000 population may have public hearings before committees and continue existing zoning regulations; and for other purposes.
The Senate has agreed to the House amendment to the following bill of the Senate:
SB 268. By Senator Millican of the 52nd: A bill to establish for Fulton County a County Planning Commission and Board of Zoning Appeals and for other purposes.
The Senate has agreed to the House substitute to the following bill of the Senate:
SB 389. By Senator Millican of the 52nd: A bill to create a joint City-County Board of Tax Assessors for the City of Atlanta and Fulton County; to provide the manner of election and term of office; and for other purposes.

The Senate has agreeed to the House amendment to the following bill of the Senate:
SB 294. By Senators Edenfield of the 2nd, and Gould of the 4th:
A bill to vest in the adjoining owner or owners of tidal streams or estuaries of the right of full control over the same and to vest in them the exclusive right to hunt and fish thereon, and for other purposes.
The Senate has agreed to the House amendments to the following bill of the Senate:

1920

JOURNAL OF THE HOUSE,

SB 282. By Senators Connell of the 6th, Rawls of the lOth, Carlisle of the 7th, and Willingham of the 39th:
A bill to provide for retirement benefits for Clerks of the Superior Courts of Georgia; to provide for a retirement fund; to provide for payments into said fund, and for other purposes .

The Senate has agreed to the House amendments to the following resolution of the Senate:

SR 106. By Senator Millican of the 52nd:
A resolution proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution to provide a joint board of tax assessors of property in counties having a city located therein with a population of more than 300,000, and for other purposes.
The Senate has agreed to the House amendment to following bill of the Senate:
SB 305. By Senators Dunn of the 8th, Hawes of the 30th and Stephens of the 50th:
A bill to amend the "Building and Loan Act" Section 16-431 of the Code to provide for joint shares by two or more persons; to provide any of such persons who shall first act shall have power to act in all matters related to such account whether the other person or persons on such account be living or not; to amend Section 16-437 to provide administrators, executors guardians, trustees, insurance companies and other charitable or financial institutions, municipalites and other public corporations may invest funds in accounts and certificates of State-chartered and Federal Savings and Loan Associations, and for other purposes.
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills and resolutions of the House to wit:
HB 203. By Messrs. Pittard of Clarke, Clay of Bibb and others:
A bill to provide for the annulment of marriages in certain instances; to provide certain procedure therefor; and for other purposes.
HB 218. By Mr. Key of Jasper:
A bill to authorize mayors and their designated officials of municipalities, cities or towns to accept cash bonds from persons charged with a violation of the ordinances or of an offense against such municipality, city or town; to provide for the forfeiture thereof; and for other purposes.
HB 420. By Mr. Duncan of Carroll:
A bill to amend Section 114-101 of the Code of Georgia, 1933, as

TUESDAY, FEBRUARY 12, 1952

1921

amended, relating to the definition of "employer" for the purposes of the Workmen's Compensation Act so .as to include in the definition of "employer" cooperatives and n~n-profit corporations engaged in furnishing telephone service; and for other purposes.

HB 441. By Mr. Langdale of Lowndes:
A bill to amend Section 45-322 of the Code of Georgia of 1933 as amended by the Acts of the General Assembly of Georgia, approved Feb. 25, 1949 (Ga. Laws 1949, p. 1005-1006) relating to the use of traps, poisons, drugs or explosives and hunting at night; providing for penalty for violation of the law; providing that certain animals may be hunted at night; and for other purposes.

HB 508. By Messrs. Dews of Calhoun and Pittard of Clarke:
A bill to amend Section 46'-101 of the Code of Georgia, 1933, relating to the right to Writ and wages exempt until after judgment from garnishment, so as to provide that share cropper's shall also be exempt until after judgment; .to repeal conflicting laws; and for other purposes.

HB 607. By Messrs. Gardner of Dougherty and Twitty of Mitchell:
A bill to provide that in all criminal trials in the Courts of this State wherein a contention is made on behalf of the accursed that he was mentally incompetent at the time the act or acts charged against him were committed, the trial judge shall require the jury, in case of acquittal on such contention, to so specify in the verdict; and for other purposes.

HB 630. By Mr. Gowen of Glynn, and Mr. Tarbutton of Washington:
A bill to amend an Act entitled "An Act to create the Jekyll Island State Authority," enacted Feb. 13, 1950 (Georgia Laws 1950, p. 152), as amended; etc.; by providing that the Jekyll Island State Park Authority shall be empowered to execute to the United States of America spoilage easements and rights of way to the property leased to said Authority; and for other purposes.

HB 634. By Messrs. Lewis of Hancock, Jackson of Jones, and others:
A bill to provide for a demend for a trial by any person accused of a capital offense; to provide for the admission of such party to bail; and for other purposes.
HB 653. By Mr. Perkins of Carroll:
A bill to amend Section 92-233 of the Annotated Supplement of the 1933 Code of Georgia, which supplement provides for the definition of the word "homestead" as used in figuring ad valorem taxes, so as to provide for the inclusion of the permanent places of residence of a person in the armed forces of the United States; and for other purposes.
HB 663. By Messrs. Gowen of Glynn and Twitty of Mitchell:

1922

JOURNAL OF THE HOUSE,

A bill to amend an Act ,of the General Assembly and known as the corporation Act of 1938 by adding a provision to Section 12 of said Act relating to the preemptive rights of shareholders; and for other
purposes.

HB 671. By Messrs. Gowen of Glynn and Twitty of Mitchell:
A bill to Repeal Title 65, Sections 101 to 111 inclusive of the 1933 Code of Georgia, which provides for the creation of cooperative marketing associations for profit and defines and regulates their powers, privileges and responsibilities, as well as prohibitions and penalties related thereto; and for other purposes.

HB 675. By Mr. Adams ilf Evans:
A bill to amend Section 92-3210 of the Code of Georgia, 1933, dealing with the time and place of filing income tax returns, so as to provide that in the case of income tax returns, of an estate or trust, such returns shall be filed on or before, the 15th day of April, following the close of the calendar year, or if the returns should be made on the basis of a fiscal year, then on the 15th day of the fourth month, etc., and for other purposes.

HB 714. By Messrs. Owens of Tift, Wiggins of Stephens, and others:
A bill to prohibit any person who shall with malice aforethought, kill another for the purpose of inheriting the property of the deceased, ilr who shall conspire, or procure the same to be done, from inheriting ilr in any way taking the property of the deceased and from being the recipient of any benefits from any insurance contract on the life of the deceased; and for other purposes:,

HB 716. By Messrs. Overby of Hall, Nightingale of Glynn, Murr of Sumter, and Johnson of Hall:
A bill to amend an Act approved February 15, 1950, as contained in the Georgia Laws of i950 at pages 173 and 174, and known as Code Section 9-103 of the Code of Georgia of 1!:!33, so as to provide period of bona fide residence before making application to stand the State Bar Examination; and for other purposes.

HB 762. By Messds. Hand and Twitty of Mitchell, and others:
A bill to amend the Income Tax Act and Section 92-3120 of the Georgia Code of 1933; to provide for the non-recognition of certain gain on certain corporate liquidations; to provide that no gain will be recognized upon certain distributions of stock of a corporation a party to the reorganization to the stockholders of another corporation a party to the reorganization; and for other purposes.
HB 763. By Mr. Rowland of Johnson~
A bill to amend Section 114-703 of the Code of Georgia, providing for rules, subpoenas, etc.; and quorum of the Workmen's Compensation Board by providing that said Board and Directors or Deputy Directors shall have the authority to issue subpoenas for the attendance and

TUESDAY, FEBRUARY 12, 1952

1923

testimony of witnesses; to provi4e for appointment by the Board of a guardian for any minor claimant; and for other purposes.

HB 768. By Messrs. Key of Jasper, and Ray of Warren:
A bill to amend an Act entitled "Housing Authorities Law" approved March 30, 1937; Georgia Laws of 1937, pages 210-230, by amending Section 4B, to provide for an increase or decrease in the area of operation of a regional housing authority; and for other P\lrposes.

HB 771. By Mr. Hawkins of Screven:
A bill to amerid Section 110-401 of the Gode of Georgia, 1933, as amended by an Act, approved Feb. 1, 1946 (Ga. Laws 1946, p. 761) which section relates to the granting of default judgments without the intervention of a jury in certain cases where the damages are not unliquidated, by providing that suits on account shall not be considered suits for unliquidated damages; and for other purposes.

HB 772. By Mr. Hawkin.S of Screven:
A bill to amend Section 81-301 of the Code of Georgia of 1933, as amended, which Section relates to the filing of demurrers and pleas, so as to provide for service of demurrers, and pleas; to repeal conflicting laws; and for other purposes.

HB 780. By Messrs. Langdale of Lowndes, Greene of Crisp, and others:
A bill to amend Section 45-146' of the Annotated Supplement of the 1933 Code of Georgia relating to the power Qf the Game and Fish Commission to fix bag limits and open and closed seasons and to adopt regulations relating to game and fish so as to provide that when rules and regulations are passed under the authority of the Commission they shall be admitted into evidence upon certain conditions; and for other purposes.

HB 811. By Messrs. Durden and Bolton of Dougherty, and Spalding:
A bill to amend Section 113-408 of the 1933 Code of Georgia relating to the revocation of Wills by the subsequent marriage of the testator or the birth Qf a child to him, so as to provide .that a subsequent divorce shall also revoke a Will; and for other purposes.
HB 817. By Messrs. Parker of Baldwin, Boone of Wilkinson, Ramsey of Effingham and Jackson of Jones:
A bill to amend an Act entitled "An Act to establish an employee's retirement system; to determine membership and conditions of membership in said system; to provide for a board of trustees of said system and for the administration. of its affairs; to prescribe the duties and powers of such board; to provide for the selection of employees of the board of trustees; to provide for the management of the funds of said system; to provide a method of financing said system; and for other purposes.
HB 870. By Messrs. Lewis of Hancock and Best of Clay:

1924

JOURNAL OF THE HOUSE,

A bill to amend Section 13_.2048 of the 1933 Code of Georgia and all Acts amendatory thereof, which Section relates to the payment of deposits of a deceased depositor so as to provide that if the deceased depositor has on deposit in the Bank more than $600.00 then the Bank shall be authorized to pay over any amount up to $600.00 to the persons provided for in said Section; and for other purposes.

HB 872. By Messrs. Jordan of Wheeler, Langdale of Lowndes, and others:
A bill to amend an Act known as the "Department of Natural Resources Act", approved March 5, 1937 (Ga. Laws 1937, p. 264) as amended, so as to provide for Forestry Investigators; to give such investigators power of arrest; to authorize such investigators to carry weapons; and for other purposes.

HB 873. By Messrs. Langdale of Lowndes, Jordan of Wheeler, and Gillis of Treutlen:
A bill to authorize the Georgia State Forestry Commission to purchase through the State Purchasing Department, an airplane, or airplanes, and equipment therefor, for use in forest fire protection activities; and for other purposes.

HB 874. By Messrs. Walker of Telfair, Best of Clay, and others:
A bill to amend an Act entitled, "An Act to provide a complete and comprehensive vital statistics law for Georgia; so as to include by definition of the word "Physician", a licensed Osteopathic Physician; and for other purposes.

HB 875. By Messrs. Walker of Telfair, Best of Clay, and others:
A bill to amend an Act entitled "An Act to protect the public health by providing for pre-marital examinations for syphilis, so as to make provisions that a licensed Osteopathic Physician may certify that an applicant for a marriage license has been given an examination including a standard serologic test for syphilis; and for other purposes.

HB 886. By Messrs. Bell of Richmond, Hawkins of Screven and Page of Chatham:
A bill to amend Section 71-107 of the 1933 Gode of Georgia and all Acts amendatory thereof, relating to the notarial seal for attestation of deeds so as to provide that the seal of the notary need not be required to his attestion of deeds; to provide for ratification of certain deeds; to repeal conflicting laws; and for other purposes.
HB 887. By Messrs. Walker of Telfair, Gowen of Glynn and others:
A bill to provide for the use and application of the proceeds of the sale of bonds voted, issued and sold by any county or municipality of this State for the purpose of matching State and Federal allocations and contributions and building and equipping hospitals, and for other purposes.
HB 888. By Messrs. Ray of Warren, Smith of Emanuel and Key of Jasper:

TUESDAY, FEBRUARY 12, 1952

1925

A bill to provide for the effect of permission to the debtor to exercise dominion over or use the proceeds of any property conveyed, assigned or mortgaged as security for any debt; to repeal inconsistent laws;
and for other purposes.

HB 892. By Mr. Boggus of Ben Hill:
A bill to amend Section 69-407 of the Code of Georgia of 1933, which section provides that the governing body of any municipality in which street improvements are contemplated under the provisions of the Chapter of which said Section is a part shall adopt a resolution expressing its determination to proceed with such improvement, stating the kind, extent and character of same; and for other purposes.

HB 935. By Messrs. Twitty of Mitchell, and Greer of Lanier:
A bill to authorize the State Highway Department to purchase through the Purchasing Department, an airplane to be used for aerial photography and reconnaissance so as to assist in the promotion of better State highways; and for other purposes.

HB 950. By Messrs. Matthews of Clarke, Overby of Hall, and many others:
A bill to declare as contraband and subject to confiscation and condemnation all vehicles and conveyances of every kind, all boats and vessels and vehicles for air transportation used in transporting, conveying, removing or storing any narcotic drugs, the possession, selling, storing or transporting of which has been declared illegal by the Uniform Narcotic Drug Laws of this State, and for other purposes.

HB 952. By Messrs. Walker of Telfair, and Pickard of Muscogee:
A bill to amend Section 61-104 of the Code of Georgia, relating to duration of tenancies, by providing that unless otherwise specified tenancies shall be construed to be tenancies at Will; and for other purposes.

HB 965. By Messrs. Tumlin of Bartow, Bentley of Cobb, and many others:
A bill to regulate boat traffic upon the waters of the State; to provide penalties for violation of any of the provisions of this Act; to authorize the peace officers of this State to make arrests upon such waters or wherever necessary; and for other purposes.

HB 967. By Messrs. Brooks of Oglethorpe, Smith of Emanuel, and others:
A bill to authorize the State Board of Education to appoint committees composed of members of the Board to travel and inspect the institutions under its jurisdiction and control; and for other purposes .

HB 992. By Messrs. Lovett of Laurens, Bell of Richmond, and others:
A bill to require the Chairman of the State Highway Board, Director of the Department of Public Health and Secretary of State, to hear the merits relative to any resolution or bill seeking compensation from

1926

JOURNAL OF THE HOUSE,
the State of Georgia for injuries or damages sustained; and for other purposes.

HB 825. By Messrs. Rollins and Biggers of Meriwether:
A bill to amend an Act approved Aug. 16, 1909 (Ga. Laws 1909, p. 1071), and all Acts amendatory thereof, which incorporated the City of Manchester in the Counties of Meriwether and Talbot, so as to provide that the corporate limits of the City of Manchester shall include lands lying only in Meriwether County; and for other purposes.

HB 903. By Messrs. Pittard and Matthews of Clarke:
A bill to abolish the office of Tax Receiver and Tax Collector of Clarke County; to abolish the fee system of payment of said officers; to create the office of Tax Commissioner of Clarke County; to fix his salary; to provide for the salary of other assistants and clerical help; and for other purposes.

HB 926. By Messrs. Page and McGee of Chatham:
A bill to amend the several Acts relating to and incorporating the Town of Thunderbolt, in Chatham Connty, Georgia, particularly with respect to condemning, acquiring, purchasing, selling or constructing any lands or highways, lanes, easements and appurtenances relating to the proposed new location of Highway 80 through the Town of Thunderbolt; and for other purposes.

HB 994. By Messrs. Alverson, M. Smith and H. Smith of Fulton:
A bill to amend an Act establishing a Charter for the City of Mountain Park, approved July 13, 1927, and the several Acts amendatory thereof; to provide for the extension of the City Limits; and for other purposes.
HB 1008. By Mr. Green of Cherokee:
A bill to amend an Act approved Aug. 9, 1915, and amended Aug. 3, 1920, as further amended by an Act of the Georgia Legislature 1929, Georgia Laws 1929, pp. 561-562 approved July 24, 1929, which pertains to and deals with the fixing of the salary of the Clerk to the Commissioners of Roads and Revenue of Cherokee County; and for other purposes.
HB 1009. By Mr. Green of Cherokee:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues of Cherokee County, approved Aug. 9, 1915, and Acts amendatory thereof; to provide for the fixing of the salary of the Commissioner of Roads and Revenues of said county; and for other purposes.
HB 1010. By Mr. Griffith of Putnam:
A bill to amend an Act entitled: "An Act to create and establish a

TUESDAY, FEBRUARY 12, 1952

1927

-new charter of the City of Eatonton, to declare the rights, powers and privileges of said corporation, and for other purposes"; so as to
provide for compensation for the Mayor and members of Council and other officers of said City; and for other purposes.

Ha 1011. By Messrs. Duncan and Perkins of Carroll:
A bill to amend the Charter of the City of Villa Rica, located in the Counties of Carroll and Douglas, State of Georgia, as amended, to modify, change and provide for a date certain for holding of all elections within said City, the place said elections and regulate the hours of opening and closing polls for city elections; and for other purposes.

HB 1012. By Messrs. Bell, Graham and Holley of Richmond:
A bill to amend an Act creating the Board of Education of Richmond County, Georgia, so as to provide that all purchases of supplies, building material, equipment in excess of $1,000.00 shall be advertised for bids and for other purposes.
HB 1013. By Messrs. Duncan and Perkins of Carroll:
A bill requiring all c_andidates for the General Assembly in Carroll County to designate and qualify for certain seats in the General Assembly and to name their incumbent opponents; and for other purposes.
HB 1014. By Messrs. Langdale and Register of Lowndes:
A bill to amend an Act approved March 6, 1945, entitled "An Act to amend the Charter of the City of Valdosta and for other purposes", which act created a system of retirement payments for certain employees of the City of Valdosta; said Act described appearing on pages 928 to 938, inclusive, of the public Acts of the General Assembly of Georgia of 1945; and for other purposes.
HB 1015. By Messrs. Murr and Burgamy of Sumter:
A bill to amend an Act entitled "An Act to establish the City Court of Americus, to be located and held in the City of Americus, Georgia, in and for the County of Sumter, etc.", and all Acts amendatory thereof, by making Rules of Pleading and Practices now provided by law and hereafter provided by law for the Superior Courts of the State; and for other purposes.
HB 1016. By Mr. Kemp of Clayton:
A bill to amend an Act approved Feb. 25, 1949, to change from fee system to salary system in County of Clayton Clerk of Superior Court and Sheriff; to provide for furnishing the Sheriff and deputies automobiles to carry out the duties of their office and for the operation, upkeep, and repair of same; and for other purposes.
HB 1017. By Mr. Smiley of Harris:

1928

JOURNAL OF THE HOUSE,

A bill to amend an Act entitled "An Act to fix the compensation of the members of the Board of Commissioners of Roads and Revenues of Harris County, Georgia, and for other purposes"; to fix the compensation of the members of said Board; and for other purposes.

HB 1021. By Messrs. Mackay, Bell and McWhorter of DeKalb, and others:
A bill to amend an Act of the General Assembly of Georgia, approved Feb. 25, 1949 (Ga. Laws 1949, p. 16'01) fixing the salary of the Solicitor-General of the Stone Mountain Circuit; to provide for increasing and supplementing the salary by the Counties composing the Stone Mountain Judicial Circuit; and for other purposes.

HB 1022. By Messrs. Mackay, McWhorter and Bell of DeKalb:
A bill to amend an Act of 1935, approved March 28, 1935 (Ga. Laws 1935, pp. 976 to 994, inclusive, creating a new Charter for the City of Chamblee, to amend all Acts amended by said Act; to prescribe qualifications of the Mayor and Councilmen of the City of Chamblee; and for other purposes.

HB 1025. By Mr. Brooks of Oglethorpe:
A bill to amend an Act approved July 26, 1910 (Ga. Laws 1910, p. 497) creating a new charter for the City of Crawford, Georgia and the several Acts amendatory thereof by authorizing the mayor and Council, in their discretion and upon the filing of a petition, to pave streets and sidewalks in said city; and for other purposes.

HB 1027. By Messrs. Bell, Holley and Graham of Richmond:
A bill to provide that in all Counties of this State having a population of not less than 100,000 and not more than 112,000 by the census of 1950 or any future census of the United States, the County Board of Commissioners, or other fiscal agent of such counties, shall be authorized to designate a fiscal year for any of such counties, which may be different from the calendar year; and for other purposes.

HB 1029. By Mr. McGee of Chatham:
A bill providing for a new registration of the qualified voters of Chatham County; repealing all laws in conflict herewith; and for other purposes.

HB 1030. By Messrs. Bell, Mackay and McWhorter of DeKalb:
A bill to amend an Act approved March 9, 1943 (Ga. Laws 1943, pp. 930-941) creating and establishing for DeKalb County, a County Planning Commission and Board. of Zoning Appeals by striking from line 8 of section 8 of said Act the words "Said Commission" and substituting in lieu thereof "The Commissioner of Roads and Revenues of DeKalb County"; and for other purposes.
HB 1031. By Messrs. Bell, Holley and Graham of Richmond:
A bill to amend the Charter of the City of Augusta, incorporated as

TUESDAY, FEBRUARY 12, 1952

1929

the City Council of Augusta by Act approved Jan. 31, 1798 (Ga. Laws 1798) as amended, so as to abolish the Board of Givil Service Commission of Augusta; and for other purposes.

HB 1032. By Messrs. Bell, Holley and Graham of Richmond:
A bill to amend the Charter of the City of Augusta, incorporated as the City Council of Augusta, by Act approved Jan. 31, 1798 (Georgia Laws, 1798); to fix the age limit of all firemen and policemen, including the chiefs and other officers of the police and fire departments and provisions in reference to their retirement; to provide for election of all officers and employees of the fire and police departments of the City of Augusta; and for other purposes.

HR 96. By Mr. McCracken of Jefferson:
A resolution to compensate Dorothy Carswell for injuries sustained by her on account of an attack made upon her by one Pete Coleman, a State convict while under the supervision. of the State of Georgia in Jefferson County.

HR 231. By Mr. Leach of Rockdale:
A resolution proposing that the Department of Defense of the State of Georgia, Military Department, be ordered to pay Claude. G. Bennett the sum of $382.50 as cQmpensation for the loss of chickens; and for other purposes.

HB 235. By Mr. Tippins of Wilcox:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia, so as to provide for the election of members of the Board of Education of Wilcox County by the people; to provide for school districts; and for other purposes.

HR 236. By Mr. Jordan of Wheeler:
A resolution authorizing the sale of a six-room frame house located at the Flowery Branch Nursery property, operated by the Georgia Forestry Commission; and for other purposes.

HR 237. By Messrs. Parker and Kidd of Baldwin, and Jordan of Wheeler:
A resolution to transfer from the State Department of Public Welfare 619.5 acres of forest land in the County of Baldwin to the Georgia Forestry Commission to establish a district headquarters and demonstration forest to be observed and studied by the public and to carry out management practices, research and experimental work in forestry; and for other purposes.

HR 238. By Mr. Jordan of Wheeler:
A resolution transferring 120 acres in Land Lots 233, 234 and 235 now controlled by the Georgia Department oi State Parks to the Georgia Forestry Commission; and for other purposes.

1930

JOURNAL OF THE HOUSE,

HR 247. By Messrs. White and Kelley of Gwinnett:
A resolution to provide funds to compensate Mrs. Floyde Addington for expenses incurred from injuries sustained when a State prisoner, who was an inmate of the Gwinnett County Public Works Camp, attacked Mrs. Floyde Addington in her home.

HR 254. By Mr. Kidd of Baldwin:
A resolution proposing that the State Welfare Department be urged to install a sufficient number of television sets at the Georgia State Hospital at Milledgeville; and for other purposes.

HR 262. By Mr. Alverson of Fulton:
A resolution resolving that Mrs. S. C. Dantone, security, be and she is hereby relieved from paying the remaining (appearance bond) rule absolute, and the clerk of Fulton Superior Court is hereby authorized to mark the execution issued upon said rule absolute in case No. 63,673, cancelled and satisfied of record.

HR 264. By Mr. Owens of Tift:
A resolution to provide compensation to W. B. Hitchcock for medical expenses incurred for injury received in a gun battle while in line of duty on the Georgia State Patrol.

HR 282. By Mr. Peacock of Dodge:
A resolution proposing to the qualified voters of Georgia an amendment to Article VIII, Section V, Paragraph I of the Constitution of Georgia relating to county system of public schools, so as to divide Dodge County into five school districts for election by the people of members of the County Board of Education; and for other purposes.

HR 287. By Mr. Kidd of Baldwin:
A resolution proposing that Anne Myrich be paid the sum of $75.00 for medical expenses; and for other purposes.

The Senate has read and adopted the following resolutions of the House, to wit:
HR 311. By Mr. Perkins of Carroll:
A resolution proposing that the Congress of United States be most earnestly urged to take steps to make available facilities to take care of these mentally ill veterans as soon as possible; and for other purposes.

HR 312. By Messrs. Brantley and Adams of Upson:
A resolution. requesting Congress of the United States to grant tax deduction to citizens of Georgia according to income; and for other purposes.

TUESDAY, FEBRUARY 12, 1952

193i

HR 313. By Messrs. Ray of Warren and Gowen of Glynn:
A resolution to dismantle certain buildings at Alto and dispose of the materials, and to remit the proceeds therefrom to State Treasury.
HR 318. By Messrs. Bentley of Cobb, Twitty of Mitchell, and others:
A resolution to authorize the Committee on Interstate Cooperation to effect cooperation between the State of Georgia and the other 47 States of these United States to reduce and curtail federal aid and to thereby reduce federal taxes.

The following message was received from the Senate through Mr. Stewart, the Secretary thereof :
Mr. Speaker:
The Senate has agreed to the House substitute for the following bills of the Senate, to wit:
SB 29. By Sen. Harden of the 45th, Sen. Pittman of the 53rd, and Sen. Dunn of the 8th:
A bill to amend Section 45-507 of the 1933 Code of Ga. which section now makes it a misdemeanor to use dynamite or other explosives or "' destructive substances for the purpose of killing fish, so as to provide that any person who shall use any battery, generator, or other similar device or any dynamite or explosives or other destructive substances for the purpose of catching, killing, or harming fish shall be guilty of a felony; to provide penalty therefor; to repeal all conflicting laws; . and for other purposes.
SB 370. By Senators Connell of the 6th and Rawls of the lOth:
A bill to amend Chapter 22-16 of the Code of Georgia, which provides for the domestication of foreign corporations, by providing for the surrender of its domestic status by any such corporation; to prescribe the procedure with respect thereto; to amend Chapter 22-16 by definding the effect of domestication; to provide for filing amendments to the charter of such domesticated foreign corporation.

By unanimous consent, the Clerk was directed to immediately transmit to the Senate all Senate bills and resolutions passing the House today.

The Speaker announced the House adjourned sine die.

Fred Hand Speaker
Pelham, Ga.
Mr. Joe Boone State Capitol Atlanta, Georgia

House of Representatives Atlanta, Ga.
February 14, 1952

1932

JOURNAL OF THE HOUSE,

Dear Joe:
Under House Res()lution. 319 the Speaker was to appoint six members of an investigating committee. I would like to appoint:

UNIVERSITY OF GEORGIA COMMITTEE Matthews of Clarke Dally of Walton

AGRICULTURE NO. 1 COMMITTEE Campbell of Oconee Tamplin of Morgan

AGRICULTURE NO. 2 COMMITTEE Rogers of Heard Russell of Barrow

Seymour Owens of Tift County is to serve as alternate for the University of Georgia Committee.

Certainly want to thank you for the many favors shown me during the past session.

Very truly yours,

FBH:sj

Fred Hand

U. S. Treasury Department Office of the Collector of Internal Revenue
Post Office and Courthouse Building Atlanta 3, Ga.
February 19, 1952
Internal Revenue Service District of Georgia
In Replying Refer to: MHA:EBP
Honorable Fred Hand, Speaker House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Hand:
Receipt is acknowledged of Senate Resolution in which a request is made for a 60-day extension from March 15, 1951, which Members of the General Assembly of the State of Georgia may have for filing their 1951 Federal income tax returns.
It is always a pleasure to honor a request of this kind, as I am

TUESDAY, FEBRUARY 12, 1952

1933

thoroughly familiar with the arduous work and the burdens resting upon Members of the General Assembly which prevent them from collecting and assembling the necessary data to file their returns by March 15.
With kindest regards, I am
Sincerely yours, Marion H. Allen Collector

House of Representatives Atlanta, Ga.
Fred Hand Speaker
Pelham, Ga.
February 21, 1952
Mr. Joe Boone, Clerk State Capitol Atlanta, Georgia

Dear Joe:

During the past session there was a resolution adopted providing for the placing of the bust of Alexander Hamilton Stephens in the old Congress Hall in Richmond, Virginia. This resolution also provided that Speaker should appoint three members of the House to work with the Department of Archives in effectuating the placing of the bust in Richmond.

At this time I would like to name Honorable William B. Freeman of Monroe County as Chairman, along with George Smith of Emanuel and Frank Twitty of Mitchell County as members of this committee.

With best regards, I am

FBH:sj'.

Very truly yours, Fred Hand Speaker

,

1 1 1 1 1
1 1 1 1 1
1 1 1 1 1
1 1 1 1 1
1 1 1 1 1
1 1 1

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1951 REGULAR SESSION 1952
Part 1-House and Senate Bills and Resolutions Part 11-House Resolutions Part III-Senate Resolutions in House
1935

INDEX

1937

HOUSE JOURNAL

Part

HOUSE AND SENATE BILLS AND RESOLUTIONS

A
Abandonment of Child HB 297-Penalty; Code 74-9902 amended....674, 722, 1035, 1083, 1791
Abandoned Wells HB 135-Prohibit ................................................103, 143, 380, 401, 1035
Abatement of Actions (See Torts) Accident Reports (See Public Safety Department) Account, Suits on (See Judgments) Accounts Receivable
HB 330-Assignment; Code 85-1803 amended ................................313, 586, 1089, 1872, 1893, 1901
HB 4-Notes, Taxation 70, 100, 328, 1389, 1415, 1492, 1732, 1899
Actions and Defenses HB 966-Torts ..................................................................1320, 1355, 1767 HB 110-Causes ........................................................................................ 89
Acworth SB 171-Lake Authority ................................................573, 604, 637, 684
A del HB 602-Zoning ............................................................675, 722, 784, 1006
Addington, Mrs. Floyde HR 247-927g.-Compensation for injuries ....................1250, 1464, 1782
Administrators and Executors SB 137-Administrators de bonis non with will annexed; appointment ................................................46'6, 491, 593 HB 172-Administrators petition to sell land; Code 113-1706 amended ......................................145, 262, 1089, 1497 S.B . 41~Conduct of intestate's business. Code 1131523 amended ..........................................................280, 423, 902
Adoption
HB 321-Advertisements, regulate --- 73

1938

INDEX

HB 170-Certificate by clerk CJf court ____________;_____________ 145, 200, 375, 713

Adultery (See Evidence)

Aged Persons
SB 334-0ld Age Assistance; Act of 1937 amended ---------------------------------------------------------------- 1352, 1361, 1466, 1914
Addresses

Hon. James F. Byrnes -------------------------------------------------------------------------------1675 Gov. Herman E. Talmadge --------------------------------------------------------------------1036 Gov. Herman E. Talmadge ------------------------------------------------------------------------ 28 Lt. GoV'. Marvin Griffin ----------------------------------------------------------------------- 44 Gov. Herman E. Talmadge --------------------------------------------------------:.............. 27
Gov. Herman E. Talmadge :.;.<--------------------------------;......................... 98, 122
Agricultural Commodities Authority

HB 322-Create ----------::::::---312, 420, 766, 842, 1007

Agriculture (See Forresters)

HR 125-Cotton; Federal stabilization orders; a . resolution .............................:...~..:..:..:....:.........:................699, 829

HR 21-129c-Dudley M. Hughes Memorial GomJ1lis- , :

.

sion ----------------------------------------------------------92, 180, 700, 981

HB 443-Fertilizer inspection fees; alternate meth-



od ---------------------------------------.435, 551, 708, 760, 978 HB 504-Grapes, encourage growing of ----------------------.--~-------------------- 534 HB 31-Milk .and dairy products; butter-fat rests
________________:___________________:_____________________________ 74, 261, 378, 981, 994

HB 32-Milk Control Board; amendments ------------:-----75, 199, 224, :438 HR 61-303a-Poultry and Egg Industry; interstate
cooperation. ------------------------------------252, 348, 700, 981, 1011 HB 152-Poison ---------------------------------------------------:..................132, 262

Agriculture Department

HB 969-Appropriation ------------------------------------------------1346, 1661, 1720 Aid to Dependent Children

SB 332-Aniend Act of ------------------------------------------1352, 1361, 1466, 1914 Aircraft Motor Fuel Tax (See Motor Fuel Tax)

Alamo

HB 897-Charter amended; name ------------------------1213, 1329, 1357, '1702
Albany
HB 56-Ad Valorem Tax HB 161-City Employees; election and removaL..:.....134, 178, 201, 355 HB 487-Corporate limits --------------------------------------------510, 553, 595, 880 HB 162-Gas service beyond limits -------------------------------134, 178, 201, 356 HB 430-Sewer Assessments --------------------------------All, 476, 515, 673
Albany Judicial Circuit
SB 226-Change to Camilla Judicial CircuiL..................1110, 1115, 1216

INDE;..X

1939

Alcoholism
SB 292-Conimission on Alcoholism; meetings, expenses, funds ----------------------------------------'-1293, 1299, 1466, 1830
SB 53-Georgia Commission on Alcoholism ----------------280, 324, 423, 902 SB 63--..:Studies by State Board of Education ----~----------------.401, 427, 554
Alcoholic Beverages
HB 948-Legalize -,---------------------------------------------------------------------------------1317 HB 86'6--State owned stores ------------------------------------------------------------------1187 HB 146-Licenses obtained by fraud, punishment -------------------------------- 131
Allen, Bruce F.
HR 228-1016a-Compensation fol' injuries to automobile
Alto
HR 313-Dismantling of -buildings; a resolution ----------:-------------1803, 1931
Amendments (See Pleadings--See Proposed Amendments to the Constitution)
Amendments to The Constitution
SB 46-Amendments affecting limited number of counties or municipalities, how to be adopted ----------------------------------------------229, 244, 589, 1015, 1018
HR 115-549b--Appling County; board of education....576, 884, 1595, 1866 SR 32-Atkinson County; refunding bonds ----------------522, 558, 637, 921 HR 276-990a--'Augusta.:Richmond County Building Au-
thority -----------------------------------------------------1384, 1465, 1631, 1868 HR 244-927d-Bleckley Gounty; board of education
---------------------------------------------------------------- 1249, 1398, 1627' 1867 HR 233-908b--Brantley County; board of education
---------------------------------------------------------------- 1215, 1295, 1617' 1867 HR 215c830F~Carroll County; board of education
---------------------------------------------------------------- 1123, 1200, 1655, 1867 SR 20-Chatham County; additional indebtedness for
hospital ------------------------------------------------------------------:.206, 320, 919 SR 188-755i-Chatham County; police and licensing powers SR 82-Cobb County; fire prevention districts 1151, 116'8, 1296, 1583 SR 83-Cobb County; sewage districts ___________ 1226, 1240, 1296, 1586 SR 57-277a-Crisp County; board of education ....215, 319, 934, 1153 SR 282-997d-Dodge County; board of education 1454, 1497, 1640, 1930 SR 22.0-861a-Effingham County; board of educa-
tion ------------------------------------------------------------1150, 1263, 1610, 1867 SR 281-997c-Fannin County; board of education
---------------------------------------------------------------- 1454, 1497' 163 6, 1868 SR 245-927e-Federal Social Security Act; agree-
ments covering State employees ---------------------------------------------- 1249, 1487,1670, 1872,1900, 1913 SR 111-540a-Floyd County; board of education . ------------------------------------------------------------ 540, 589, 951, 1701, 1765 SR 36-Fulton County; functions and services..........522, 558, 724, 930 SR 38-Fulton County; powers and duties of tax authorities ------------------------------------------------------522, 558, 724, 930

1940

INDEX

SR 37-Fulton County School District indebtedness 522, 558, 836, 927 SR 85-Fulton County; tax commissioner ........1226, 1240, 1477, 1593 SR 229-882c-Glynn County; land erosion preven-
tion ------------------------------------------------1190, 1263, 1613, 1871, 1900 SR 168-7081-Governor's veto power ................1060, 1199, 1367, 1706 SR 259-543a-Griffin-Spalding County; school sys-
tem ----------------------------------------------------------1285, 1398, 1648, 1868 SR 5-Highway appropriations ----------------------------------------627, 653, 896 SR 261-943c-Intangible personal property owned
by trust taxation ------------------------------------1285, 1398, 1584, 1868 SR 180-755g-Judges pro hac vice in Muscogee
County ----------------------------------------------------1077, 1162, 1598, 186'6 SR 17-89h-Local and special bills; advertising, etc
------------------------------------------------------------------ 83, 142, 186, 222, 980 SR 217-8301-Macon; hospital facilities --------------1123, 1163, 1607, 1867 SR 9-New Tybee Island road ----------------------------------157, 182, 320, 904 SR 240-908i-Polk County; board of education SR 6-Primary elections of State Officers- on
county unit basis SR 22-Property
tax rate....418, 428, 594, 998, 1003,. 1013, 103'2, l062, 1090 SB 254-Richmond County; department of health
-------------------------------------------- 1153, 1167, 1200, 1238, 1583, 1644 SB 101-476c-Richmond County; street and side-
walk improvements -------------------------------------.471, 554, 948, 1153 SB 201-810n-Rockdale County; board of education
--------------------------------------------------------------- 1102, 1162, 1604, 1867 SR 22-Savannah; additional indebtedness for hos-
pital ..........418, 428, 594, 998, 1003, 1013, 1032, 1062, 1090 SR 10-Savannah; additional indebtedness for ~ew-
erage --------------------------'------------------------------:......157, 182, 320, 907 SR 12-Savannah; additional indebtedness for
streets and sidewalks ------------------------------------158, 183, 320, 913 SR 13-Savannah District Authority ........................158, 183, 320, 916 SR 54-271c-State Medical Education Board 214,-239, 368, 845, 983 SR 106'-Tax board in counties of 300,000 or more
------------------------------------------------------ 1705, 1718, 1754, 1889, 1920 SR 47-'---Tax powers of State --------------------------------1111. 1115, 1200, 1884 SR 84-Troup County; board of education ..:.....1226, 1240, 1296, 1589 SR 60-296a-Union County; board of education ....234, 348, 938, 1128 SR 235-908d-Wilcox County; board of education ........1215, 1263, 1620
Americus
HB 56-Ad Valorem Tax ------------------------------------------------78, 140, 154, 326 HB 66-Charter Amendment ----------------------------------------79, 140, 155, 326 HB 642-Charter amended; tax rate ....................1049, 1227, 1264, 1530 HB 55-Merit System -------------------------------------------------- 78, 96, 108, 245 HB 68-Retirement System --------------------------------------------79, 97, 109, 246
Americus, City Court of
HB 1015-Pleading and practice rules -------------------1524, 1683, 1714, 1927 HB 55-Return day and appearance day ........................78, 96, 108, 245 HB 58-Salary of judge and of solicitor --------------------------96, 98, 108, 245
Animals (See Estrays Hunting; Livestock)

INDEX

1941

Animals and Game Birds
SB 145-Name ------------------------------------------------------------------1152, 1168, 1227 Anti-Mask Act
HB 12-Prohibit --------------------------------------------------------------72, 95, 119, 229 HB 650-Concealing devices --------------------------------------------1050, 1159, 1451 HB 36-Wearing of Masks ------------------------------------------------------75, 106, 129
Appearance Bonds
HB 218-Cash bond authorized in municipalities......190, 420, 1550, 1920
Appling County
HR 115-549b-Board of Education; proposed amendment to the Consttiution ----------------------------576, 884, 1595, 1866
HB 552-Commissioners; election "-----------------------------577, 634, 688, 979
Appling Superior Court
HB 550-Terms ------------------------------------------------------576, 634, 687, 883, 961
Appropriations
HB 969-Agriculture Department ----------------------------------1346, 1661, 1720 HB 660-Assistance to disabled persons ____________ 1052, 1079, 1116, 1533 HB 657-Black Rock Mountain State Park ________ 1051, 1233, 1434, 1751 HB 263-General Appropriations, Act ________ 212, 604, 6'62, 858, 890, 956 SR 5-Highway appropriations; proposed amend-
ments to Constitution ----------------------------------------------627, 653, 896 HB 964-State Institutions ----------------------------------------------------------1320, 1407 HB 649-State Institutions --------------------------------------------------------------------1050
Architects
HB 612-Examination and registration; Code Ch. 83-3 amended --------------------------------------------871, 1232, 1372, 1706
Arail, Marvin
HR 37-189d-Compensation for damage to automobile ------------------------------------------------------------148, 200, 854, 1009
Archives and History
HB 722-Director ------------------------------------------------------------------------------------1071 Assignment (See Accounts Receivable)
Assistance for Disabled Persons (See Disabled Persons)
Athens
HB 617-Elections --------------------------------------------------------------------------872, 1227 HB 614-Elections -------------------------------------------------------------------------871, 1227 HB 615-Commissioners ----------------------------------------------------------------871, 1227 HB 616--Recorder --------------------------------------------------------872, 1227 HB 86-Salary of judge and of solicitor
Atkinson County SR 32-Refunding bonds; proposed amendment to

1942

INDEX

the Constitution ..............................................522, 558, 637, 921 SB 200-Tax commissioner to be Ex-officio Sheiiff....772, 833, 885, 971 SB 352-Road Districts, create ..................................................i393, 1405
Atlanta
SB 90-Annexation of territory, method for ............459, 485, 589, 804 SB 96-Atlanta-Fulton County joint performance
committee (Plan of Improvement) ................460, 485, 590, 807 SB 98-Atlanta-Fulton County planning board and
board of zoning appeals ....................467, 486, 709, 822, 1000 HB 951-Bible Institute, degrees ....................................1318, 1397, 1545 SB 125-Charter Amendments ..........................463, 489, 592, 810, 1001 HB 491-Charter amendments ............................511, 633, 685, 992, 1009 SB 363-Charter amended; passageway over Ten-
neUe Street, housing proj~cts, salaries 1496, 1504, 1764, 1876 HB 804-Charter amended; parking meters ........1099, 1261, 1297, 1532 SB 324-Charter amended; police department, land
agent ........................................................1392, 1404, 1497, 1538 SB 362-Charter amended, recorders; territory with-
drawn from city .................... 1461, 1504, 1537, 1577, 1661, 1720, 1875, 1918 HB 798-Charter amended; revenue collector, fire department, streets, parks ..........1098, 1261, 1297, 17531 1778 HB 962-Charter amended; wards, aldermen, salaries, etc.................................................13i9, 1397, 1469, 1838 SB 269-Charter amended, waterworks, Maddox Park, group insurance .....,..1195, 1204~ 1264,1299,1753, 1799 SB 128-Civil Service system, amendments ....:.,.........4631 490, 593, 805 SB 130-Civil service system; amendments ....463-, 490, 593, 812, 1001 SB 92-Construction of streets in subdivisions ........460, 485, 590, 807 SB 325-Corner lots, assessments ........................1392, 1404, 1497, 1538 HB 476-Corporate limits extended ....................................633, 685, 978 SB 89-Corporate limits extended ..................458, 484, 6'93, 818, 1000 SB 91-Department of sanitary engineering 460, 485, 590, 809, 1000 SB 186-Elections ..........................................................671, 731, 885, 1}70 SB 166-Fire department, civil service ........................626, 652, 683, 804 SB 133-Franchise tax, common carriers ....:...464, 490, 593, 817, 1002 SB 135-Fulton County-Atlanta Plan of Improvement, transfer of employees ............464, 491, 693, 827, 1002 SB 102-Fulton County-Atlanta, survey of personnel practices and merit system ........................461, 486, 590, 808 SB 203-Health services ....................................772, 833, 885, 971, 1002 HB 395-Land lease to Tennis Development Fu!ld ....362, 421, 449, 625 SB 90-Method for annexation of territory ............459, 485, 589, 804 SB 127-Park Committee ..............................................46'3, 490, 593, 804 SB 111-Parks System ........................................461, 487, 591,800, 1001 SB 97-Paving of non-arterial streets ........................460, 486, 590, 808 SB 169-Planning engineer's salary; salary of municipal revenue collector and marshal ............626, 652, 683, 805 SB 184-Police and fire departments ............................712, 731, 780, 888 SB 131-Recorder, create additional ...................~..........................464, 490 SB 98-Salaries and allowances; appropriations; county licenses ............................................467, 709, 822, 1000 SB 129-Sale of park lands authorized..............467, 486, 709, 822, 1000 HB 492-Street tax; school employees transfe1Ted

INDEX

1943

from county to city service ----------------------------511, 553, 595, 829 SB 132-Tax assessors and receivers ................464, 490, 593, 817, 1002 SB 114-Tax assessors and receivers ---------------------------.462, 488,591, 802 SB 100-Tax collection -------------------------------------------------.460, 486, 590, 808
Atlanta Judicial Cireuit
HB 82-Assistant solicitors-general ------------------------81, 97, 112, 197, 569
Atlanta-Fulton (:{)unty Planning Board
SB 245-Abolished ------------------------------------------------1110, 1115, 1476, 1757
Athletic Games and Contests
HB 934-Illegal activities in connection with ------------------------------------------------------ 1284, 1354, 16'97, 1871, 1913
Attestation (See Registrable Instruments)
Attorneys at Law (See Bar)
HR 123-Credit for veterans on bar examinations ------------------------699, 981 HB 977-Fees ------------------------------------------------------------------------------------------1348 HB 995-Practic~efinition ------------------------------------------------------1453, 1498
Attorney-General
HB 784-Charitable trusts; Attorney General as representative of beneficiaries ------------------1096, 1198, 1372, 1752
Auctions
SB 156--Jewelry auctions, license; .... ----------------------------574, 602, 779, 960
Audits
HB 605-File with Secretary of State ---------------------------------------------------- 711
Augusta
HB 990-Augusta-Richmond County Building Authority ........:.............................................1384, 1465, 1631, 1868
HB 276-990a-Augusta-Richmond County Building Authority; proposed amendment to the Constitution --------------------------------------------1384, 1465, 1631, 1868
HB 1032-Charter amended; civil service commis!:ion -------------------------------------------------------------------- 1527,1563, 1716, 1929
HB 1031-Charter amended; civil service ..............1527, 156'3, 1716, 1928 HB 988---,-Charter amended; councilmen ..............1383, 1463, 1500, 1748 HB 989-Charter amended; elections, registration 1384,1463, 1500, 1748 HB 601-Commissioner of Public Safety ------------------675, 722, 783, 1006 SB 210-Corporate limits ----------------------------------------------831, 834, 886, 970 SB 208-Corporate limits extended ----------------------------831, 834, 886, 969 SB 211-Corporate limits extended --------------------.332, 834, 886, 970, 1003 SB 212-Elections ----------------------------------------------------------832, 834, 886, 969 SB 2Q9-Fire and police department employees ........831, 834, 886, 970
Augusta-Richmond County Building Authority
HB 990-Creating Act --------------------------------1384, 1463. 1500, 1753, 1824

1944

INDEX

Augusta and Waynesboro Railroad
HB 566'-Charter amendment --------------------------------------578, 681, 729, 1004 Augusta Judicial Circuit
SB 82-Additional judge ------------------------------------------------------522, 557, 902 SB 213-Judge's salary --------------------------------------------------832, 835, 886, 969 HB 586-Judge's salary ----------------------------------------623, 682, 727, 982, 988 Augusta Municipal Court
HB 538-Amendments -----------------------------------------540, 588, 640, 982, 987 Austell
HB 690-Charter amended, elections, officers ____ 1056, 1197, 1236, 1390
Authorities
See Acts establishing --------------------------------------------------------------------------------1974 Automobiles (See Motor Vehicles) (Narcotics)
HB 3-Licenses ________________ 70, 100, 280, 468, 492, 499, 501, 605, 606 HB 107-Special learner's permits -------------------------------- 89, 141, 403, 713 HB 328-Special license tags for amateur radio sta-
tion operators ------------------------------------------------313, 389, 845, 1007 HB 885-Turn signals; Code amended ______ 1212, 1262, 1308, 1701, 1824 SB 9-Veterans' drivers licenses ----------------------------228, 243, 478, 955 HB 868-U-Drive-It operators ----------------------------------------------------1187, 1413
Automobile License Plates
SR 124-Legislative committee to study ------------------------------------------------1911 SR 108-Special plate for Commander of Veterans
of Foreign Wars; a resolution

B

Bacon County HB 470-Commissioners; attorney --------------------------------470, 514, 557, 713
Bailiffs HB 557-Special criminal bailiffs in counties of 35,000 or more ----------------------------------------------------------577, 6'35, 689, 980
Bainbridge City Court HB 209-Amendments ----------------------------------------------------170, 238, 267, 439
Baker County HR 67-310a-Lawbooks, furnish --------------------------------254, 319, 351, 625
Ballistics SB 57-Use in Criminal Cases--evidence______ 713, 730, 836, 1264, 1398
Ballots HB 1018-Use of numbers on ----------------------------------------------------------------1525

INDEX

1945

Banks
HB 79-Capital Stock, Taxing -------------------------------------------------------- 81, 585 HB 78-Charters; examination of application and
certificate of approval --------------------81, 177, 249, 541, 559, 605 HB 870-Deposits of deceased persons ________________1188, 1328, 1728, 1923 HB 77-Loans, limit of --------------------------------------------------81, 177, 249, 521 HB 50-Mandemus -------------------------------------------------------------------------------- 77 HB 51-Purchase of stocks and investment securi-
ties --------------------------------------------------------------------77, 261, 332, 521 HB 674-Policy, Savings Banks ------------------------------------------------1054, 1160 HB 673-Trust Powers ----------------------------------------------------------------1054, 1160 HB 49-Private -------------------------------------------------------------------------------- 77, 261 SB 238-Taxation of banks; trust companies incor-
porated under laws of State ________________ 1253, 1272, 1331, 1451 HB 1020-State Banks, conversion --------------------------------------------------------1525 HB 1019-State Banks, conversion --------------------------------------------------------1525
Bar Examinations HB 625-Board of examiners; admission fee ____ 1047, 1232, 1305, 1751 HR 123-Credit to Veterans -------------------------------------------------------- 6'99, 981 HB 102-Educational Standards ---------------------------------------------------- 88, 261 HB 716-Qualifications of applicants ________________ 1070, 1462, 1735, 1922 HB 626-What subject to cover ----------------------------1047, 1232, 1306, 1751
Barnesville
HR 469-lncorporate -----------------------------------------------------_470, 600, 981, 984
Barrow County
HB 194-Commissioners; financial statement, borrowing of money -------------------------------------------- 149, 179, 203, 464
Bart{)W County
HB 686-Charter amended, registration of voters 1056, 1228, 1265, 1530
Bastards (See Children)
Baxley City Court
HR 551-Abolished, referendum --------------------------576, 6'34, 688, 883, 962
Beauchamp, W. T.
HR 23-129e-Compensation for injuries ____________________93, 200, 856, 1008
Beer (See Malt Beverages)
HB 26-Taxation of malt beverages and wines -------------------- 74, 100, 106, 271, 541, 608, 670, 716, 983, 993, 997, 1012
Berrien County
HB 466-Sheriffs salary ------------------------------------ 469, 551, 600, 844, 866 HB 467-Superior Court, clerks salary -------------------------------- 469, 552, 600
Ben Hill County
HB 576'-Commissioners -------------------------------------------- 621, 681, 726, 1004

1946

INDEX

HR 166-708j-Law books to; a resolution ............1060, 1110, 1134, 1792
Berry, Martha
HR 120-598a-Highway to honor; ------------------------675, 1231, 1272, 1558
Bibb County
HB 987-Pension System; amendments ................1383, 1463, 1499, 1791 HB 608-Pension System ------------------------------------------------------------------------ 775
Bills of Exceptions
HB 767-Filing copies, etc. (copy to Attorney-General in certain cases) ----------------------------1094, 1261, 1722, 1865
Bills of Sale
HB 225-Conditional, recording -------------------------------- 191, 263, 1088, 1751
Bills of Sale to Secure Debt
HB 888-Mortgages and conveyances to secure debt, effect of permission to debtor to exercise dominion over property ........................1212, 1354, 1521, 1924
Black Rock Mountain State Park
HR 83-361h-Appropriations ------------------------------------ 340, 422, 858, 1006'
Blackshear
HB 489-Charter amendments --------------------------------------510, 553, 638, 978
Blairsville
HB 485-Charter ---------------------------------------------- 510, 553, 596, 1251, 1301 Blanton, Wilford T.
HB 63-303c-Compensation for injuries to automobile -------------------------------------------------------- 253, 722, 1513, 1865
Bleckley County
HB 244-927d-Board of education; proposed amendment to the Constitution ......................1249, 1398, 1627, 1867
Blind (See School Building Authority for the Deaf and Blind; Vocational Rehabilitation)
SB 5-Aid to the Blind; act amend -------------------------------------------279, 323 SB 232-Aid to the blind; Act of 1937 amended
------------------------------------------------------------------ 1152, 1167' 1356, 1827 SB 307-Products sold without competitive bids ......................1327, 1334 SB 333-Aid to the blind ------------------------------------1352, 1361, 1466, 1803 HB 105-Aid to the blind ------------------------------------------------------------ 89, 153 Board of Education, State
SB 63-Alcoholism studies ---------------------------------------------------.401, 427, 554 HB 967-Inspection committees ............................1320, 1397, 1736', 1925 SB 44-Vocational rehabilitation ---------------------- ..........228, 244, 278, 889

INDEX

i947

Buard of Education (See Education) (See names of counties and municipal corporations)
HB 765-Compensation --------------------------------------------------------------------------1093 HB 1002-Compensation of members in certain coun-
ties -----------------------------------------------------------1455, 1536, 1571, 1812 SB 263-Purchases, county and city boards of edu-
cation ------------------------------------------------------1225, 1239, 1398, 1804
Board of Vocational Education SB 44-Vocational rehabilitation; Code sections repealed --------------------------------------------------------------228, 244, 478, 889
Bloody Marsh, Battle of
SR 114-Memorial ----------------------------------------------,-----'-------------------1749, 1775
Boats HB 965-Traffic rules and regulations, fresh water ---------------------------------------------------------------- i320, 1397, 1728, 1925
Bonds (See Appearance Bonds, Hospitals) HB 23-Certification and recording of corporate bonds ------------------------------------------------------------.----73, 176, 208, 402 HB 106-Gount officers' bonds ----------------------------------------89, 141, 501, 713
Boone, Joe
Elect Clerk of House ---------------------------------------------------------------- 12
Boone, Jacob
HR 205-810r-Boone Bridge to honor ------------------1102, 1231, 1271, 1558
Borom, J. W. HB 211-830b--Compensation for injuries to automobiles ----------------------------------------------------1122, 1200, 1279, 1750
Bowdon
HB 436-Corporate limits ---------------------------------------------.412, 550, 599, 879 HB 427-Mayor and council; election, terms _______________.411, 476, 516, 673
Boxing
HB 777-Control --------------------------------------------------------------------------1095, 1234
Brack, George Washington HB 206-810s-Brack Bridge to honor --------------------1103, 1231, 1271, 1558
Brantley County HB 233-908b-Board of education; proposed amendment to the Constitution ------------------------1215, 1295, 1617, 1867 HB 433-Treasurer's salary -----------------------------------------.412, 447, 483, 713
Bridges (See Highways)

1948

INDEX

Brooks, J. L. SR 54-Relieved of bond forfeiture --------------------831, 835, 887, 974
Brooks County HB 940-Tax Commissioner ----------------------------------1284, 1354, 1400, 1495
Brown, Bobby SR 91-Bobby Brown Memorial Park
Brown, Jack and Carrie McCranie Tarpley SR 203-810p-Jack Brown Road to honor ____________1102, 1231, 1271, 1558
Brunswick HB 406-Charter amendments ---------------------------384, 475, 555, 830, 838
Brunswick, City Court of HB 925-Solicitor emeritus; jurisdiction, salaries 1248, 1329, 1358, 156'0
Bryan County HB 215-Tax commissioner's salary ---------------------------170, 218, 240, 439
Bryant, King Clarence HB 33-153c-Compensation for injuries ----------------133, 348, 1487, 1749
Buchanan HB 390-Mayor and council; bonds ----------------------------361, 421, 449, 629
Buford, City Court of HB 929-Judge and solicitor; juries --------------------------------1250, 1329, 1358
Building and Loan Associations SB 305-Act of 1937 amended ----------------1392, 1404, 1755, 1856, 1920 HB 911-Amendments ----------------------------------------------------------------------------1246 HB 108-Shares as legal investments ----------------------------89, 177, 405, 976
Bullard, Ferman B. HB 35-189h-Compensation for injuries to automobile ----------------------------------------------------------148, 477, 1308, 1749
Bulloch County HB 554-Tax commissioner's salary ----------------------------577, 635, 688, 980
Burkes, L. D. Elect as messenger ------------------------------------------------------------------------------------ 19
Burning Woods HB 302-Firing of woods --------------------------------------------252, 445, 841, 1007
Busses (See Motor Vehicles) School Bus Drivers

INDEX

1949

Burke County HB 585-Judges salary ------------------------------------------------623, 682, 727, 1005
c

Cattle

HB 477-Punishment for stealing ------------------------------------------ 508, 552 HB 267-Tattoo-Marks, brands -----------------213, 445, 852, 870, 1783

Catoosa County

HB 459-Commissioners ------------------------------------------.437, 477, 517, 978 HB 457-Commissioners -------------------------------------------.437, 477, 517, 978

Cedartown
HB 7-Municipal ad valorem tax rate ------------------7, 549, 597, 976 HB 304-Tax assessments -------~-~--,-----------------253, 318, 350, 466

Cemetery Board

SB 78___:.Create -----------------------------------------------------------1151, 1168

Certified Public Weighers

HB 572-Provide

621, 779

Chamblee

HB 1022-Charter amended, mayor and councilmen, registration of voters -----------------1525, 156'3, 1715, 1928
HB 1001-Charter amended, territory added, roads,
streets, etc. -----------------------------------1455, 1497, 1538, 1812

Charlton County

HB

65-Commissioners
-.

Chatham County

79, 106, 116, 246

SR 20-Additionallndebtedness for hospital; proposed
amendment to the Constitution ---------------------206, 320, 919 SB 283-Charge fee for removal of garbage........1196, 1205, 1664, 1873
SR 9-New Tybee Island road -----------------------------157, 182, 320, 904
HR 542-Pension system --------------------------------540, 588, 640, 882 HR 182-7558-Police and licensing powers 1077, 1199, 1601, 1750, 1866 HB 190-Savannah-Chatham board of education;
election of president ----------------------------------149, 179, 202, 356 HB 1029-Registration of voters ---------------------1526, 1563, 1797, 1928 HB 310-Commissioners ............254, 389, 594, 606, 844, 864, 981, 991

Charitable Corporations (See Corporations)

Charitable Trusts (See Trusts)

Chattooga County

SB 241-Commissioners' compensation ................1110, 1115, 1128, 1166'

1950

INDEX

SB 377-0rdinary's compensation ------------------------1561, 1"579, 1708, 1756 SR 45-Lawbooks to ----------------------------------------------------671, 692, 724, 799
Chattooga County, City Court of
SB 375-Solicitor ----------------------------------------------------1560, 1579, 1708, 1756 SB 375-Solicitor; Act of 1951 repealed ------------1560, 1579, 1708, 1756
Cherokee County
HB 1008-Commissioner's clerk -----------------------------1523, 1562, 1712, 1926 HB 1009-0fficers salaries ____________:..---------------------------------1213, 1561, 1712
Cherokee Superior Court
HB 127-Terms -----------------------------------------------,------------ 92, 107, 117, 247
Children (See Adoption; Juvenile Courts)
HB 711-Age limit, dependency ------------------------------------------------------------1070 HB 422-Aid to dependent children (only one illegiti-
mate eligible) -------------------------------------------------.410, 447, 708, 977 HB 597-Abandonment, penalty --------------------674, 722, 1035, 1038, 1791 SB 225-Abandonment of child; penalty ------------------------------------1128, 1135 SB 223-Aid to dependent children, Act of 1937
amended --------------------------------------------------1224, 1239, 1465, 1827 SB 332-Aid to dependent children, Act of
1937 amended ------------------------------------------1152, H67, 1356, 1827 SB 173-Recovery for homicide of child ....1326'. 1333, 1356, 1414,1534 HB 1000-Illegitimates ------------------------------------------------------------------------------1455 HB 622-Illegitimates -----------------------------------------------------------------1046, 1257 HB 97-Responsibility of financially able --------------------------------1346, 1462 HB 300-Medical treatment for tubercular children --------------------252, 779
Cigarettes
SB 7-Prevent unfair competition ---------------------------------------------.438, 452
City Courts
HB 69-Americus, Return day and appearance day........sif, 97, 110, 197
HB 58-Salary of Judge and of Solicitor........................78, 96, 108, 245 HB 86-Athens, salary of Judge and of Solicitor ........82, 141, 155, 326 HB 209-Bainbridge, amendments ------------------------------170, 238, 267, 439 HB 551-Baxley, abolished; referendum ------------576, 634, 688, 883, 962 HB 411-Carrollton, Judge's salary ----------------------------385, 476, 515, 714 HB 67-Chattooga County, Solicitor ----------------------------79, 97, 109, 197 HB 341-Claxton, Judge's salary ----------------------------------315, 366, 399, 570 HB 245-Columbus, Judge --------------------------------------------194, 365, 397, 570 HB 244-Solicitor ----------------------------------------------------------194, 36'5, 395, 570 HB 518-Dublin, fees, fines and forfeitures ....:.......537,. 633, 686, 1004 HB 156-Eastman, amendments ------------------------------------133, 154, 180, 521 HB 524-Floyd County, Judge's salary ................538, 587, 639, 882, 962 HB 530-Griffin, salary of Judge and of Solicitor ....539, 6'33, 687, 979 SB 186-Gwinnett County, amendments --------------------671, 731, 885, 970 HB 413-Hall County, reporters ----------------------------385, 476, 515, 673 HB 404--Jesup, salary of Judge and Solicitor..............384, 422, 449, 625 HB 335-Ludowici, salaries of Judge and of Solicitor
----------------------- 314, 389, 424, 570, 881

INDEX

1951

SB 195-Metter, salary of Judge and of Solicitor
-------------------------------------------------------------- 828, 833, 885, 970, 1331 HB 490-Polk County, amendments ............................510,. 553, 595, 829 HB 541-Quitman, abolished, referendum ........540, 588, .640, 883, 974 SB 180-Reidsville, fines and forfeitures ....................670, 691, 723, 799 , HB 373-Richmond County, salary of Judge and of
Soljeitor ..........................................................341, 366, 399, 571 HB 387-Springfield, Judge's salary ..,.........................361, 391, 452, 625 HB 556---,Statesboro, terms, fines and costs, etc. 577, 635, 689, 883, 96'2 JIB 455-,-Swainsboro, salary of Judge and o! Solicitor 437, 551, 600, 829 HB 558-Walker County, creating Act ........................577, 635, 689, 980 HB 165-Wrightsville, Judge's salary ........................134, 178, 202, 356

Civil Courts

HB 498-Assistant Solicitor in counties of 108,000 to 112,000 ...........,..................................512, 553, 596, 982, 985
HB 370~udge's 'salary ................................................341, 366, 400, 571
HB 521-Stenographer's salary in counties of 65,000 to 95,000 ................................................537, 587, 640, 982, 985

Civil Court of DeKalb County

HB 233-Amendments ..........................................193, 263, 351, 606, 6'53

Civil Court of Fulton County
HB 522....,-Clerk and deputies; marshal and deputie~ 537, 634, 686, 979 HB 169~udge's salary .....................................,.:..........1&6, 164, 169, 356 SB 2-Civil Defense Act ---------------------:--229, 243, 478, 616
CiVil Service (See names ()f counties, municipal corpora~ions; Meri.t System)

SB 168-Fire department employees in cities of over 200,000 .......:..........~---------------------------------------626, 652, 683, 805
Clark Hill. Dam Area

HR 116'-Parks

616

Clarke C<lunty
HB 589-Commissioners; election --~-"~--------------~---------623, 682, 728, 1005 HB 85--Compensation of commissioners ............82, 177, 201, 326, 401 SB 214--Fire, sanitation and sewerage districts ........832, 835, 886, 968 SB 215-Pension system .................................:..............831, 835, 886, 969 HB 903-Tax Receiver and Tax Collector ............1214, 1561, 1712, 1926

Clayton County

HB 681-Coroner's compensation ..........................1065, 1080, 1111, 1251
HB 294'-0rdinary's clerks ------------------------'-233, 265, 322, 466 HB 1016-Sheriff's automobiles ........................................1490, 1708, 1772 HB 1016-Superior Court Clerk, salary ................1524, 1562, 1714, 1927

.Claxton City Court

HB 341~udge's sala:-y --------------------------------------------------315, 36'6, 399, 570

Clinch County

HB 901-0rdinary's compensation ------------------------1214, 1262, 1297, 1495

1952

INDEX

Cobb County
HB 529-Elections --------------------------------------------------------------------538, 587, 639 SB 354-Commissioner's compensation --------------------------1406, 1467, 1501 SB 175-Cobb County-Marietta Water Authority ....573, 604, 780, 888 HB 431-Coroner's salary ---------------------------------------------_412, 447, 483, 714 HB 801-Deputy Sheriffs -'-------------------------'----------1099, 1127, 1165, 1292 SR 82-Fire prevention districts ------------------------1151, 1168, 1296, 1583 SR 83-Sewage districts --------------------------------------1226, 1240, 1296, 1586 HB 289-Tax Commissioner's clerk ----------------------------233, 264, 321, 465 SB 67-Treasurer's salary -----------------------------------------_438, 453, 478, 517
Cobb Judicial Circuit
HB 103-Creating Act ------------------------------------------------------88, 153, 403, 672
Cobb Superior Court
HB 210-Deputy Clerks and Deputy Sheriffs ....170, 218, 240, 441, 454
Cochran
HB 975-Charter amended ------------------------------------1347, 1397, 1470, 1747 HB 584-Street cl{)sing authorized ----------------------------622, 6'82, 727, 1005
Code Sections
SB 172-3-505-Amended-Abatement and survival of actions ex delicto --------------------------------1325, 1333, 1465, 1808
HB 767-6-1001-Amended - Bills of exceptions (copy to Attorney-General in certain cases) ------------------------------------------------------1094, 1261, 1722, 1865
HB 716-9-103-Amended-Qualifications of applicants for bar examinations --------------------1070, 1462, 1735, 1922
HB 625-9-105-Amended-Board of Bar Examiners ------------------------------------------------------------1047, 1232, 1305, 1751
HB 626-9-110-Amended-Subjects to be covered by bar examinations ------------------------------1047, 1232, 1306, 1751
HB 625-9-113-Amended-Admission fee, bar examinations -----------------------------------------------1047, 1232, 1305, 1751
HB 78-13-905-Amending-Bank charters; examination of application, and certificate of approval ------------------------------------------81, 177, 249, 541, 559, 605
HB 77-13-2013-Amending-Limit of bank 1oans 81, 177, 249, 521 HB 51-13-2023-Amending-Banks; purchase of
stocks and investment securities --------------------77, 261, 332, 521 HB 870-13-2048-Amended-Bank deposits of de-
ceased persons ----------------------------------------1188, 1328, 1728, 1923 SB 305-Ch. 16-4-Amended-Building and loan
associations ----------------------------------1392, 1404, 1755, 1856', 1920 HB 108-16-437-Amending-Shares of Building &
Loan Assns. as legal investments -------------------,89, 177, 405, 976 HB 826-21-105-Amended-Coroner's fees in coun-
ties of 62,000 to 100,000 ----------------------1121, 1161, 1236, 1532HB 848-21-105-Amended-Coroner's fees in coun-
ties of 34,000 to 38,500 ____________ 1148, 1229, 1267, 1281, 1493 HB 241-21-105-Amending-Salary of coroner in
counties of 120,000 to 145,000 ____________________ 194, 219, 242, 419

INDEX

1953

HB 414-21-105-Amending-Coroner's salary in
counties of 37,000 to 41,000 --------------------------385, 422, 450, 625 HB 535-21-105-Amending-Coroner's salary and
expenses in counties of 300,000 or more ______________ 539, 588, 639
HB 274-21-105-21-209-Amending-Compensation of coroner and jurors in counties of 108,-
000 to 112,000 --------------------------------------215, 239, 267, 606, 696 HB 23-22-718, 22-719, 22-720-Repealing-Gcrti-
fication and recording of corporate bonds ____73, 176, 208, 402 HB 24-22-1104-Repealing-Service on non-resi-
dent corporation ------------------------------------------------73, 106, 129, 325 SB 312-22-1504-Amended-Right of foreign cor-
porations to own land in State ____________1754, 176'1, 1793, 1905
SB 370-Ch. 22-16-Amended - Domestication of foreign corPQrations --------------------1790, 1798, 1822, 1880, 1931
SB 104-Ch. 23-14-Amending-Police service in counties of 300,000 or more _______________ _461, 486, 637, 809, 1001
HB 224-24-1707, 24-1710-Amending-Ordina,:ies, vacancy or disqualification, how office fill-
ed --------------------------------------------------------------------191, 263, 457, 672 HB 516-24-2104-Amended-When business may
be transacted with ordinary --------------------536, 587, 1546, 1863 HB 415-24-2714-Amending-Photographic record-
ing in counties of 300,000 or more__________________385, 422, 450, 625
HB 231-24-2714-Amending-Dockets in counties
of over 130,000 ----------------------------------------------192, 263, 320, 569 HB 230-24-2715-Amending-lndex of recorded in-
struments in counties of more than
117,000 ------------------------------------------------------------192, 263, 484, 672 HB 564-24-2715-Amending-lndexes of recorded
instruments in counties of 29,700 to 29,750....578, 636, 691, 980 HB 239-24-2728-Amending- Fees of superior
court clerk in counties of 120,000 to 145,-
000 --------------------------------------------------------------------193, 219, 242, 419 HB 856-24-2823-Amended-Feeding of prisoners
in counties of 120,000 to 145,000 -------1149, 1229, 1268, 856 SB 138-24-3103-Amending - Compensation of
court reporters ------------------------------------712, 730, 884, 998, 1012 HB 131-24-3104-Amending - Compensation of
court reporters ----------------------------------------------102, 142, 768, 1006 SB 49-26-1010-Amending-Punishment for in-
voluntary manslaughter ------------------------229, 244, 349, 903, 991 HB 302-26-3601-Amending- Firing of woods,
etc. __________:-----------------------------------------------------252, 445, 841, 1007 HB 607-27-1503-Repealed-Trial where conten-
tion of insanity, effect of acquittal ________ 774, 1232, 1737, 1821
HB 16-29-406--Amending-Attestation of r':lgis-
trable instruments ---.------------------------------------------72, 96, 129, 325 HB 15-29-407-Amending-Attestation of regis-
trable instruments ---------------------------------------------72, 96, 128, 325 HB 14-29-409-Amending-Deeds executed out
of State ------------------------------------72, 95, 121, 356, 429, 468, 498
HB 112-30-102-Amending-Insanity as ground
for divorce --------------------------------------------------------90, 177, 762, 977
HB 391-32-904-Amending - Per diem, county

1954

INDEX

board of education in counties of 14,6'45 to 14,780 ..............................................................361, 391, 426, 571 HB 378-32-904-Amending - Compensation of board of education in counties of 28,427 to 28,437 ................................................342, 366, 367, 451, 624 HB 265-32-1006-Amending - Clerical help of county school superintendents ....................213, 586, 771, 1007 SB 44--32-2301, 32-2305-Repealing-Vocational rehabilitation ..................................................228, 244, 478, 889 HB 235-34-401-Amending-Voters' lists by precincts in counties of 86,000 to 88,000
193, 219, 241, 419, 1929 SB 279-34-1303-Amended - Compensation of
election managers and clerks ................1255, 1274, 1564, 1855 SB 72-34-1304-Added-Effect of error in mark-
ing of ballots ..............................................402, 428, 1755, 1808 HB 607--35-240-Repealed-Trial where contention
of insanity, effect of acquittal ................774, 1232, 1737, 1921 HB 803-Title 36-Amended-Condemnation pro-
ceedings in municipalities of counties of more than 250,000 ................................1099, 1127, 1165, 1291 HB 268-37-1503-Amended-Grounds for grant of interpleader, costs ......................................213, 26'4, 1088, 1708 HB 116-38-1606-Amending-Gompetency of witnesses in adultery cases ........................90, 200, 408, 713, 714 SB 207-43-138-Amending-State Parks, Historic Sites and Monuments Division, contracts with State Parks Authority ............................771, 833, 886, 989 SB 206-43-625-Amending-Sinking fund, State Parks Authority ..............................................771, 833, 885, 989 HB 780-45-146-Amended-Regulations of Game and Fish Commission as evidence ........1096, 1126, 1520, 1923 SB 146-45-222, 45-249-Amended-Hunting and fishing licenses ......1152, 1168, 1236, 1805, 1822, 1898, 1919 HB 441-45-322-Amended - Hunting with traps, poisons, etc.; hunting at night ....................435, 514, 1519 ,1921 SB 29-45-507-Amended-Killing of fish by explosives, etc., pollution of streams
228, 243, 349, 559, 1908, 1931 SB 399-45-811-Amended-Dredging for oysters
in counties of 6,000 to 6,010 ................1793, 1799, 1816, 1874 HB 508-46-101-Amended-Right to writ of garn-
ishment; wages exempt ............................535, 883, 1144, 1921 SB 37-47-101-Amending- Apportionment of
General Assembly Representatives among counties ............................................................197, 206, 239, 357 HB 512-49-314-Amended-Letters of dismission, when granted ..............................................536, 587, 1546, 1863
HB 514-49-605-Amended-Transfer of veterans committed to Milledgeville State Hospital to Federal agencies ..................................536, 1159, 1546, 1863
HB 513-49-610.1, 49-610.7-Amended - Restoration to sanity ............................................536, 721, 1546, 1863
HB 298-49-613-Amended- Lunacy commissions, expenses ...............................................-.........251, 347, 845, 1128

INDEX

1955

SB 178-Ch. 54-6- Amending - Unemployment
compensation --------------------------------------------------830, 833, 884, 993 HB 930-56'-226-Amended-Investments of insur-
ance companies ----------------------------------------1251, 1413, 1738, 1864 HB 37-56-226-Amending-lnvestments of insur-
ance companies --------------------------------------------------75, 218, 247, 541 SB 27-56-1622-Amending-License and annual
statement of insurance companies and fraternal benefit societies --------------------------254, 268, 448, 890, 903 HB 279-59-105-Amending-Compensation of jury
commissioners ------------------------------------------------231, 420, 761, 1007 HB 324-59-705-Amending-Challenge of jurors ....312, 348, 378, 672 HB 258-60-422, 60-424-Amended-Land registra-
tion ---------------------'--------------------------------------212, 264, 1088, 1707 HB 952-61-104-Amended-Construction of tenan-
cies ..........................................................1318, 1397, 1485, 1925 SB 230-62-301, 62-302-Amended-Estrays ......1293,1299, 1816', 1879 HB 671-65-101, 65-111-Amended-Cooperative
marketing associations ................1054, 1210, 1233, 1738, 1922 HB 225-67-1403-Amended-Recording of condi-
tional bills of sale ................................,.......191, 263, 1088, 1751 HB 223-67-2002-Amended-Foreclosure of mate-
rialmen's and laborers' liens ....................191, 263, 1086, 1750 HB 885-68-309-Amended-Automobile turn sig-
nals ..............................................1212, 1262, 1308, 1701, 1824 HB 892-69-407, 69-410-Amended - Street im-
provements in municipalities ................1213, 1462, 1521, 1925 HB 886'-71-107-Amended-Attestation of deeds
.................................................................. 1212, 1294, 1512, 1924 SB 299-73-222-Amended - Sale of reclaimed
lubricating oils ..................1327, 1334, 1773, 1834, 1892, '1918 HB 597-74-9902-Amended-Penalty for abandon-
ment of child ....................................674, 722, 1035, 1083, 1791 HB 664-Ch. 75-4-Uniform Limited Partnership
Act ................................................1052, 1233, 1425, 1752, 1778 HB 856-77-103-Amended-Feeding of prisoners
in counties of 120,000 to 145,000 ............1149, 1229, 1268, 856 HB 772-81-301-Amended-Demurrers and pleas,
filing, service ..........................................1094, 1261, 1512, 1923 SB 315-81-1001-Amended--Judgment on plead-
ings after amendment ............................1327, 1335, 1466, 1832
HB 631-81-1402-Amended-Continuance for absence of party or counsel as legislator 1048, 1107, 1139, 1390
SB 261-83-201-Amended-Easements for mining companies ........1534
HB 612-Ch. 84-3- Amended- Examination and registration of architects ........................871, 1232, 1372, 1707
SB 156'-84-1702- Amending- Licenses, jewelry auctions ............................................................574, 602, 779, 960
HB 330-85-1803 -Amended- Assignment of accounts receivable ..................313, 586, 1089, 1872, 1893, 1901
HB 17-92-220, 92-233-Amended-Homestead exemptions ................................................72, 346, 761, 1752, 1834
HB 653-92-233-Amended-Homestead exemption ................................................................ 1015, 1160, 1281, 1921

1956

INDEX

HB 41-92-1403-Amending - Motor fuel taxes -------------------------------------------------------- 76, 237, 269, 332, 541, 694
SB 252-92-1403-Amended-Refunds on airplane motor fuel tax ________________ 1326, 1333, 1564, 1828, 1832, 186'9
SB 251-92-3105, 92-3106-Amended-Personal exemptions; non-profit agricultural associations ------------------------------------1225, 1240, 1273, 1356, 1827, 1869
HB 863-Ch. 92-31, 92-33-Amended-Income taxes ------------------------------------------------------ 1187, 1236, 1435, 1792, 1836
SB 240-92-3210, 92-3301-Amended-Time of filing returns and payment, income taxes ____________ 1503, 1563, 1807
HB 675-92-3210-Amended-Income tax, filing returns --------------------------------------------------------1054, 1160, 1482, 1922
HB 675-92-3301-Amended-Income tax, time of payments --------------------------------------------------10'!>4, 1160, 1482, 1922
HB 7-92-4101-Amending-Municipal ad valorem tax rate ----------------------------------------------------71, 549, 597, 976
HB 6-92-5301-Amending-Commissions of tax collector or commissioner in counties of 75,000 or more ----------------------------70, 261, 332, 354, 848, 1006'
HB 136-92-6903-Amending- County Board of Tax Assessors in counties of less than 25,-
000 ----------------------------------------------------------103, 262, 403, 830, 840 HB 282-93-208-Amending-Salary of Secretary
of Public Service Commission ______________________ 232, 347, 408, 977
HB 889-95-1605-Amended-Powers and dutie!' of State Highway Board ________ 1212, 1395, 1513, 1753, 1833, 1870
SB 173-105-1307-Amended-Recovery for h:>micide of child --------------------------------1326, 1333, 1356, 1414, 1534
HB 380-Chs. 106-1, 106-9 Amended ------------------------359, 680, 1425, 1751
SB 239-109-102-Amended - Incorporation of. trust companies (approval of Superintendent of Banks) ------------------------------------------1253, 1272, 1331, 1843
HB 771-110-401-Amended--Judgments of default --------------------------------------------------------------- 1094, 1261, 1512, 1923
HB 811-113-408-Amended-Revocation by marriage, divorce, etc. --------------------------------------1119, 1294, 1545, 923
SB 41-113-1523-Amending-Conduct of interstate's business --------------------------------------------------------280, 423, 902
SB 137-113-1706 - Amending - Administrator's petition to sell land -----------------------------------------------_466, 491, 593
HB 420-114-101-Amended- Telephone cooperative as "Employer" (workmen's compensation) --------------------------------------------------------410, 586, 1734, 1920
HB 76'3-114-421-Added-Appointment of guardian for minor claimant ----------------------------1093, 1395, 1770, 1922
HB 763-114-718-Added-Interest on award pending appeal ------------------------------------------------1093, 1395, 1770, 1922
HB 370-4831 (1) (1910)-Amending-Salary of city court judges --------------------------------------------341, 366, 400, 571
HB 557-808 (P. C. 1910)-Amending-Special criminal baliffs in counties of 35,000 or
more ----------------------------------------------------------------577, 635, 689, 980

INDEX

1957

Coffee County
HB 553-Commissioners ------------------------------------------------577, 635, 6SS, 979 HB 167-Commissioners ----------------------------------------------------------135, 154, 1S1

College Park
HB 922-Charter amended; city employees ________ 124S, 1396, 146S, 1747 HB 921-Charter amended; pension system ________124S, 1396, 146S, 1747 HB 917-Charter amended; qualification of mayor
and councilmen --------------------------------------1247, 1396, 1467, 1746 HB 923-Charter amended; registration of voters
------------------------------------------------------------------ 124S, 1396, 146'S, 1747 HB 924-Charter amended; repaving __________________124S, 1396, 146S, 1747 HB 920-Charter amended; sewer assessments ____ 124S, 1396, 1467, 1746 HB 91S-Charter amended; territory detached from
------------------------------------------------------------------ 1247' 1396, 1467' 1746 HB 447-Charter amendments ____,________________________________ _436, 633, 6'S4, 97S
HB 44S-Pension system -----------------------------------------------_436, 633, 6S4, 97S

Columbus

HB 956-Charter amended; compensation of com-

missioners and mayor ----------"-----------------1319, 1355, 1401, 1703

HB HB

500-Corporate limits extended 71-Director of Public Safety

-__-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_-_5__1s2o, ,

554, 71,

597, 110,

SS1 246

HB 70-Land conveyance authorized ____________________________so, 97, 110, 246

HB 74-Land conveyance authorized ----------------------------SO, 97, 110, 246

HB 501-Pension system ----------------------------------------------512, 6S1, 726, 1004 HB 753-Recorder's court, appeals from ____________ 1075, 1355, 1401, 1703

Columbus City Court
HB 743-Appeals; writs of error ____________ 1074, 1109, 1132, 1290, 1791 HB 753-Appeals ----------------------------------------------------1075, 1161, 1201, 1390 HB 1S0-755g-Judges pro hac vice ____________________1077, 1162, 159S, 1S66' HB 245-Judge --------------------------------------------------------------194, 365, 397, 570 HB 2SS-Judge -------------------------------------------------------------------------------- 233, 423 HB 744-Judge's salary, terms ------------------------------1074, 1109, 1132, 1292 HB 244-Solicitor ------------------------------------------------------------194, 365, 395, 570
Columbus Municipal Court
HB 746-Former Acts amended ________________1075, 1109, 1132, 12S9, 1302 HR 1S0-755g-Judge pro hac vice -----------------------1077, 1162, 159S, 1S66 HB 243-Vacancy in judgeship ------------------------------------194, 365, 394, 569
Commerce Department (See Department of Commerce)
Common Trust Funds
HB 229-Act of 1943 amended ----------------------------192, 346, 403, SS2, 964
Compensations and Reimbursements
HR 247-Addington, Mrs. Floyde; compensation for injuries ---------------------------------------------------------------1250, 1464, 17S2
HR 271-Allen, Bruce F.; compensation for injuries to automobile ------------------------------------------134 7, 1465, 1547, 1S6'6
HR 37-1S9d-Ariail, Marvin; damage to automobile....148, 200, S54, 1009

1958

INDEX

HR 23-Beauchamp, W. T.; compensation for injuries ----------------------------------------------------------------93, 200, 856, 1008
HR 231-Bennett, Claude G. __________ 1190, 1236, 1485, 1498, 1782, 1929 HR 188-Black, Jack P. --------------------------------------------------------------1100, 1464 HR 63-Blanton, Wilford T.; compensation for in-
juries to automobile ------------------------------------253, 722, 1513, 1865 HR 211-Borom, J. W.; compensation for injuries
to automobile ------------------------------------------1122, 1200, 1279, 1750 HR 39-Bostick; compensate --------------------------------------------------------149, 348 HR 33-Bryant, King Clarence; compensation for
injuries --------------------------------------------------------133, 348, 1487, 1749 HR 35-Bullard, Furman B.; compensation for in-
juries ------------------------------------------------------------148, 4 77, 1308, 1749 HR 212-Burch, Charles; reimburse ----------------------------------------------------1122 HR 198-Cabe, George A.; compensation for injuries
--------------------------------------------------------------- 1101, 1235, 1486, 1866 HR 224-Cain, Wellington C.; compensation for in-
juries -------------------------------------------1151, 1235, 1308, 1753, 1835 HR 96-Carswell, Dorothy; damages ___________________.435, 636, 1774, 1929 HR 279-Cappock, Mr. and Mrs.; compensation ------------------------1454, 1536 HR 157-Dekle, Wayman; compensate ----------------------------------------1059, 1233 HR 170-Drawtin, Rachel; compensate -------------------------------------1061, 1233 HR 197-Empire Radio & Specialty Company; com-
pensation for injury to automobile ____ 1101, 1235, 1732, 1865
HR 191-Gallemore, Mrs. W. J.; compensate ----------------------------1100, 1235 HR 169-Garrett, Geraldine; compensate ______________________ 106'0, 1233, 1486 HR 263-Grace, Ben Lieutenant; compensate ----------------------------1320, 1464 HR 78-Hartsfield, H. E.; damages --------------------------------------------339, 722 HR 264-Hitchcock, W. B.; compensation for in-
juries --------------------------------------------------------1321, 1464, 1781, 1930 HR 221-Holliday, T. A.; compensation for loss of
cow ----------------------------------------------------------1150, 1200, 1302, 1750 HR 214-Hooks, Mrs. Maxie; compensation for
death of son --------------------------------------------1123, 1330, 1735, 1866 HR 56-Hutchins; damages ----------------------------------------------------------214, 1032 HR 248-Johnson, Mr. Jarvis; compensate --------------------------------1250, 1464 HR 75-Keatings Family; damages ____314, 477, 863, 1086, 1115, 1696 HR 167-Kelley, Mrs. E. H.; compensation for in-
juries to automobile --------------------------------1060, 1233, 1487, 1750 HR 87-King, Paul E.; compensation for injuries 360, 722, 1281, 1749 HR 109-Kirkwood, Fred; compensation for injuries
to automobile ----------------------------------------------537, 636, 1280, 1749 HR 232-Lane, Vinson; reimburse -------------------------------------------1215, 1464 HR 129-LaFray, George W.; damages ----------------------------------------711, 1232 HR 228-Lawson, R. E.; compensate ---------------------------------------------------1189 HR 176-Linenkohl, W. L.; compensation for injL:ries
to automobile ------------------------------------------1076, 1199, 1485, 1865 HR 226-Low, Mrs. J. W.; compensate ------------------------------------------------1151 HR 108-McCoy, William H.; damages ----------------------------------------------- 537 HR SO-Morgan, C. L.; damages ------------------------------------------------------- 339
HR 225-Mack, Henry; compensation for injuries to automobile ___________:__________________________________ 1151, 1308, 1753, 1836
HR 287-Myrick, Anne; compensation for injuries
---------------------------------------------------------------- 1490, 1536, 1781, 1930
HR 127-Palmer, Mrs. Julia C. ---------------------------------------------------- 711, 1232

INDEX

1959

HR 74-Pearson; damages ----------------------------------------314, 477, 856, 1009 HR 239-Price, William N.; compensate -------------------1216 HR 96-444a-Pilcher, Dr. J. W. and Dr. John R.
Lewis; compensatioR to ---------------.435, 636, 1774, 1929 HR 175-Raines, Louie; compensation for injuries
--------------------------- 1076, 1199, 1279, 1750 HR 79-Rackley; damages --------339, 477, 1307, 1335, 1664 HR 52-Rose, Jeff; compensation for injuries to
automobile --------------------214, 348, 1280, 1749 HR 34-Sentell, B. L.; reimbursement; payments
for damages to automobile ------------148, 636, 856, 1009 HR 213-Sherrod, Mrs. H. G.; compensate --------------------------------1122, 1235 HB 188-Simmone, A. C.; injuries to daughter ........148, 200, 856, 1006 HR 199-Sims, Bennie; compensate ............................................1102, 1235 HR 183-Smoak, Harold H.; compensation for in-
juries to automobile ---------1077, 1234, 1307, 1750 HR 163-Southland, J. W.; compensation for in-
juries ----------------------------1059, 1233, 1486, 1865, 1872, 1913 HR 73-Sturmer; damages --------------------------------------------- 314, 477 HR 24-Tanenbaum, Nathan; compensation for in-
juries to wife -------------------------------93, 143, 854, 1008 HR 251-Taylor, James; compensate ------------------------1251, 1464 HR 270-Thomas, Mrs. David Hugh; compensate ................................1321 HR 246-Waters, Mr. Durance; compensate ............................1250, 1464 HR 44 & HR 92-Wells, T. J.; damages ....................169, 477, 383, 722 HR 81-Weaver; damages ....................................................339, 478, 766 HR 273-Wiggs, Henry A.; compensation for in-
juries to automobile ................................1348, 146'5, 1664, 1866 HR 74-Wilds, D. B.; compensation ........................314, 477, 856, 1009 HR 65-Wilson, C. B.; damages------------- 253, 1231 HR 200-Willis, Mrs. S. T.; compensate ...................................1102, 1235 HR 162-Wilcher, J. W.; compensation for injuries
- 1059, 1110, 1281, 1750 HR 231-882e-Yarbrough, J. W.; compensation for
injuries ..............................1190, 1236, 1485, 1498, 1782, 1929
Comptroller General
SB 199-Employees under merit system .....................832, 834, 885, 990
Condemnation (See Mining Companies)
HB 803-Proceedings in municipalities or counties of more than 250,000 ............................1099, 1127, 1165, 1291
HB 950-Vchicles (land, water, air) transporting narcotics ..................................................1318, 1355 1482, 1925
Conditional Bills of Sale
HB 225-Recording; Code amended ........................191, 263, 1088, 1751
Confederate Memorial Park
HR 250-928b--A Resolution ........................1250, 1331, 1689, 1815, 1828
Conservation-See Fish; Soil Conservation
Continuances
HB 631-Grounds, absence of party or counsel by

1960

INDEX

by reason of at-tendance as legislator....1048, 1107, 1139, 1390
Communications
Hon. Ben Fortson --------------------------------:------------------------------------------------5, 1029 Hon. Fred Hand ------------------------------------------------------------------------------------------1933 Hon. Wm. M. Lester ---------------------------------------------------------------------------------- 352
Convicts
HB 398-Insane prisoners committeed to Milledgeville State Hospital; length of commitmenL383, 447, 762, 1007
Coolidge
HB 905-Charter amended; name, taxation __________ 1214, 1263, 1298, 1495
Cooperative Marketing Associations
HB 671-Code sections repealed ----------------1054, 1210. 1233, 1738, 1922
Coroners
HB 274-Compensation of coroner and jurors in counties of 108,000 to 112,000____________215, 239, 267, 606, &'96
HB 600-Fee in counties of 25,090 to 25,125 ____________ 675, 722, 783, 1006 HB 826-Fees in counties of 62,000 to 100,000....1121, 1161, 1236, 1532 HB 848-Fees in counties of 34,000 to
38,500 --------------------------------------------1148, 1229, 1267, 1281, 1493 HB 535-Salary and office expenses in counties of
300,000 or more ---------------------------------- -------------------539, 588, 639 HB 414-Salary in counties of 37,000 to 41,000 ________385, 422, 450, 625 HB 241-Salary in counties of 120,0000 to 145,000....194, 219, 242, 419
Corporations-See Banks; Income Tax; Insurance Companies; Railroads;
Trust Companies, Building and Loan Assn. HB 23-Bonds; certification and recording of
corporate bonds ------------------------------------------------73, 176, 208, 402 HB 66f--Charitable and non-profit corporations,
transfer of assets to Department of Public Welfare ----------------------------------------------------1052, 1079, 1116, 1493 HB 663-Corporation Act of 1938 amended ________ 1052, 1233, 1738, 1921 SB 370-Foreign corporations, domestication --------------------------------1790, 1798, 1822, 1880, 1931 SB 312-Foreign Corporations; right to own 1and in State ----------------------------------------------------1754, 1761, 1793, 1905 HB 3-License Taxes________ 70, 100, 280, 468, 492, 499, 501, 605, 606 HB 24-Non-resident, service ----------------------------------------73, 106, 129, 325 HB 996-Taxation --------------------------------------1453, 1537, 1665, 1870, 1914
Corporation Act
HB 181-0fficers reimbursement ---------------------------------------------------------- 147
Corrections, State Board of
SB 69-Director's compensation ---------------------------.401, 427, 1815, 1883
Cotton Industry
HR 125-Federal stabilization orders; a resolution ------------------------699, 829

INDEX

1961

Counties and County Matters (see names of counties)
SB 263-Boards of education, purchases..............1225, 1239, 1398, 1804 HB 851-Commissioners clerks ............................1149, 1229, 126'8, 1494 SB 266-Financial Statements ..............................1326, 1333, 1356, 1807
HB 545-Lease real estate -------575, 634, 766 HB 707-Commissioners; salary ............................1058, 1081, 1114, 1253
HB 262-County lines ----212, 269 HB 959-Road construction -------1319 HB 695-Sheriffs salary ........................................1057, 1080, 1113, 1252
HB 980-Tax Assessors, agents --------1382 HB 841-Welfare participation -------1147, 1395
Counties and County Matters (Named Counties)
HR 115-549b-Appling; board of education; proposed amendment to the Constitution; a
resolution --------------------576, 884, 1595, 1866 HB 552-Appling; commissioners, election....................577, 634, 688, 979 SR 32-Atkinson; refunding bonds, proposed
amendment to the Constitution -----522, 558, 637, 921 HB 470-Bacon; commissioners, attorney ----.470, 514, 557, 713 HR 67-310a-Baker; lawbooks to; a resolution ............254, 319, 351, 625 HB 194-Barrow; commissioners, financial statement,
borrowing of money -------149, 179, 203, 464 HB 576-Ben Hill; commissioners................................621, 681, 726, 1004 HR 166-708j-Ben Hill; law books to; a
resolution ------1060, 1110, 1134, 1792 HB 987-Bibb; pension system amended ............1383, 1463, 1499, 1791 HB 986-Bibb; pension system amended..............1383, 1463, 1571, 1812 HR 244-927d-Bleckley; board of education; propcsed
amendment to the Constitution; a
resolution -----------------1249, 1398, 1627, 1867 HR 233-908b-Brantley; board of education; proposed
amendment to the Constitution; a
resolution --------------------------1215, 1295, 1617, 1867 HB 433-Brantley; treasurer's salary --------.412, 447, 483, 713 HB 940-Brooks; tax commissioner ---------1284, 1354, 1400, 1495 HB 215-Bryan; tax commissioner's salary -----------170, 218, 240, 439 HB 554-Bulloch; tax commissioner's salary................577, 635, 688, 980 HR 215-830f-Carroll; board of education; proposed
amendment to the Constitution; a
resolution -------------1123, 1200, 1655, 1867 HB 1013-Carroll; candidates for General
Assembly ------------------1524, 1562, 1713, 1927 HB 534-Carroll; commissioner ----539, 588, 638, 867 HB 457-Catoosa; commissioner ---------.437, 477, 517, 978 HB 459-Catoosa; commissioners ---------------.437, 477, 517, 978 HR 65-Charlton; commissioners ---------79, 106, 116, 246 SR 20-Chatham; additional indebtedness for hospital;
proposed amendment to the Constitutlon..............206, 320, 919 SR 9-Chatham; new Tybee Island road; proposed
amendment to the Constitution ------------------157, 182, 320, 904 HB 542-Chatham; pension system, amendments ........540, 588, 640, 882 HR 182-755i-Chatham; police and licensing powers;
proposed amendment to the Constitution;

1962

INDEX

a resolution ----------------------------------1077, 1199, 16'01, 1750, 1866 HB 1029-Chatham; registration of voters ____________ 1526, 1563, 1797, 1928
HB 190-Chatham; Savannah-Chatham board of education, election of president ____________________ 149, 179, 202, 356
SR 45-Chattooga; lawbooks to; a resolution ____________671, 692, 724, 799 HB 1008-Cherokee; commissioner's clerk ____________ 1523, 1562, 1712, 1926
HB 1009-Cherokee; commissioner's salary ----------1523, 1562, 1713, 1926 HB 589-Clarke; commissioners, election __________________623, 682, 728, 1005
HB 85-Clarke; compensation of commissioner;; .82, 177, 201, 326, 401 SB 214-Clarke; fire, sanitation and sewerage
districts ------------------------------------------------------------832, 835, 886, 968 SB 215-Clarke; pension plan --------------------------------------831, 835, 886', 969 SB 241-Chattooga; commissioners'
compensation -------------------------------------------1110, 1115, 1128, 1166 SB 377-Chattooga; ordinary's compensation______ 1561, 1579, 1708, 1756 HB 681-Clayton; coroner's compensation __________ 1055, 1080, 1111, 1251
HB 294-Clayton; ordinary's clerks ----------------------------233, 265, 322, 466 HB 1006-Clayton; sheriff's automobiles ------------------------1490, 1708, 1772 HB 901-Clinch; ordinary's compensation ____________ 1214, 1262, 1297, 1495 SB 354-Cobb; commissioner's compensation________________ 1406, 1467, 1501
SB 175-Cobb; Cobb County-Marietta Water
Authority --------------------------------------------------------573, 604, 780, 888 HB 431-Cobb; coroner's salary -----------------------------------.412, 44 7, 483, 714 HB 801-Cobb; deputy sheriffs ----------------------------1099, 1127, 1165, 1292 SR 82-Cobb; fire prevention districts; proposed
amendment to the Constitution; a
resolution ------------------------------------------------1151, 1168, 1296', 1583 SR 83-Cobb; sewage districts; proposed amendment
to the Constitution; a resolution____________ 1226, 1240, 1296, 1586 HB 289-Cobb; tax commissioner's clerk_____________.________ 233, 264, 321, 465
SB 67-Gobb; treasurer's salary -------------------------------.438, 453, 478, 517 HB 553-Coffee; commissioners ------------------------------------577, 635, 688, 979 HR 57-277a-Crisp; board of education; proposed
amendment to the Constitution; a
resolution ------------------------------------------------------215, 319, 934, 1153 HB 700-Crisp; commissioner districts ________________1058, 1081, 1113, 1252 HR 68-310b-Dade; lawbooks to, a resolution ________________ 254, 319, 351, 466
HB 451-Dawson; commissioners ---------------------------------.436, 476, 517, 714 HB 827-Dawson; commissioner --------------------------1121, 1161, 1202, 1353 HB 742-Decatur; commissioners, meetings ________ 1074, 1108, 1131, 1253 SB 203-DeKalb; board of health, Atlanta
members, etc. ----------------------------------772, 833, 885, 971, 1002 HB 993-DeKalb; bond commission ----------------------1384, 1464, 1500, 1748 HB 581-DeKalb; civil service system________________________6'22, 581, 726, 1005
SB 170-DeKalb; Fulton and DeKalb Metropolitan
Planning Commission ------------------------626, 652, 683, 812, 1002 SB 341-DeKalb; Fulton and DeKalb planning
district, funds --------------------------------------1352, 1362, 1398, 1471 HB 248-DeKalb; pension and retirement system________ 195, 219, 242, 419 HB 240-DeKalb; street and sidewalk improvements....194, 238, 267, 440 HB 1030-DeKalb; zoning, amendments -------------- ..1527, 1563, 1715, 1928
HR 282-997d-Dodge; board of education; proposed amendment to the Constitution; a
resolution ---------------------------------------1454, 1497, 1640, 1930
HB 831-Dodge; commissioner's salary, clerk______ 1123, 1162, 1203, 1493

INDEX

1963

HB 833-Dodge; ordinary's salary ------------------------1123, 1162, 1203, 1493 HB 154-Dodge; sheriff's salary ----------------------------------133, 153, 180, 439 SB 287-Dodge; tax commissioner ______________________ 1255, 1274, 1465, 1502
HB 163-Dougherty; school system ------------------------------134, 178, 202, 356 HB 876-Douglas; commissioners ______________ 1188, 1230, 1269, 1494, 1823
HB 272-Douglas; salary of tax commissioner and
clerk ----------------------------------------------------------------214, 238, 26'6, 440 HB 900-Early; commissioners' compensation,
clerk --------------------------------------------------------1214, 1262, 1297, 1558 HB 83-Echols; commissioners, election,
qualification --------------------------------------------81, 177, 200, 357, 404 HR 220-861a-Effingham; board of education;
proposed amendment to the Constitution;
a resolution ----------------------------------------------1150, 1263, 1610, 1867 HB 880-Effingham; treasurer's salary ______________1189, 1230, 1270, 1495 HB 196-Elbert; commissioner, contracts ____________________ 149, 179, 203, 355 HB 198-Elbert; salary of commissioner's clerk__________ 150, 179, 204, 354
HR 288-1016a-Emanuel; law books to;
a resolution ----------------------------------------------1524, 1561, 1714, 1865 HB 997-Emanuel; tax commissioner's clerk________1453, 1536, 1571, 1812 HB 340-Evans; tax commissioner's salary______ 315, 366, 399, 570, 1558
HR 281-997c-Fannin; board of education; proposed amendment to the Constitution; a
resolution ------------------------------------------------1454, 1497, 1636, 1868 HR 111-540a-Floyd; board of education; proposed
amendment to the Constitution; a
resolution --------------------------------------------540, 589, 951, 1701, 1765 HB 277-Floyd; pension system --------------------------215, 264, 321, 715, 732 HB 982-Floyd; zoning regulations ______________________ 1382, 146'3, 1499, 1748 HB 983-Floyd; pension system amended ____________ 1383, 1463, 1499, 1748
SB 338-Forsyth; commissioners, compensation,
clerk, etc. --------------------------------------1352, 1361, 1536, 1572, 1792 HB 129-Franklin; tax commissioner's compensation____ 92, 107, 117, 672 HB 409-Fulton; appraisal of real property________________ 385, 422, 449, 625
SB 96-Fulton; Atlanta-Fulton County joint improvement committee (plan of improvement) _____ _460, 485, 590, 807
SB 245-Fulton; Atlanta-Fulton County Planning
Board abolished --------------------------------------1110, 1115, 1476, 1757 SB 98-Fulton; Atlanta-Fulton County plannin11: board
and board of zoning appea's _____________ _467, 486, 709, 822, 1000
SB 161-Fulton; board of education employees,
pensions ----------------------------------------------------------573, 603, 637, 806 SB 384-Fulton; commissioners ----------------------------1705, 1719, 1755, 1794 SB 378-Fulton; commissioners' terms ________________ 1704, 1718, 1754, 1796 SB 105-Fulton; fire prevention system___________ _461, 487, 591, 809, 1808
SB 170-Fulton; Fulton and DeKalb Metropolitan
Planning Commission --------------------------6'26, 652, 683, 812: 1002 SB 135-Fulton; Fulton County-Atlanta plan of
improvement, transfer of employees___ _464, 491, 693, 827, 1002 SB 102-Fulton; Fulton County-Atlanta survey of per-
sonnel practices and merit systems_______________ _461, 486, 590, 808
SR 3 7-Fulton; Fulton County School District indebtedness; proposed amendment to the
Constitution ----------------------------------------------------522, 558, 836, 927 SR 36-Fulton; functions and services; proposed
amendment to the Constitution______________________ 522, 558, 724, 924

1964

INDEX

SB 107-Fulton; garbage disposal system ....................461, 487, 591, 800 HB 919-Fulton; judges' and solicitors' retirement
system ......................................................1248, 1295, 1332, 1495 SB 110-Fulton; parks and recreation commissiun......461, 487, 591, 800 SB 109-Fulton; parks system ..........................!61, 487, 693, 823, 1002 SB 159-Fulton; pension code, amendments................573, 603, 637, 806 SB 167-Fulton; pension system, transfer from
county to city service......................................626, 6'52, 683, 804 SR 38-Fulton; powers and duties of tax authorities;
proposed amendment to the Constitution......522, 558, 724, 930 SB 116-Fulton; tax commissioners; collection of
State, County and Atlanta taxes....................462, 488, 592, 802 SB 115-Fulton; tax commissioner ..............................462, 488, 492, 802 SB 117-Fulton; taxation ..................................462, 488, 592, 802, 1814 SB 272-Fulton; tax appraising agency................1195, 1204, 1264, 1298 SB 298-Fulton; civil service system amended....1255, 1275, 1296, 1332 SB 296-Fulton; group insurance for employees..1255, 1274, 1296, 1332 SB 295-Fulton; park and recreational
faci ities ..................................................1255, 1274, 1466, 1502 SB 394-Fulton; pension system;
amendments ............................................1790, 1798, 1816, 1873 SR 85-Fulton; tax commissioner; proposed amend-
ment to the Constitution; a rcsolution....1226, 1240, 1477, 1593 SB 160-Fulton; treasurer's salary ..............................573, 603, 6'37, 806 SB 386-Fulton; Teachers' retirement system
amended ..................................................1706, 1719, 1755, 1795 SB 341-Fulton and DeKalb planning district;
funds ......................................................1352, 1362, 1398, 1471 HB 567-Gilmer; commissioner's salary ......................579, 636, 690, 980 HB 958-Glynn; coroner's compensation ..............1319, 1355, 1402, 1791 HR 229-882c-Glynn; land erosion prevention; proposed
amendment to the Constitution; a resolution ......................................1190, 1263, 1613, 1871, 1900 HB 385-Glynn; tax commissioner's salary ................360, 390, 425, 571 HB 957-Gordon; coroner's fees ..........................1319, 1355, 1401, 1947 HB 740-Gwinnett; treasurer's salary ..................1074, 1108, 1131, 1791 HR 193-810f-Habersham; law books to; a resolution ................................................1101, 1199, 1238, 1391 HB 692-Habersham; tax commissioner .............. 1057, 1080, 1112, 1522 HR 102-476d-Hancock; law books to; a resolution....471, 883, 1033, 1226 HB 527-Haralson; commissioner ................................538, 587, 6'50, 881 HR 160-708d-Haralson; law books to; a resolution ......................................1059, 1109, 1134, 1814, 1823 HB 429-Harris; commissioners, amendments..............411, 447, 483, 673 SB 390-Harr:s; commissioner's compensation....1749, 1761, 1793, 1821 HB 561-Harris; Warm Springs Memorial Area Planning Commission abolished....................578, 635, 690, 980 HB 1017-Harris; compensation of commissioners ..........................................1525, 1562, 1714, 1927 HB 799-Hart; commissioner ................................ 1098, 1127, 1164, 1353 HR 216-830g-Houston; Jaw books to; a resolution ..............................................1123, 1200, 1238, 1392
HB 853-lrwin; commissioners' compensation, clerk Jefferson; commissioners ......................1149, 1229, 1268, 1532
HB 702-Jenkins; commissioners' compensation..1058, 1107, 1129, 1290

INDEX

1965

HB 587--Jenkins; coroner's salarY------------------------------623, 682, 728, 1005 HB 158--Jenkins; sheriff's salary --------------------------------134, 154, 180, 439 HB 290-Johnson; commissioner's salary______________________233, 265, 322, 465 HB 960-Lanier; commissioners' clerk ________________1319, 1355, 1402, 1790 HB 854-Lanier; ordinary's compensation______________________ 1229, 126'8, 1494 HB 523-Laurens; commissioners, election________________538, 587, 638, 881 HB 728-Laurens; election of commissioners________ 1072, 1108, 1129, 1531
HB 735-Laurens; sheriff and
deputies ------------------------------1073, 1108, 1130, 1535, 1581 1822 HB 732-Laurens; tax commissioner__________ 1073, 1126, 1163, 1535, 1580
HB 526-Lee; commissioners ----------------------------------------538, 587, 639, 881 HB 336-Long; election of commissioners____________________314, 390, 424, 570 HB 334-Long; ordinary's compensation______________________ 314, 365, 398, 570
HB 974-Lowndes; commissioner districts____________ 1347, 1397, 1469, 1703
HB 796-McDuffie; commissioner's compensation,
clerk --------------------------------------------------------1098, 1127, 1163, 1291 SB 237-Mclntosh; ordinary's compensation________ 1110, 1115, 1127, 1166 HB 275-Macon; commissioners, election, terms____________ 215, 264, 321, 465
HB 849-Madison; compensation of commissioner
and clerk ------------------------------------------------1148, 1229, 1267, 1493 SB 197-Marion; commissioners ----------------------------------712, 731, 780, 889 SB 196-Marion; commissioners ----------------------------------712, 731, 780, 888 HB 561-Meriwether; Warm Springs Memorial Area
Planning Commission abolished ____________________578, 6'35, 690, 980 HB 620-Miller, commissioners' compensation________ 968, 1126, 1163, 1289 HR 18-89a-Mitchell; lawbooks; a resolution__________________________ 116, 144, 357
HB 532-Montgomery; tax commissioner's salary________539, 588, 638, 881 HB 741-Morgan; commissioners' compensation,
clerk --------------------------------------------------------107 4, 1108, 1131, 1253 HB 84'5-Murray; commissioner's salary______________1148, 1229, 1266, 1462 HB 499-Muscogee; building regulations______________________512, 553, 596, 829
HB 242-Muscogee; commissioners, election to fill
vacancy -----------------------------------------------------------194, 365, 391, 569 HB 73-Muscogee; pensions ------------------------------------------80, 106, 116, 246 HB 751-Muscogee; ordinary's salary __________________ 1075, 1109, 1133, 1291 HB 748-Muscogee; sheriff's salary______________________1075, 1109, 1132, 1292
HB 72-Muscogee; tax commissioner's compensation....80, 106, 116, 246 HB 749-Muscogee; tax commissioner's salary____1075, 1109, 1133, 1292 HB 502-Muscogee; zoning and planning______________________512, 554, 596, 881
HB 808-0conee; commissioners' compensation....1099, 1127, 1164, 1292 HB 806~0conee; ordinary's compensation as
treasurer --------------------------------------------------1099, 1127, 116'4, 1291 HB 807-0conee; sheriff's compensation______________1099, 1127, 1164, 1291 HB 809-0conee; tax commissioner's sa!ary________ 1100, 1127, 1165, 1291
SB 77-Peach; commissioner's salary --------------------.438, 453, 478, 518 HB 680-Peach; tax commissioner -----------------1055, 1079, 1111, 1251 HR 181-755h-Pickens; law books to; a
resolution --------------------------------------------1077, 1199, 1237, 1R13 HR 240-908i-Polk; board of education; proposed
amendment to the Constitution; a
resolution -----------------------------------------1216, 1295, 1623, 1867 HB 696-Polk; treasurer's salary -------------------1057, 1080, 1113, 1252 HR 276-990a-Richmond; Augusta-Richmond County
Building Authority; proposed amendment to the Constitution; a resolution____________1384, 1465, 1631, 1868
HB 1012-Richmond; board of education,

1966

INDEX

contracts --------------------------------------------------1524, 1562, 1713, 1927 HB 990-Richmond; Augusta-Richmond County
Building Authority ----------------------1384, 1463, 1500, 1753, 1824 SB 254-Richmond; department of health; proposed
amendment to the Constitution ----------------------1153, 116'7, 1200, 1238, 1583, 1644 HR 223-861d-Richmond; law books to;
a resolution ----------------------------------------------1151, 1231, 1271, 1813 HR 49-248d-Richmond; lawbooks, a resolution....195, 219, 242, 440, 453 HB 591-Richmond; pension system, amendmenL....623, 682, 728, 1006 HR 101-476c-Richmond; street and sidewalk improve-
ment; proposed amendment to
Constitution -------------------------------------------------.471, 554, 948, 1153 HR 201-810n-Rockdale; board of education; proposed
amendment to the Constitution;
a resolution ----------------------------------------------1102, 1162, 1604, 1867 HB 193-Schley; commissioner districts ----------------------149, 179, 203, 355 SB 153-Screven; coroner's fees..................................522, 558, 594, 641 HB 379-Spalding; commissioner's
compensation ------------------------------------------342, 366, 368, 451, 624 HR 259-943a-Spalding; Griffin-Spalding County; school
system; proposed amendment to the Constitution;
a resolution ----------------------------------------------1285, 1398, 1648, 1868 HB 377-Spalding; zoning --------------------------------------------342, 366, 399, 571 HB 6'87-Stephens; commissioners'
compensation ------------------------------------------1056, 1080, 1112, 1252 HB 685-Stephens; ordinary's compensation........1056, 1080, 1111, 1252 HB 125-Stewart; salary of commissioner's clerk........91, 107, 117, 147 HB 126-Stewart; tax commissioner's salary................91, 107, 117, 247 HB 57-Sumter; salary of commissioners......................78, 106, 116, 245 HB 561-Talbot; Warm Springs Memorial Area
Planning Commission abolished ____________________578, 635, 690, 980
SB 356-Taliaferro; board of education
purchases ------------------------------------------------1394, 1406, 1467, 1539 SB 320-Taliaferro; board of education
expenditures --------------------------------------------1293, 1300, 1357, 1403 SB 357-Taliaferro; commissioners, purchases....1394, 1406, 1467, 1539 SB 306-Taliaferro; commissioners'
compensation ------------------------------------------1256, 1275, 1357, 1403 SB 321-Taliaferro; expenditures ------------------------1293, 1300, 1357, 1404 HB 432-Tattnall; ordinary's salary..............................412, 447, 483, 879
SB 181-Tattnall; police ------------------------------------------------6'70, 691, 723, 797 SB 360-Tattnall; police force ----------------------------1394, 1406, 1537, 1717
SB 359-Tattnall; police ----------------------------------------1394, 1406, 1467, 1502
HB 706-Telfair; commissioner's clerk's salary....1058, 1081, 1114, 1253
SB 40-Telfair; sheriff's compensation......................228, 244, 319, 367 Telfair; tax commissioner's clerk............1058, 1081, 1114, 1253
HB 123-Tift; compensation of commissioners..............91, 115, 144, 247
HR 284-1007a-Tift; land conveyance to;
a resolution ----------------------------------------------1490, 1537, 1735, 1864
HR 128-605b-Toombs; law books to; a resolution....711, 884, 1034, 1227
SR 84-Troup; board of education; proposed amendment to the Constitution;
a resolution ----------------------------------------------1226, 1240, 1296, 1589

INDEX

1967

SB 164--Troup; pension and retirement system..........573, 603, 637, 690 HB 456-Turner; commissioners, amendments............437, 477, 517, 673 HB 388-Twiggs; commissioners, amendments............361, 391, 426', 571 HR 60-296a-Union; board of education; proposed
amendment to the Constitution; a resolution --------------------------------------------------234, 348, 938, 1128 HB 339-Walker; commissioner's salary ____________315, 446, 483, 830, 839 HR 45-207c-Walker; lawbooks to; a resolution............169, 514, 556, 882 HB 138-Walker; salary in lieu of fees for
officers --------------------------------------------------103, 143, 478, 830, 839 HB 140-Walker; tax commissioner ---------------------------103, 143, 482, 828 HB 197-Walton; salary of chairman of
commissioners ------------------------------------------------150, 179, 197, 355 HB 164-Ware; commissioner's salary --------------------------134, 154, 181, 356 SB 361-Wayne; compensation of officers..........1461, 1504, 1537, 1577 HB 169-Webster; commissioner's salary and
expenses, clerk ------------------------------------------------135, 154, 169, 356 HB 906-Webster; treasurer's salary....................1214, 1263, 1298, 1495 HB 902-Wheeler; commissioner, salary, office,
etc. ----------------------------------------------------------1214, 126'3, 1297, 1495 HB 213-Wheeler; tax commissioner's clerk................170, 218, 240, 439 HR 105-502a-Whitfield County; law books to;
a resolution ------------------------------------------------512, 883, 1033, 1227 HR 265-9671-Whitfield; law books to; a
resolution ------------------------------------------------1321, 1356, 1402, 1813 HR 235-908d-Wilcox; board of education; proposed
amendment to the Constitution;
a resolution --------------------------------------------------------1215, 1263, 16"20 HB 450-Wilcox; commissioners, election____________,______ _436, 476, 516, 880
HB 475-Wilkinson; commissioners, election...............-470, 514, 557, 829 HB 394-Worth; commissioners' compensation, street
work in municipalities ------------------------------------362, 394, 427, 572
Counties and County Matters (By Population).
HB 498-Assistant solicitor, city court, in counties
of 108,000 to 112,000 ----------------------------512, 553, 596, 982, 985 SB 353-Audits in counties of more than
300,000 ----------------------------------------1394, 1405, 1785, 1794, 1869 HB 378-Board of education; compensation in counties
of 28,427 to 28,437; Code 32-904
amended --------------------------------------------------342, 366, 367, 451, 624 SB 385-Board of education funds in counties of
300,000 or over -------------------------------------1705, 1719, 1755, 1795 HB 136'-Board of tax assessors in counties of less than
25,000; Code 92-6903 amended ____________ 103, 262, 403, 830, 840 HB 852-Building regulations in counties of
100,000 to 112,000 --------------------------------1149, 1198, 1237, 1702 HB 392-Candidacy, member of General Assembly,
announcement in counties of 22,000 to 22,300 ---------------------------------~--------------------------361, 391, 426, 572 HB 208-Candidacy, member of General Assembly, announcement in counties of 36,000 to
37,000 --------------------------------------------------------------170, 218, 239, 419 HB 286-Candidacy, member of General Assembly,
announcement in counties of 22,500 to

1968

INDEX

23,300 --------------------------------------------------------------232, 264, 321, 465 HB 968-Candidates for General Assembly in counties
of 22,500 to 23,300..................................1321, 1355, 1402, 1703 HB 521-City court stenographer's salary in counties
of 65,000 to 95,000................................537, 587, 640, 982, 985 HB 6-Commissions of tax collector or commissioner
in counties of 75,000 or more; Code 92-5301 amended ________________ 70, 261, 332, 354, 848, 1006
HB 389-Commissions of tax receiver in counties
of 14,180 to 14,200 ----------------------------------------361, 391, 426, 571 HB 412-Commissions of tax receivers and collector
in counties of 108,000 to 112,000..................385, 422, 449, 6'25 HB 274-Compensation of coroner and jurors in
counties of 108,000 to 112,000; Code 21-105,
21-209 amended ------------------------------------215, 239, 267, 606, 696 HB 1002-Compensation of members of board of education
in counties of 28,427 to 28,437 ............1455, 1536, 1571, 1812 HB 539-Compensation of officers and employees in
counties of 100,000 to 110,000............540, 588, 641, 982, 1987 HB 803-Condemnation proceedings in municipalities
or counties of more than 250,000;
Code Title 36 amended --------------------------1099, 1127, 1165, 1291 HB 600-Goroner's fees in counties of 25,090 to
25,125 ------------------------------------------------------------675, 722, 783, 1006 HB 826-Coroner's fees in counties of 62,000 to
100,000; Code 21-105 amended ............1121, 1161, 1236, 1532 HB 848-Coroner's fees in counties of 34,000 to
38,500; Code 21-105 amended....1148, 1229, 126'7, 1281, 1493 HB 937-Coroner's fees in counties of 25,050
to 25,125 ------------------------------------------------1284, 1396, 1469, 1702 HB 943-Coroner's compensation in counties of 24,600
to 24,800 ------------------------------------------------------------1285, 1355, 1401 HB 535-Coroner's salary and expenses in counties of
300,000 or more; Code 21-105 amendcd................539, 588, 639 HB 241-Coroner's salary in counties of 120,000 to
145,000; Code 21-105 amended......................194, 219, 242, 419 HB 414-Coroner's salary in counties of 37,000 to
41,000; Code 21-105 amended......................385, 422, 450, 625 SB 270-Deputy tax commissioner in counties of
300,000 or more......................................1153, 1166, 1536, 1572 SB 165-Director of public safety in counties of
200,000 or more ----------------------------------------------626, 652, 683, 804 HB 1007-Election hours in counties of 34,000
to 34,200 --------------------------------------------------1490, 1536, 1572, 1813 HB 698-Election hours in counties of 55,000
to 62,000 --------------------------------------------------1057, 1081, 1113, 1290 HB 537-Employees of superior court, salaries in
counties of 108,000 to 112,000............539, 588, 640, 982, 986 HB 905-Expense account of commissioners in
counties of 15,400 ~ 15,900; clerk........1214, 1263, 1298, 1495
HB 856-Feeding of prisoners in counties of 120,000 to 145,000; Code 24-2823, 77-103
amended --------------------------------------------------1149, 1229, 1268, 1856
HB 239-Fees of superior court clerk in counties of 120,000 to 145,000; Code 24-2728

INDEX

1969

amended ..........................................................193, 219, 242, 419 HB 236-Field book system of identification of real
property in counties of 120,000 to 145,000 ................................................193, 219, 236, 419, 1929 HB 216-Fines and forfeitures, disposition of, in counties of 6,700 to 6,740 ............................171, 218, 241, 439 SB 106-Fire protection; Act of 1922 (affecting counties of 200,000 or more) repealed ........................461, 487, 591, 812 HB 237-Fireworks; sales in counties of 120,000 to 145,000 ................................................193, 238, 26'7, 439, 1929 HB 276-Fireworks; sales in counties of 108,000 to 112,000 ......................................................................215, 267, 440 HB 1027-Fiscal year in counties of 100,000 to 112,000 ..........................................:.........1526, 1563, 1715, 1928 HB 791-Fiscal year in counties of 114,000 to 118,000
1097, 1126, 1165, 1327 SB 204-Garbage disposal system in counties of 200,000
or more ................................................772, 833, 885, 973, 1002 Health board in counties of 300,000 or more ............................ SB 279-Health departments in counties of 300,000 or more ........................................................1255, 1274, 1564, 1855 HB 903-Members of executive committee of political party in counties of more than 300,000 ........................................ Officers, regulations for candidates in counties of 300,000 or more ........................................................................ Park lands, sale or lease in counties of 300,000 or more ............................................................................................ SB 95-Pensions, police department, in counties of 200,000 or more ................................460, 485, 693, 819, 1002 SB 328-Pension study commission in counties of 300,000 or more ............................................1393, 1405, 1822, 1874 SB 118-Pension system in counties of 300,000 or more ....................................................462, 592, 811, 1001, 1814 HB 415-Photographic recording in counties of 300,000 or more; Code 24-2714 amended ............385, 422, 450, 625 HB 342-Planning and zoning in counties of 108,000 to 112,000 ..................................................315, 366, 400, 673, 6'96 HB 991-Plumbers and steamfitters; board of examiners in counties of 150,000 or more ........1384, 1464, 1500, 1748 SB 29.7-Police department pension system in counties of more than 200,000 ................................1255, 1275, 1296, 1332 HB 578-Police pension system in counties of 200,000 or more ..........................................................622, 681, 729, 1004 SB 104-Police services in counties of 300,000 or more; Code Ch. 23-14 amended ....................461, 486, 637, 809, 1001 SB 122-Polling places in counties of 300,000 or more ................................................................463, 489, 592, 803 SB 331-Primary elections, compensation of executive committee in counties of 200,000 or more
1393, 1405, 1498, 1539 SB 398-Primary election of county officers in counties
of 200,000 or more ................................1790, 1798, 1816, 1873
HB 238-Qualified electricians in counties of 120,000 to 145,000 ............................................193, 219, 241, 464, 1929
SB 383-Road construction in counties of 300,000

1970

INDEX

or more ....................................................1705, 1718, 1754, 1796 SB 112-Road system in counties of 300,000 or more
462, 488, 521, 558, 591, 801 SB 113-Road work in counties of 300,000 or more ........591, 801, 1001 HB 246-Salaries of clerk of superior court, sheriff,
ordinary, tax collector and tax receiver in counties of 120,000 to 145,000 ....................194, 238, 268, 440 HB 536-Salary of assistant solicitor-general in counties of 108,000 to 112,000 ........................539, 588, 639, 982, 986 HB 410-Salary of juvenile court judge in counties of 300,000 or more ........................................385, 422, 450, 625 HB 81-Salary of ordinary in counties of 300,000 ......81, 107, 118, 246 HB 792-Salaries on fiscal or calendar year basis in counties of 114,000 to 118,000 ............1097, 1126, 1165, 1291 SB 121-Schools; support in counties of 300,000 or more ....................................462, 489, 693, 826, 956, 964, 1001 SB 258-Second primary in counties of 18,525 to 18,540 ......................................................1153, 1166', 1231, 1272 HB 978-Sheriff's compensation in counties of 6,900 to 7,320 ..................................................1348, 1398, 1470, 1704 SB 185-Sheriff's compensation in counties of 4,500 to 4,525 ............................................................626, 652, 683, 799 HB 565-Solicitor-General's compensation in counties of 100,000 to 110,000 ............................578, 636, 690, 982, 988 HB 557-Special criminal bailiffs in counties of 35,000 or more; Code Sec. 808 (P.C. 1910) amended
577, 635, 689, 980 HB 832-Special deputy sheriffs in certain counties (Ga.
L. 1945, p. 1152) ....................................1123, 1162, 1203, 1493 SB 365-Subsistence of clerk of superior court in coun-
ties of 4,500 to 4,525 ............................1461, 1505, 1537, 1577
HB 231-Superior court clerk; dockets in coun1ies of over 130,000 ....................................................192, 263, 320, 569
HB 555-Superior court clerk's salary in counties of 24,600 to 24,950 ................................................577, 635, 688, 980
SB 388-Tax bills in counties of 300,000 or more 1706, 1719, 1755, 1795
SR 106-Tax board in counties of 300,000 or more; proposed amendment to the Constitution; a resolution ......................................1705, 1718, 1754, 1889, 1920
HB 293-Tax commissioner's assistant clerk in counties of 15,400 to 15,825 ............................................233, 265, 322, 466'
SB 119-Tax levies; specification of amounts and purposes in counties of 300,000 or more ............462, 488, 592, 803
HB 939-Tax receiver's commission in counties of 14,180 to 14,200 ..............................................1284, 1354, 1400, 1703
HB 212-Tax receiver's commission for collection of school tax in counties of 5,975 to 6,500 ................170, 218, 240, 439
HB 337-Traverse jurors, drawing of names in counties of 300,000 or more ........................................315, 365, 400, 714
HB 859-Traverse jurors in counties of 120,000 to 145,000 ....................................................1150, 1230, 1269, 1494
HB 235-Voters' lists by precincts in counties of 86,000 to 88,000; Code 34-401 amended ........193, 219, 241, 419, 1929

INDEX

1971

SB 163-Voting by mail in counties and cities of 300,000 or more ------------------------------------------------------------573, 603, 637, 807
HB 588-Voting machines in counties of 300,000 Qr more --------------------------------------------------------------623, 682, 729, 1005
HB 234-Voting regulations in counties of 36,000 to 37,000 ------------------------------------------------193, 218, 241, 522, 698
SB 246-Zoning and planning boards in counties of more than 300,000 --------------------------------1110, 1116', 1476, 1757, 1919
HB 247-Zoning in counties Qf 120,000 to 145,000 -------------------------------------------------------------- 195, 238, 268, 247, 1930
SB 268-Zoning in counties of 300,000 or more 1153, 1166, 1476, 1919
County Boards of Education
HB 378-Ci>mpensation in counties of 28,427 to 28,437 ----------------------------------------------------342, 366, 367, 451, 624
HB 391-Per diem in counties of 14,645 to 14,780 ______361, 391, 426', 571
County Officers
HB 148-Compensation --------------------------------------------------------132, 346, 1003
County School Superintendents
HB 265-Clerical help --------------------------------------------------213, 586, 771, 1007
County Welfare Boards
SB 222-Records ----------------------------------------------------1224, 1638, 1295, 1827
County Officers
HB 539-Gompensation of Qfficers and employees in counties of 100,000 to 110,000 ------------540, 588, 641, 982, 987
SB 142-Lien of State or county on property of county officer ------------------------------------------------627, 651, 723, 957
.Courts
Court of Appeals
SB 345--Judges emeritus; Act of 1943 amended ------------------------------------------ 1353, 1362, 1399, 1854, 1877, 1893
SB 284-0fficers and employees, retire ement ------------------------------------------------------ 1255, 1274, 1415, 1564, 1909
SB 339-Salaries of employees ----------------------------1559, 1578, 1708, 1908
Court Officers (See Fet;s)
Supreme Court
SB 346--Justices emeritus; Act of 1937 amended 1353, 1362, 1399, 1895 SB 221-0fficers and employees, retirement ______ 1224, 1238, 1356, 1807 SB 347-Salaries of employees ----------------------------1560, 1578, 1708, 1906
Superior Courts
HB 550-Appling; terms --------------------------------------576, 634, 687, 883, 961 HB 82-Atlanta Circuit; assistant
solicitors-general ----------------------------------------81, 97, 112, 197, 569 SB 82-Augusta Circuit; additional judge --------------------------522, 557, 902

1972

INDEX

SB 213-Augusta Circuit; judge's salary --------------------832, 835, 886, 969 HB 127-Cherokee; terms ------------------------------------------------92, 107, 117, 247 SB 282-Clerks, retirement fund ____________ 1226, 1239, 1296, 1887, 1920 SB 365-Clerk's subsistence in counties of 4,500 to
4,525 --------------------------------------------------------1461, 1505, 1537, 1577 HB 210-Cobb-deputy clerks and deputy sheriffs
---------------------------------------------------------------- 170, 218, 240, 441, 454 HB 103-Cobb Judicial Circuit created; Code 24-2501
amended -----------------------------------------------------------88, 153, 403, 672 SB 242-Coweta Circuit; reporter's compensation
---------------------------------------------------------------- 1195, 1204, 1331, 1403 HB 449-Dawson; terms -----------------------------------------------.436, 476, 516, 714 HB 386-Decatur; terms ------------------------------------------------36'0, 514, 556, 828 HB 155-Dodge; disposition of fines and forfeitures....133, 154, 180, 521 HB 580-Fulton; salary of judges ---------------------------622, 681, 729, 1005 HB 797-Griffin Circuit; reporter's compensation
------------------------------------------------------------------1098., 1261, 1296,, 1752 HB 266-Judges emeritus; amendments __________________ 213, 586, 1140, 1767
HB 731-Laurens; clerk and deputies ------------------------------------------ 1073, 1108, 1130, 1525, 1580, 1821
SB 193-Lookout Circuit; judge's salary -------------------671, 692, 723, 799 HB 332-Lookout Circuit; solicitor-general's compen-
sation --------------------------------------------------------------314, 348, 367, 672 HB 137-Lookout Mountain Circuit; name ______________ 103, 420, 1034, 1707
HB 295-Lumpkin; terms ------------------------------------234, 265, 322, 466, 845 HB 497-Macon Circuit; salary of judges --------------------511, 553, 596', 881 HB 87-Mitchell; terms ------------------------------------------------82, 107, 117, 229 HB 747-Muscogee; clerk's compensation ____________ 1075, 1109, 1132, 1290
HB 754-Muscogee; judge's salary; terms --------------------------------------------------HR 180-755g-Muscogee; judges pro hav vice; proposed
amendment to the Constitution; a resolution
---------------------------------------------------------------- 1077, 1162, 1598, 1866 HB 805-0conee; clerk's compensation ------------ .. 1099, 1127, 1164, 1292 HB 306-Pataula Circuit; solicitor-general's salary....253, 347, 367, 714 HB 824-Rome Circuit; judge's salary ________________ 1121, 1161, 1202, 1353 HB 563-Rome Circuit; judge's salary 578, 636, 690, 710, 724,883, 963 SB 227-Schley; terms -----------------------------------------1225, 1239, 1295, 1403 HB 752-Screven; terms ---------------------------------------1075, 1109, 1133, 1291 SB 182-Stewart; terms -----------------------------------------------671, 691, 780, 888 HB 1021-Stone Mountain Circuit; solicitor-general's
salary ------------------------------------------------------1525, 1707, 1756, 1928 HB 803-Union; terms ----------------------------------------------------------------------------------
Western Circuit; judge's salary ----------------------------------------------------Western Circuit; solicitor-general's salary -----------------------------------
Courts
City Courts
HB 1015-Americus; pleading and practice rules 1524, 1683, 1714, 1927 HB 6'9-Americus; return day and appearance day -------80, 97, 110, 197 HB 58-Americus; salary of judge and of solicitor ______ 78, 96, 108, 245 HB 86-Athens; salary of judge and of solicitor ........82, 141, 155, 326 HB 209-Bainbridge; amendments --------------------------------170, 238, 267, 439 HB 551-Baxley; abolished, referendum ____________576, 634, 688, 883, 962 HB 925-Brunswick; solicitor emeritus; jurisdiction;

INDEX

1973

salaries ------------------------------------------1248, 1329, 1358, 1560, 1674 HB 929-Buford; judge and solicitor, juries ________________ 1250, 1329, 1358
HB 67-Chattooga County; solicitor ------------------------------79, 97, 109, 197 SB 375-Chattooga County; solicitor, Act of 1951
repealed --------------------------------------------------1560, 1579, 1708, 1756 HB 341-Claxton; judge's salary ----------------------------------315, 366, 399, 570 HB 743-Columbus; appeals, writs of error 1074, 1109, 1132, 1290, 1791 HB 753-Columbus; appeals ----------------------------------1075, 1161, 1201, 1390 HB 245-Columbus; judge --------------------------------------------194, 36'5, 397, 570 HB 744-Columbus; judge's salary; terms __________ 1074, 1109, 1132, 1292 HB 244-Columbus; solicitor. Decatur; compen:>ation of
judge and of solicitor ------------------------------------194, 365, 385, 570 HB 361-Decatur; compensation of judge and of solicitor -----------------------HB 733-Dublin; clerk; fees, costs, etc. ____ 1073, 1228, 1265, 1535, 1581 HB 518-Dublin; fees, fines and forfeitures ____________537, 633, 686, 1004
HB 734-Dublin; sheriff; fees, costs, etc. 1073, 1108, 1130, 1535, 1582 HB !56-Eastman; amendments ------------------------------------133, 154, 180, 521 HB 703-Elberton; compensation of judge and of solicitor
---------------------------------------------------------------- 1058, 1081, 1114, 1253 HB 898-Floyd County; amendments __________________ 1213, 1329, 1565, 1812
HB 524-Floyd; judge'a, salary ----------------------------538, 587, 639, 882, 962 HB 530-Griffin; salary of judge and of solicitor ____539, 633, 687, 979
SB 186-Gwinnett; amendments ----------------------------------671, 731, 885, 970 HB 694-Hall County; compensation of judge and of
solicitor ----------------------------------------------------1057, 1080, 1112, 1252 HB 413-Hall County; reporter ------------------------------------385, 476, 515, 6'73 HB 404-Jesup; salary of judge and of solicitor ________ 384, 422, 449, 625 HB 693-Louisville; compensation of judge and of solicitor;
fees in condemnation cases --------------------1057, 1107, 1128, 1290 HB 335-Ludowici; salary of judge and of solicitor
---------------------------------------------------------------- 314, 389, 424, 570, 881 HB 682-Lyons; compensation of judge and
of solicitor ----------------------------------------------1055, 1080, 1111, 1462 SB 195-Metter; salary of judge and of solicitor
-------------------------------------------------------------- 828, 833, 885, 970, 1331 HB 701-Millen; compensation of judge and
of solicitor ----------------------------------------------1058, 1107, 1129, 1290 HB 697-Polk County; amendments -------------------1057, 1080, 1113, 1252 HB 490-Polk County; judge's salary, qualifications 510, 553, 595, 829 HB 541-Quitman; abolished, referendum ________540, 588, 640, 883, 974 SB 180-Reidsville; fines and forfeitures __________________670, 691, 723, 799 SB 367-Reidsville; judge's salary ______________________ 1497, 1505, 1537, 1717
HB 373-Richmond County; salary of judge and of
solicitor ------------------------------------------------------------341, 366, 399, 571 SB 311-Savannah; jurisdiction, judges ______________ 1256, 1275, 1564, 1873 HB 387-Springfield; judge's salary ____________________________ 361, 391, 452, 625
HB 556-Statesboro; terms; fines and costs, etc. 577, 6'35, 681, 883, 962 SB 401-Statesboro; terms, fines and forfeitures 1793, 1799, 1816, 1873 HB 455-Swainsboro; salary of judge and of solicitor 437, 551, 600, 829
HB 750-Sylvania; terms --------------------------------------1075, 1109, 1133, 1290
HB 705-Thomasville; compensation of judge and of
solicitor ----------------------------------------------------1058, 1081, 1114, 1253 HB 976-Valdosta; pleading and practice rules____ 1347, 1397, 1470, 1812
HB 558-Walker; creating Act ------------------------------------577, 635, 689, 980
HB 165-Wrightsville; judge's salary ------------------------134, 178, 202, 356

1974

INDEX

Courts
Civil Courts
HB 233-DeKalb; amendments --------------------------------191, 263, 1086, 1750 HB 857-DeKalb County; judges, salaries ________ 1149, 1230, 1268, 1494 HB 522-Fulton; clerk and deputies; marshal and
deputies ------------------------------------------------------------537, 634, 686, 979 SB 340-Fulton; costs, etc. ------------------------1352, 1362, 1477, 1573, 1793 HB 168-Fulton; judges' salary ------------------------------------135, 154, 182, 356'
Criminal Courts
HB 91-Fulton; assistant solicitors-general ________________84, 107, 118, 326 HB SO-Fulton; salary of judges and of solicitor-
gli!neral --------------------------------------------------------------81, 106, 118, 526
Municipal Courts
HB 538-Augusta; amendments --------------------------540, 588, 640, 982, 987 HB 746-Columbus; former Acts amended 1075, 1109, 1132, 1289, 1302 HR 180-755g-Columbus; judges pro hac vice; proposed
amendment to the Constitution; a resolution ---------------------------------------------------------------- 1077, 1162, 1598, 1866 HB 243-Columbus; vacancy in judgeship ----------------194, 365, 394, 569 SB 310-Savannah; judges ------------------------------------1256, 1275, 1564, 1874
Juvenile Courts
HB 410-Salary of judge in counties of 300,000 or more ----------------------------------------------------------------385, 422, 450, 625
HB 30-Juvenile Court Act ------------------------74, 140, 16'4, 523, 695
Acts Establishing Authorities
SB 171-Acworth Lake Authority ---------------------------573, 604, 637, 684
HB 322-Agricultural Commodities Authority :n 2, 420, 766, 842, 1007 SB 175-Cobb County-Marietta Water Authority ______573, 604, iso, 888
SB 18-Savannah District Authority ----------------196, 205, 448, 594, 714 HB 357-School Building Authority for the Deaf and
Blind ---------------------------------------338, 446, 765, 1007 SB 33-State Office Building Authority -----------------------------HB 1-State School Building Authority ------70, 176, 207, 402, 456 HB 278-Vocational Trade School Bl1ilding Au-
thority ------------------------------------------------231, 347, 433, 454, 672
Solicitors-General
HB 536-Assistant's salary in counties of 108,000 to 112,000 ---------------------------------------539, 588, 639, 982, 986
HB 82-Atlanta judicial Circuit; assistant solicitorsgeneral ----------------------------------------------------- 81, 97, 112, 197, 56'9
HB 565-Compensation in counties of 100,000 to 110,000 -----------------------------------------578, 636, 690, 982, 988
SB 68-Expense allowance --------------------------------_438, 453, 589, 957 HB 332-Lookout Circuit; compensation --------------------314, 348, 367, 672 HB 306-Pataula Circuit; salary ----------------------253, 347, 367, 714 SB 13-Retirement system; amendment --------------------195, 204, 265, 956 SB 39-Western Circuit; salary --------------------------------228, 244, 265, 323

INDEX

1975

Court Reporters
SB 138-Compensation ----------------------------------------712, 730, 884, 998, 1012 HB 131-Compensation ------------------------------------------------102, 142, 768, 1006
Coweta Judicial Circuit
SB 242-Reporter's compensation ------------------------1195, 1204, 1331, 1403
Crawford
HB 1025-Charter amended; street and sidewalks improvements ------------------------------------------1526, 1563, 1715, 1928
Crawfordville
SB 364-Charter amended, salaries ----------------------1496, 1504, 1565, 1717
Criminal Gourt of Fulton County
HB 91-Assistant solicitors-general ------------------------------84, 107, 118, 326 HB SO-Salary of judges and of solicitor-general ........81, 106, 118, 326
Criminal Law
HB 597-Abandonment of child; penalty........674, 722, 1035, 1083, 1791 HB 629-Accused, benefit of counsel ----------------------------------------1047, 1196 HB 669-Criminal trials, witnesses -------------------------------------------1053 HB 260-Criminal cases, evidence of expert witness -------------------- 212 HB 624-Criminal trials, witnesses ---------------------1047, 1232, 1774 HB 758-Certain offenses, grand jury indictment --------------------------------1093 HB 633-Criminal proceedings, husband and wife evidence ____ 1048, 1260 HB 634-Capital offense, trial ---------------------------1048, 1196, 1776, 1921 HB 640-Criminals, pursuit from State -----------------------------------------1049 HB 66'7-Criminal trials, mentally incompetent --------------------------1053 HB 666-Criminal trials, felony -------------------------------------1053 HB 634-Demand for trial; bail ----------------------------1048, 1196, 1776, 1921 HB 773-Drunk in public places ---------------------------------1095, 1197 HB 442-Evesdroppers and peeping toms ----------------------------------- 435 HB 356-Felony; penalty ----------------------------------------------------- 338 HB 461-Homicide, decedent -------------------- 468 HB 607-Insanity, contention of; trial and effect of
acquittal ----------------------------------------774, 1232, 1737, 1921 HB 813-Murderers, punishment for -------------------------1120 HB 864-0bscene language, punishment for -----------------1187 SB 323-0bscene Language --------------------------------------------------1351, 1361 SB 322-0bscene Language-Females --------------------------------------1351, 1360 HB 320-Sentences, murder --------------------------------312, 375, 765
Misdemeanors; bail ----------------------------------------------------------312, 586
Crippled Children
SB 51-Services for, transfer from Public Welfare Department to Public Health Department ........280, 323, 448, 889
Crisp County
HR 57-277a-Board of Education --------------------------215, 319, 934, 1153 HB 700-Commissioner districts ----------------------------1058, 1081, 1113, 1252

1976

INDEX

D

Dade County HR 68-310b-Lawbooks to ------------------------------------------254, 319, 351, 46(1
Dairy Products HB 31-Milk and dairy products; butter-fat tests ------------------------------------------------------------------ 74, 261, 328, 981, 994
Dallas
HB 407-Zoning -----------------------------------------------------------384, 550, 598, 879
Dalton HB 157-Mayor and aldermen, compensation ............133, 178, 201, 355
Danielsville HB 810-Charter amended; territory added ........1100, 1328, 1357, 1702
Dantone, Mrs. S. C. HR 262-962a-Relieved on appearance bond..........1320, 1356, 1469, 1930
Dawson County HB 451-Commissioners ................................................436, 476, 517, 714 HB 827-Commissioner ..........................................1121, 1161, 1202, 1353
Dawsonville SB 148-New charter ....................................................467, 492, 555, 601
Deaf Persons (See School Building Authority for the Deaf and Blind) Decatur County
HB 742-Commissioners; meetings ........................1074, 1108, 1131, 1253 HB 468-Pension system ................................................469, 552, 598, 880 Decatur, City Court of HB 861-Compensation of Judge and Solicitor......1150, 1230, 1269, 1494 Decatur Superior Court HB 386'-Terms ..............................................................360, 514, 556, 828 Deeds HB 886-Attestation, code amended ....................1212, 1294, 1512, 1924 HB 632-Certified copy as evidence ....................1048, 126'0, 1477, 1863 HB 14-Deeds executed out of State ....72, 95, 121, 356, 429, 468, 498 HB 812-Recording of ................................................................1119, 1399 Deeds to Secure Debt HB 888-Mortgages and conveyances to secure debt, ef-
fect of permission to debtor to exercise dominion over property ..................................1212, 1354, 1521, 1924

INDEX

1977

DeKalb County
SB 203-Board of Health, Atlanta members, etc. --------------------------------------------------------- 772, 833, 885, 971, 1002
HB 993-Bond Commission ----------------------------------1384, 1464, 1500, 1748 HB 581-Civil service system -----------------------------------622, 581, 726, 1005 SB 341-Fulton and DeKalb planning district; funds
-------------------------------------------------- 1352, 1362, 1398, 1471 SB 170-Fulton and DeKalb Metropolitian Plan-
ning Commission --------------------------------626, 652, 683, 812, 1002 HB 248-Pension and retirement system --------------195, 219, 242, 419 HB 240-Street and sidewalk improvements ---------194, 238, 267, 440 HB 1030-Zoning, amendments ------------------------------1527, 1563, 1715, 1928
DeKalb County Civil Court
HB 233-Amendments -------------------------------------193, 263, 351, 606, 653 HB 857-Judges; salaries ----------------------------------1149, 1230, 1268, 1494
Department of Commerce
HB 381-Welcome information service ---------------------359, 421, 770, 1007
Department of Public Defense
HB 95-Military Forces Reorganization Act ________________87, 141, 377, 572 HB 779-Civil and criminal jurisdiction -----------------------------------------1095
Department of Public Health (See Public Health Department)
Department of Public Safety (See Public Safety Department)
Department of Public Welfare (See Public Welfare Department)
Dependents
HB 33-Uniform Support of Dependents Act ____________ 75, 177, 230, 464
Descent and Distribution
HB 714-Right to inherit from deceased denied to murderer ---------------------------------------------1070, 1328, 1433, 1922
Disabled Persons
HB 660-Appropriation for assistance to, appropriation act of 1951 amended -------------------------1052, 1079, 1116, 1533
SB 8-Assistance program -----------------------'------------279, 323, 1295, 1336
Divorce
HB 112-Grounds -------------------------------------------------90, 177, 76'2, 977 HB 480-Judgments validated (petition filed less than 20
days before appearance term) -----------------509, 586, 1086, 1705 HB 509-Registration of marriages, divorces and annul-
ments -----------------------------------------------------535, 779, 1242, 1559
Doctors
HR 194-SIOg-lnternship in Milledgeville State Hospital for medical students ------------------------1101, 1356, 1721, 1865

1978

INDEX

Dodge County
HR 282-997d-Board of education ------------------------1454, 1497, 1640, 1930 HB 831-Commissioner's salary, clerk ---------------1123, 1162, 1203, 1493 HB 833-0rdinary's salary ------------------------------------1123, 1162, 1203, 1493 HB 154-Sheriff's salary ----------------------------------------------133, 153, 180, 439 SB 287-Tax commissioner ------------------------------------1255, 1274, 1465, 1502

Dodge Superior Court HB 155-Fines and forfeitures, disposition of ____________ 133, 154, 180, 521 HB 877-Dogs ------------------------------------------------------------------------------------------1189 HB 662-Licensing of --------------------------------------------------------1050, 1395, 1545 HB 372-Collars ----------------------------------------------------------------------------------------341
Doty, Robert Norton SR 86-Birth certificate; a resolution ________________ 1256, 1275, 1399, 1471
Dougherty County
HB 163-School system --------------------------------------------------134, 178, 202, 356 HB 985-Superior Court, terms ________________ 1383, 1463, 1499, 1701, 1722
Douglas County
HB 876-Commissioners ------------------------------1188, 1230, 1269, 1494, 1823 HB 272-Salary of Tax Commissioner and clerk ________ 214, 238, 266', 440
Douglasville
HB 376-Charter amendments --------------------------------------342, 421, 450, 624
Dublin HB 730-Charter amended, city limits ________________ 1072, 1108, 1130, 1531 HB 882-Charter amended; police and fire departments, officers ----------------------------------------------------1189, 1231, 1270, 1533 HB 881-Charter amended; registration ______________ 1189, 1231, 1270, 1533 HB 879-Charter amended; wards ----------------------1189, 1230, 1270, 1532 HB 583-Corporate limits --------------------------------------------622, 682, 727, 1005 HB 520-Public utility franchises --------------------------------537, 634, 686, 979
Dublin, City Court of HB 733-Clerks; fees, costs, etc. ________________ 1073, 1228, 1265, 1535, 1581 HB 734-Sheriff; fee&, costs, etc. ------------1073, 1108, 1130, 1535, 1582 HB 518-Fees, fines and forfeitures ------------------------537, 633, 686, 1004
E
East Dublin
HB 519-Charter ------------------------------------------------------------537, 633, 686, 979 HB 945-Charter 2368 ------------------------------------------1285, 1330, 1359, 1703
Early County
SB 189-Create new commissioners district --------------------------------671, 691 HB 900-Commissioners' compensation; clerk ____1214, 1262, 1297, 1558

INDEX

1979

Easements (See Mining Companies)
East Point
HB 599-Annexation of Ben Hill ..............................................................675 SB 381-Charter amended, deputy officers..........1704, 1718, 1754, 1795 SB 387-Charter amended; licenses ....................1705, 1719, 1755, 1795 SB 382-Charter amended; recorder and city ::tttorney;
territory added ............................1704, 1718, 1762, 1874, 1918 HB 527-Charter amended .................................................................... 621 SB 379-Charter amended; salary of aldermen ....1704, 1718, 1754, 1796 SB 380-Charter amended; unclaimed, stolen or abandoned
property ..................................................1704, 1718, 1754, 1796 HB 603-Charter amendments ....................................675, 722, 784, 1008 HB 495-Charter amendments ......................................511, 633, 685, 978 HB 493-Gorporate limits extended ............................511, 633, 685, 978 HB 494-Corporate limits extended ............................511, 633, 685, 978 HB 496-Public works department ................................511, 633, 686, 979
Eastern Judicial Circuit
HB 725-Additional judge ......................................................................1072
Eastman City Court
HB !56-Amendments ----------------------------------------------------133, 154, 180, 521
Eating Places (See Sanitation)
Eatonton
HB 1010-Charter amended ------------------------------------1524, 156'2, 1713, 1926
Echols County
HB 83-Commissioners; election, qualifications 81, 177, 200, 357, 404
Educations (See Schools; University System Building Authority; Vocational
Trade School Building Authority) HB 710-Capital outlay ....................1069, 1261, 1363, 1815, 1843, 1860 HB 378-County boards of education; compensation in
counties of 28,427 to 28,437 ................342, 366, 367, 451, 624 HB 391-County boards of education; per diem in counties
of 14,645 to 14,780 ----------------------------------------361, 391, 426, 571 HR 303-Courses in U. S. History and civics in schools ............1774, 1813 HR 787-Establish State Board --------------------------------------------------------------1097 HB 723-Minimum Foundation program; pupil
transportation ----------------------------------------1071, 1161, 1518, 1863 HB 440-Minimum Foundation program; amendments 435, 551, 706, 977 HB 439-Minimum Foundation program, amendments -------------------------------HB 510-Minimum Foundation program --------------------535, 586, 706, 979 HB 548-Minimum Foundation program ........ 535, 576', 700, 760, 1008 HB 437-Minimum Foundation program ......................434, 550, 618, 977 HR 54-271c-State Medical Education Board ........................................... SB 44-Vocation rehabilitation ..................................................................
Effingham County
HR 220-861a-Board of education ........................1150, 1263, 1610, 1867 HB 880-Treasurer's salary ..................................1189, 1230, 1270, 1495

1980

INDEX

Eggs
HB 318-Marketing regulations -----------------------------------------------------311, 779
Elbert County
HB 196-Commissioner; contracts -------------------------------149, 179, 203, 355 HB 198-Commissioner's clerk; salary ------------------------150, 179, 204, 354
Elberton, City Court of
HB 703-Compensation of judge and of solicitor_ 1058, 1081, 1114, 1253 HB 318-Marketing regulations --------------------------------------------------- 311, 779
Elections (See Presidential Elections, named Cities and Counties)
HB 770-Absentee voters ------------------------------------------------1094, 1234, 1776 HB 130-Bal!ots --------------------------------------------------------------------------------- 102 SB 70-Ballots -------------------------------------------------------------------------------402, 427 HB 208-Candidacy, member of General Assembly, announce-
ment in counties of 36,000 to 37,000 ________ 170, 218, 239, 419 HB 286-Candidacy, member of General Assembly announce-
ment in counties of 22,500 to 22,300 ____________ 232, 264, 321, 465 HB 392-Candidacy, member of General Assembly, announce-
ment in counties of 22,000 to 22,300 ________ 361, 391, 426, 572 HB 227-Candidates expenses, file statement ----------------------------------- 192 HB 279-Compensation of managers and clerks __________ 231, 420, 761, 1007 SB 134-County officers, regulations for candiclates in coun-
ties of 300,000 or more -------------------------------------------------------------SB 73-Closing of Polls ------------------------------------------------------402, 428, 1755 SB 229-Delegates to National Convention --------------------------------1225, 1239 SB 134-Election of officers after extension of territory
in cities of 300,000 or more ----------------------464, 490, 593, 806' SB 236-Electors ------------------------------1195, 1204, 1263, 1337, 1492, 1870 SB 72-Error in marking ballots, effect of ___________ _402, 428, 1755, 1808 SB 233-General election Act of 1943 repealed 1152, 1167, 1200, 1414 HB 1007-Hours in counties of 34,000 to 34,200
---------------------------------------------------------------- 1490, 1536, 1572, 1813 HB 38-Nomination by political parties ----------------------75, 130, 836, 960 SB 122-Polling places in counties of 300,000 or more
--------------------------------------------------------------------- 463, 489, 592, 803 SB 103-Primary elections in cities of 200,000 or more
------------------------------------------------------------------------ 461, 486, 591, 808 SR 6-Primary election of State officers on county unit
basis; proposed amendment to the Constitution ------------------------------------------------------ 255, 268, 423, 502, 518, 605 HB 40-Primary ----------------------------------------------------------------------------------- 76 HB 207-Primary recounts ----------------------------------------169, 238, 1091, 1750 SB 124-Regulations for candidates in cities of 200,000 or more ------------------------------------------------463, 489, 592, 803, 1814 HB 54-Sample ballots, lawful use of ---------------------------------------------- 78 SB 258-Second primary in counties of 18,525 to 18,540 ------------------------------------------------------1153, 1166, 1231, 1272 SB 74-Set Date ---------------------------------------------,-----------------------------402, 428 SB 84-Time for holding -------------------------------------------------------------712, 730 HB 235-Voters' lists by precincts in counties of 86,000 to 88,000 ----------------------------------------------193, 219, 241, 419, 1929

INDEX

1981

SB 163-Voting by mail in counties and cities of 300,000 or more ------------------------------------------------------------573, 603, 637, 807
SB 4-Voting by mail, members of military services ------------------------------------------------------------------------ 229, 243, 448, 901
HB 588-Voting machines in counties of 300,000 or more --------------------------------------------------------------623, 682, 729, 1005
HB 234-Voting regulations in counties of 36,000 to 37,000 ---------------------------------------------------------------- 193, 218, 241, 522, 698
HB 93-Voting machines,require ________87, 141, 432, 1280, 1560, 1734 HB 143-Voting -------------------------------------------------------------------------------------- 104
Electrical Contractors
HB 182-Board of Examiners ---------------------------------------------------------------- 147
Electricians
HB 238-Qualified electricians in counties of 120,000 to 145,000 --------------------------------------------195, 219, 241, 464, 1929
Emanuel Courity
HR 288-1016a-Law books to ----------------------------------1524, 1561, 1714, 1865 HB 997-Tax commissioner's clerk ----------------------1453, 1536, 1571, 1812
Employees' Retirement System
HB 817-Amendments --------------------------------1120, 1198, 1314, 1738, 1923 SB 3-Amendments ------------------------------------------158, 182, 239, 955, 981 HB 883-Amendments ------------------------------------------------------------------1190, 1262 SB SO-Transfer of credits to teachers' retirement
system --------------------------------------------------------------711, 730, 884, 990 HB 871-Prior service --------------------------------------------1188, 126'2, 1451, 1752
Emeritus System (See Court of Appeals; Superior Courts; Supreme Court)
Eminent Domain (See Condemnation)
Empire Radio & Specialty Company
HR 197-810j-Compensation for injuries to automobile ---------------------------------------------------------------- 1101, 1235, 1732, 1865
Employees (See Master and Servant: Workmen's Compensation)
Engineering Advisory Board, Create ------------'--------------------------------------1489, 1707
Entomology Department (See Merit System)
SB 55-Directors Compensation, Gov. to fix -------------------------------280, 324
Estrays
SB 230-Appraisal of value; fees ------------------------1293, 1299, 1816, 1879 HB 619-Create board ---------------------------------------------------------------------------- 967 HB 316-Transportation of dead carcasses ---------------------------------------- 311
Estates (See Administrators and Executors)
Eugene Talmadge Memorial Hospital
HR 155-A resolution ------------------------------------------------------------------1033, 1091

1982

INDEX

Evans County HB 340-Tax commissioner's salary ________________315, 366, 399, 570, 1558
Evidence
HB 665-Business records, memoranda, etc., as evidence --------------------------------------------------1053, 1233, 1305, 1751
HB 632-Certified copy of deed as evidence ________1048, 1260, 1477, 1863 HB 116-Competency of witnesses in adultery cases
------------------------------------------------------------------ 90, 200, 408, 713, 714 SB 144-Ministers, priests, rabbis, privileged com-
munications -------------------------------------------------713, 730, 884, 1003 HB 780-Regulations of Game and Fish commission
------------------------------------------------------------- 1096, 1126, 1520, 1923
Extradition
HB 270-Uniform criminal Extradition Act ----------------------------------------213, 347, 404, 407, 501, 829

F

Fannin County
HR 281-997c-Board of education; proposed amendment to
the Constitution -----------------------------1454, 1497, 16'36, 1868
Federal Aid to States
HR 318-A resolution --------------------------------------------------------------1857, 1931
Federal Constitution HR 218-Income taxes; proposed amendment ---------------1135, 1196, 1362 SR 8-Ratification of amendment; a resolution ....197, 204, 320, 989 HR 255-President, Congress and judiciary urged to uphold; a resolution --------------------------------------------------------------1276, 1327 HR 209-Treaty-making power; proposed amendment to Constitution -------------------------------------------111 7, 1153
Federal Income Taxes (See Taxation)
Federal Social Security Act (See Social Security)
Fees SB 278-Claims of court officers ---------1326, 1334, 1804, 1828, 1870
Fertilizer HB 443-Inspection fees; alternative method ....435, 551, 708, 760, 978
Fines and Forfeitures HB 216-Disposition of in counties of 6700 to 6740 ....171, 218, 241, 439
Firearms
SB 285-Transporting of -------------------------------1326, 1334, 1356, 1906

INDEX

1!J83

Fire Protection
SB 106-Act of 1922 (affecting counties of 200,000 or more) repealed ---------------------------------------.461, 487, 591, 812
Fireworks
HB 276-Sales in counties of 108,000 to 112,000 ________________215, 267, 440 HB 237-Sales in counties of 120,000 to 145,000
-------------------------------------------------------------- 193, 238, 267, 439, 1929 HB 350-Prohibit use of ------------------------------------------------------------------------ 337 HB 315-Sale of -------------------------------------------------------------------------------------- 311
Firing of Woods
HB 302-Firing of woods, etc., Code amended _______252, 445, 841, 1007
Fish
HB 761-Fishing and hunting licenses; agreements with adjoining States --------------------------1093, 1126, 1242, 1560, 16'86
HB 775-Fresh water, selling of ------------------------------------------------------------1095 SB 146-Hunting and fishing licenses; applications; non-
resident licenses ____ 1152, 1168, 1236, 1805, 1822, 1898, 1919 SB 29-Killing with explosives, etc., pollution of
streams --------------------------------------228, 243, 349, 559, 1908, 1931 HR 283-Lake Burton Hatchery; a resolution ----------------------------1476, 1534 HB 396-Minnows used for bait ---------------------------------------------------- 382, 514 SB 34-Restoration and management projects; cooperation
with Federal Government ----------------------------228, 243, 349, 956 HB 890-Use of unlawful devices --------------------------------------------------------1212
Fishing and Hunting Licenses
HB 3-0ccupation taxes; fishing and hunting licenses; corporation license tax; automobile licenses; tax on insurance companies ------------------------------ 70, 100, 280, 468, 492, 499, 501, 605, 606
HB 913-Non-residents ----------------------------------------------------------------------------1247
Fitzgerald
HB 844-Charter amended; officers' compensation, boards, utilities, sidewalks, etc ------------------------1148, 1198, 1237, 1391
Flowery Branch Nursery
HR 236-908e-Sale of house located on property; a resolution ------------------------------------------------------------1215, 1330, 1544
Floyd County
HR 111-540a-Board of education; proposed amendment to the Constitution ----------------------------540, 589, 951, 1701, 1765
HB 277-Pension system --------------------------------------215, 26'4, 321, 715, 732 HB 983-Pension system; amendments ________________ 1383, 1463, 1499, 1748 HB 982-Zoning regulations --------------------------------1382, 1463, 1499, 1748
Floyd County, City Court of
HB 898-Amendments --------------------------------------------1213, 1329, 1565, 1812

1984

INDEX

HB 524--Judge's salary ----------------------------------------538, 587, 639, 882, 962
Folkston
HB 60-City clerk ------------------------------------------------------------78, 96, 108, 245 HB 64-Corporate limits extended ----------------------------------79, 96, 109, 246 HB 486-Zoning --------------------------------------------------------------510, 553, 595, 880
Forest Park
HB 847-Charter amended; name, powers, elections, recorder, vacancies ----------------------1148, 1229, 1267, 1535, 1883
HB 405-Corporate limits ----------------------------------------------384, 475, 515, 673
Foresters
HB 99-State Board of Registration ----------------------------88, 177, 405, 829
Forestry Commission
HB 873-Equipment ----------------------------------------------1188, 1329, 1727, 1924 HR 237-908f-Land transfer to ----------------------------------------1216, 1330, 1544 HR 238-908g-Land transfer to ----------------------------------------1216, 1330, 1544
Forestry Investigators
HB 872-Powers of arrest--------------------------------------1188, 1329, 1722, 1924
Forsyth County
SB 338-Commissioners; compensation, election, clerk, etc. --------------------------------------1352, 136'1, 1536, 1572, 1792
Fort King George
SR 104-Development of site; a resolution............1754, 1761, 1793, 1843
Fort Oglethorpe
HB 458-Charter amended; wards; elections _____________.437, 551, 600, 880 HB 456-Charter amendments -------------------------------------.437, 477, 517, 673
Franklin County
HB 683-Charter amended; corporate limits........1055, 1160, 1201, 1390 HB 129-Tax comissioner's compensation ----------------------92, 107, 117, 672 HB 954-Fort Mountain State Park ------------------------------------------1318, 1424 HB 401-Fort Yargo Park ------------------------------------------------------------------------383 Fraternal Benefit Societies
SB 27-License and annual statement --------------254, 268, 448, 890, 903
Fulton Civil Court
SB 340-Costs; publication of calendars....1352, 1362, 1477, 1573, 1793 HB 522-Clerk and deputies; marshal and deputi.es....537, 634, 686, 979 HB 168--Judges' salary ------------------------------------------------135, 154, 182, 356 Fulton County
HB 409-Appraisal of real property ----------------------------385, 422, 449, 625 SB 98-Atianta-Fulton County planning board and
board of Zoning Appeals -----------------------------.467, 48G', 709, 822

INDEX

1985

SB 96-Atlanta-Fulton County joint improvem~nt committee (Plan of Improvement) _______________.460, 485, 590, 807
SB 245-Atlanta-Fulton County Planning Board
abolished --------------------------------------------------1110, 1115, 1476, 1757 SB 161-Board of education employees, pensions........573, 603, 637, 806 SB 298-Civil service system; amendmenL..........1255, 1275, 1296, 1332
HB 166-Civil Court ----------------------------------------------------------------------------------135 SB 384-Commissioners ----------------------------------------1705, 1719, 1755, 1794 SB 378-Commissioners; terms -----------:':_______________1704, 1718, 1754, 1796
SB 183-County Manager's Law ----------------------------------671, 691, 723, 807 SB 392-Crime laboratory, transfer to Department
of Public Safety ------------------------------------1700, 1720, 1799, 1855 SB 120-Elections ---------------------------------------------.462, 488, 693, 974, 1011 SB 341-Fulton and DeKalb planning district;
funds ------------------------------------1352, 1362, 1398, 1471 SB 105-Fire prevention system -----------------------.461, 487, 591, 809, 1808 SB 170-Fulton and DeKalb Metropolitan Planning
Commission ------------------------------------------626, 6'52, 683, 812, 1002 SB 135-Fulton County-Atlanta plan of improvement,
transfer of employees -------------------------.464, 491, 693, 827, 1002 SB 102-Fulton County-Atlanta, survey of personnel
practices and merit system ---------------------------.461, 486, 590, 808 SR 37-Fulton County School District indebtedness;
proposed amendment to the Constitution........522, 558, 836, 927
SR 36-Functions and services of countY----------------522, 558, 724, 924 SB 107-Garbage disposal system -------------------------------.461, 487, 591, 800 SB 296-Group insurance for employees..............1255, 1274, 1296, 1332 SB 389-Joint City-County Board of tax assessors,
create --------------------------------------------1705, 1719, 1755, 1816, 1919 HB 919-Judges' and solicitors' retirement
system ------------------------------------------------------1248, 1295, 1332, 1495 SB 295-Park and recreational facilities..............1255, 1274, 1466, 1502 SB 110-Parks and recreation commission_________________.461, 487, 591, 800
SB 109-Parks system -------------------------------------.461, 487, 693, 823, 1002 SB 159-Pension code, amendments ----------------------------573, 6'03, 637, 806 SB 394-Pension system, amendments ----------------1790, 1798, 1816, 1873 SB 167-Pension system, transfer from county to
city service ------------------------------------------------------626, 652, 683, 804 SB 123-Posting of political advertise-
ments ..............463, 489, 592, 803, 858, 870, 887, 1001, 1814 SR 38-Powers and duties of tax authorities;
proposed amendment to the Constituti<ln......522, 558, 724, 930
SB 162-Separate Precincts ------------------------------------------573, 603, 637, 807 SB 272-Tax appraising agency ----------------------------1195, 1204, 1264, 1298 SB 115-Tax commissioner -----------------------------------------.462, 488, 592, 802 SR 85-Tax commissioner; proposed amendment
to Constitution ----------------------------------------1226, 1240, 1477, 1593
SB 116-Tax commissioner; collection of State, county and Atlanta taxes_______________________________.462, 488, 592, 802
SB 117-Taxation ---------------------------------------------.462, 488, 592, 802, 1814
SB 119-Tax levy for special purposes..........................462, 488, 592, 803
SB 386-Teachers' retirement system__________________1706, 1719, 1755, 1795
SB 244-Terms of Grand Jurors............................1125, 1239, 1263, 1298
SB 160-Treasurer's salary ------------------------------------------573, 603, 6'37, 806

1986

INDEX

Fulton County, Criminal Court HB 91-Assistant solicitors-general ------------------------------84, 107, 118, 326 HB SO-Salary of judges and of solicitor-generaL......81, 106, 118, 326
Fulton Superior Court HB 580-Salary of judges --------------------------------------------622, 681, 729, 1005
Funeral Service Board HB 354-Create -----'--------------------------------------------------------------------------------337

G

Gainesville
HB 368-Ad valorem tax ----------------------------------------------341, 390, 425, 571 HB 592-Civil service system --------------------------------------624, 682, 728, 1006 HB 473-Sale or lease of real property -----------------------.470, 552, 598, 880
Game and Fish Commission
HB 176-Commissioners compensation --------------------------------------------146, 200 HB 780-Regulations as evidence, code
amended --------------------------------------------------1046, 1126, 1520, 1923.
Gas and Oil
HB 179-Prevent waste of --------------------------------------------------------------147, 178
Gas and Oil Commission
HB 715-Create --------------------------------------------------------------------------------------1070 Garbage Disposal
SB 108-Garbage disposal system in counties of 200,000 or more ---------------------------------------.461, 487, 591, 800
Games-See Athletic Games and Contests
Garden City
HB 795-Amendments ----------------------------------------------------------------------------1098 HB 739-Charter amended; elections, mayor's court,
eminent domain --------------------------------------1074, 1197, 123 7, 1746 HB 36'7-Zoning --------------------------------------------------------------341, 421, 452, 879
Garnishment
HB 508-Right to writ; wages exempt ____________________535, 883, 1144, 1921 HB 263-General Appropriations Act........212, 604, 662, 858, 890, 956 HB 174-Georgia Ports Authority ------------------------------------------------------------146 General Assembly
HB 392-Announcement of candidacy in counties of 22,000 to 22,300 ----------------------------------------361, 391, 426, 572
HB 286-Announcement of candidacy in counties of 22,500 to 23,300 ------------------------------ _________ 232, 264, 321, 465

INDEX

1987

HB 208-Announcement of candidacy in counties
of 36,000 to 37,000 ----------------------------------------170, 218, 239, 419 SB 37-Apportionment of members, House of Rep-
resentatives, among counties ------------------------197, 206, 239, 357 HB 186-Apportionment of members, House of

Representatives ----------------------------------------------------------------147, 318 SB 262-Attaches with 35 years service; retirement system......1293, 1299

HB 98-Bill drafting unit in Law Department............88, 237, 402, 572

SB 81-Gommission of members --------------------------------438, 453, 589, 902

HB 1013-Candidates in Carroll Countv ................1524, 156'2, 1713, 1927

HB 968-Candidates in counties of 22,500

-

to 23,300 --------------------------------------------------1321, 1355, 1402, 1703 SR 124-Committee to study automobile license plates; a resolution....1911

HB 992-Compensation bills, hearings on, procedure ------------------------------------------------1384, 1464, 1733, 1925

HR 267-Contract awarding study committee --------------------------1315, 1394

HR 130-Committee to investigate Public Welfare

Department ----------------------------------------------------------------------773, 882 HR 16-89g--Joint Committee to investigate Publi~
Welfare Department ----------------------------------------83, 107, 112, 143

HB 720-Laws and Journals, publish ------------------------------------------1071, 1197

HR 17-89h-Local and special bills, advertising,

etc. -----------------------------------------------------------83, 142, 186, 222, 980

HB 834-Reapportion members ----------------------------------------1146, 1235, 1303

HR 98-465a-Tax revision committee dissolved............469, 638, 992, 1009

HB 678-Special License tags -----------------------------------------------------'----------1055

Georgia Commission on Alcoholism

SB 53-Creating Act ----------------------------------------------------280, 324, 423, 902

Georgia Historical Commission

SB 75-Creating Act -------------------------------------------;......467, 492, 770, 960 SB 253-Expenditures-Amend --------------------------------------1293, 1299, 1564 HB 839-Funds ------------------------------------------------------1147, 1198, 1668, 1864

Gibson

HB 904-Charter amended; elections for mayor and councilmen --------------------------------------1214, 1329, 1358, 1702

Gilmer County

HB 567-Commissioner's salary -----------------------------------579, 6'36, 690, 980

Girard

HB 582-New charter --------------------------------------------------622, 682, 727, 1005

Glennville

HB 593-Charter amendments ----------------------------624, 682, 729, 982, 993 Glenwood

HB 899-Charter amended; name ------------------------1214, 1329, 1358, 1702

1988

INDEX

Glynn County
HB 958-Coroner's compensation --------------------------1319, 1355, 1402, 1791 HR 229-882e-Land erosion prevention........1190, 1263, 1613, 1871, 1900 HB 385-Tax Commissioner's salary ----------------------------360, 390, 425, 571
Gordon County
HB 957-Coroner's fees ----------------------------------------1319, 1355, 1401, 1947 Governor
HR 168-7081-Veto power --------------------------------------1060, 1199, 1367, 1706 HB 303-Governor Safety Coordinating Committee......................252, 347 SB 47-Sell book plate metal --------------------------------------------------------521, 557 Grayson
SB 151-Public utilities -----------------------------------------------.467, 492, 555, 602 Griffin
HR 259-943a-Griffin-Spalding County; school system ------------------------------------------------------1285, 1398, 1648, 1868
HB 195-Retirement System ----------------------------------------149, 179, 203, 355 HB 453-Charter amendments -------------------------------------.437, 551, 599, 880 Griffin Armory
HR 88-383d-Covenant as to use ------------------------------------36'0, 478, 617, 882 Griffin City Court
HB 530-Salary of judge and of solicitor ----------------------539, 633, 687, 979 Griffin Judicial Circuit
HB 797-Reporter's compensation ------------------------1098, 2621, 1296, 1752 (;roup Insurance (See names of counties)
Guardians and Wards
HB 512-Letters of dismission; when granted..........536, 587, 1546, 1863 HB 915-Bonds ------------------------------------------1247, 1295, 1336, 1485, 1509 Gwinnett City Court
SB 186-Amendments ----------------------------------------------------671, 731, 885, 970 Gwinnett County
HB 740-Treasurer's salary ----------------------------------1074, 1108, 1131, 1791

H

Habersam County HR 193-810f-Law books ----------------------------------------1101, 1199, 1238, 1391
Hairdressers HB 264-Regulate profession ----------------------------------------------------------213, 389

INDEX

1989

HB 692-Tax commissioner ..................................1057, 1080, 1112, 1252
Hall County, City Court of HB 694-Gompensation of judge and solicitor......1057, 1080, 1112, 1252 HB 413-Reporter ..........................................................385, 476, 515, 673
Hall, Hansford A. HR 210-830a-Hall Bridge to honor ......................1122, 1163, 1202, 1391
Hancock County HR 102-476'd-Law books to ........................................471, 883, 1033, 1226
Haralson County
HB 527-Commissioner --------------------538, 587, 650, 881 HR 160-708d-Law books to --------------1059, 1109, 1134, 1814, 1823
Hahira
HB 200-Name; election hours -----------------150, 179, 204, 354 Hand, Fred
Elect Speaker of House -------------------------------------------------------11 Harlem
HB 579-Name --------------------622, 681, 726, 1005 Harris County
HB 429-Commissioners; amendments ..........................411, 447, 483, 673 HB 1017-Commissioners' compensation --------------1525, 1562, 1704, 1927 SB 390-Commissioners' compensation ................1749, 1761, 1793, 1821 HB 561-Warm Springs Memorial Area Planning
Commission abolished ---------------------------------578, 635, 690, 980 Hart County-
HE 799-Commissioner --------------------------1098, 1127, 1164, 1353 Health (See Public Health Department)
SB 273-County health departments in counties of 300,000 or more (Ellis Health Bill) ......1254, 1274, 1398, 1877
SB 204-Health board in counties of 300,000 or more ----------------------------72, 833, 885, 973, 1002
Hephzibah
SB 191-Waterworks, sewerage --------------------------671, 691, 723, 799 Highways-See State Highway Board; Motor Vehicles
HB 953-Agricultural products, hauling of ....................1318, 1407, 1684 SR 5-Appropriations ----------------------------627, 6'53, 896 HR 205-810r-Boone Bridge to honor Jacob
Boone -------------------1102, 1231, 1271, 1558 HR 206-810s-Brack Bridge to honor George
Washington Brack ----------------1103, 1231", 1271, 1558

1990

INDEX

HR 210-830a-Hall Bridge to honor Hansford A. Hall ----------------------------------------------------1122, 1163, 1202, 1391
SB 1-Highway Board; amendments ------------------------158, 182, 220, 327 SR 113-Homer Legg Bridge ------------------------------------------------------1705, 1729 HR 203-810p-Jack Brown Road to honor Jack and
Carrie McCranie Tarpley Brown ____________ 1102, 1231, 1271, 1558 HR 207-810t--McCook Bridge to honor Shady Ann Brewer
McCook and Charles H. McCook____________ 1102, 1231, 1271, 1558 HR 120-598a-Martha Berry Highway ____________________675, 1231, 1272, 1558 HR 234-908c-Matthew H. Hughes Highway
designated ------------------------------------------------1215, 1336, 1400, 1746 HR 20-129b-Pennington Highway designed to honor
Lee W. Pennington ------------------------------------------92, 143, 156, 327 HR 208-810u-Todd Road designated to honor John
Caldwell Calhoun Todd --------------------------1103, 1163, 1202, 1391 HR 300-Talmadge Memorial Highway to honor Eugene
Talmadge ----------------------------------------------------------------------17 42, 1813 HB 820-Toll road from Florida line to St. Marys';
act of 1951 amended ------------------------------1121, 1462, 1662, 1864 HB 180-Toll road from Florida line to St. Marys';
interstate cooperation with Florida Fernandina Port Authority --------------------------------------147, 237, 375, 605, 609 HB 29-Turnpike Authority Act ____ 74, 176, 209, 700, 11G'8, 1205, 1461, 1505, 1534, 1669 HR 19-129a-Vinson Road designated to Honor J. W. Vinson, Sr. ----------------------------------------------92, 142, 157, 327 HR 204-810q-Walden Bridge to honor William Walker Walden --------------------------------------1102, 1162, 1201, 1391 HB 381-Welcome information stations --------------------359, 421, 770, 1007
Hinesville
HB 855-Charter ----------------------------------------1149, 1198, 1237, 1389, 1413
Hitchcock, W. J.
HR 264-967a-Compensation for injuries ______________ 1321, 1464, 1781, 1930

Historical Commission HB 840-Appropriation ----------------------------------------------------1147, 1235, 1669 SB 75-Creating Act ---------------------------------------.467, 492, 770, 960, 1012
Hogs HB 570-Prevent cholera --------------------------------------------------------------------------620
Holliday, T. A. HR 221-861b-Compensation for loss of cow ________ 1150, 1200, 1302, 1750
Home Rule (See municipal corporations) HB 638-Amendments ------------------------------------------------------------------1049, 1261
Homeland HB 59-Corporate limits --------------------------------------------------78, 96, 108, 439

INDEX

1991

Homestead Exemption (See taxation)
HB 654-Ad valorem taxes ------------------------1051, 116'0, 1281, 1282, 1300
Homicide
SB 173-Recovery for homicide of child....1326, 1333, 1356, 1414, 1534 SB 174-Recovery of funeral expenses________________1326, 1333, 1465, 1807 HB 714-Right to inherit or take as beneficiary under
insurance policy denied to murderer......1070, 1328, 1433, 1922
Hooks, Mrs. Maxie
HR 214-830e-Compensation ----------------------------------1123, 1330, 1735, 1866
Hospital Authority
HB 28-Revenue Bonds -------------------------------------------------74, 140, 164, 325
Hospitals
HB 595-Augusta general hospital ----------------------------674, 721, 847, 1008 HB 887-Bonds, county or municipality; use of
surplus ------------------------------------------------1212, 1262, 1379, 1924
Housing
HB 768-Housing Authorities Act amended........1094, 1234, 1306, 1923 HB 383-Housing Authorities Law (Act of 1937
amended) --------------------------------------------------------360, 446, 499, 713 HB 549-Housing projects for national defense
workers; Act of 1943 amended____________________576, 681, 760, 1008 HB 251-Redevelopment Law (Act of 1946
amended) -------------------------------------------------------210, 263, 37 4, 829
Housing Authorities
HB 250-Amendments ---------------------------------------------210, 263, 358, 572 HB 944-Amendments --------------------------------------------------------------1285, 1330 HB 253-Legalization of creation, past acts, etc..........21f, 263, 358, 572 HB 971-Notes, contracts ------------------------------------------------------------1347, 1463
Housing Corporation Law
HB 249-Act of 1937 amended ------------------------------------210, 263, 354, 572
Houston County
HR 216-830g-Law books ---------------------------------------1123, 1200, 1238, 1392
Howe, Robert Lee
HR 91-402a-Relieved of bond forfeiture --------------------383, 423, 845, 1006
Hughes, Dudley M.
HR 21-129c-Memorial Commission ----------------------------------92, 180, 700, 981
Hughes, Matthew H. HR 234-908c-Highway designated to honor____________________92, 180, 700, 981

1992

INDEX

Hunting and Fishing
HB 761-Fishing and hunting licenses; agreements with adjoining States __________________ 1093, 1126, 1242, 1560, 1686
SB 146-Hunting and fishing licenses, applications; non resident licenses......1152, 1168, 1236, 1805, 1822, 1898, 1919
HB 3-0ccupation taxes; fishing and hunting licenses; corporation license tax; automobile licenses; tax on insurance companies ____________ 70, 100, 280, 468, 492, 499, 501, 605, 606
HB 441-Traps, poisons, etc.; hunting at night.......A35, 514, 1519, 1921
HB 909-Posted lands -------------------------------------------1246, 1462

I

"I'd Climb The Highest Mountain"
HR 258-Sequel urged; a resolution --------------------------------------------1282, 1328
Ila
HB 89-New Charter ------------------------------------------------------82, 98, 111, 247
Income Taxes
HB 863-Code Ch. 92-31, 92-33 amended 1187, 1236, 1435, 1792, 1836 HB 762-Distribution of stock in reorganization; Code 92-
3120 amended ----------------------------------------1093, 1234, 1450, 1922 HB 573-Exemption-Armed Forces --------------------------------------------621, 1159 SB 251--Personal exemptions; non-profit agricultural asso-
ciations; Code 92-3105, 92-3106 amended ----------------------------1225, 1240, 1273, 1356, 1827, 1869 HB 675-Time of filing returns, time of payment; Code 923210, 92-3301 amended ------------------------1054, 1160, 1482, 1922 HB 724-Returns of Korean veterans__________________ .1072, 1294, 1451, 1706 SB 240-Time of returns and payment; Code 92-3210, 92-3301 amended ------------------------------------------------1503, 1563, 1807
Insane Persons (See Convicts; Divorce. See Criminal Law)
HR 311-Care of mentally ill veterans; a resolution ----------------1802, 1930 HB 515-Commitment of incompetent or insane veterans;
Code 49,813 amended ----------------------------- .563, 1159, 1547, 1863 HB 298-Lunacy commissions, expenses; Code 49-613
amended -------------------------------------------------------251, 347, 845, 1128 HB 776-Mentally diseased inmates-Reidsville ------------------------1095, 1354 HB 513-Restoration to sanity; Code 49-610.1, 49-
610.7 amended --------------------------------------------536, 721, 1546, 1863 HB 514-Veterans committed to Milledgeville State Hos-
pital, transfer to Federal agencies; Code 49-605 amended ----------------------------------------------------536, 1159, 1546, 1863 HB 92-Voluntary patients, Milledgeville Stat~ Hospital --------------------------------------------87, 141, 250, 269, 1545, 1791
Insurance
HB 319-Policies, cancellation ------------------------------------------------------311, 446, 1776

INDEX

1993

HR 142-Crop and hail insurance; investigation of rates; a resolution ----------------------------------------------------------------------869, 1090
HB 20-Fire ------------------------------------------------------------------------------------------ 73 HB 185-Motor Vehicle Safety Responsibility Ac';
---------------------------------------------------------------- 147' 218, 432, 767' 977 HB 714-Right to take as beneficiary denied to murderer
---------------------------------------------------------------- 1070, 1328, 1433, 1922 HB 721-Risks and property --------------------------------------------1071, 1126, 1282
Insurance Companies
HB 37-Investments, limit; Code 56-226 amended ______ 75, 218, 247, 541 HB 930-lnvestments; Code 56-226 amended ____ 1251, 1413, 1738, 1864 SB 27-License and annual statement; Code 56-1622
amended --------------------------------------------------254, 268, 448, 890, 903 SB 336-L'icensing-foreign corporations ----------------------1300, 1565, 1830 HB 3-Tax on __________________ 70, 100, 280, 468, 492, 499, 501, 605, 606
Insurance, Group (See names of counties)
Interpleader
HB 268-Grounds, costs; Code 37-1503 amended ____ 213, 264, 1088, 1706
Involuntary Manslaughter
SB 49-Punishment; Code 26-1010 amended ____ 229, 244, 349, 903, 991
Iron City
SB 302-Charter amended; mayor and aldermen 1256, 1275, 1331, 1403 SB 302-Provide terms of Mayor and Alderman____ l256, 1275, 1331, 1403
Irwin County
HB 853-Commissioners' compensation, clerk ______ 1149, 1229, 1268, 1532

J

Jackson
SB 368-Charter ----------------------------------------1533, 1579, 1755, 1797, 1869
Jefferson County
HB 691-Commissioners; compensation, clerk ------------------------------------------------------ 1056, 1080, 1112, 1492, 1507
Jekyll Island State Park Authority
HB 9-Jekyll Creek Bridge --------------------------------------------71, 95, 118, 249 HB 416-Jekyll Creek Bridge -----------------------------------_409, 632, 766, 1008 HB 517-Length of existence and of leases; surplus mate-
rials, etc. --------------------------------------------------------536, 633, 766, 1008 HB 630-Licenses; easements; Act of 1950 amended
---------------------------------------------------------------- 1048, 1159, 1479, 1921 Jenkins County
HB 587-Coroner's salary -------------------------------------------623, 682, 728, 1005

1994

INDEX

HB 702-Commissioners' compensation ----------------1058, 1107, 1129, 1290 HB !58-Sheriff's salary ----------------------------------------------134, 154, 180, 439
Jesup HB 955-Charter amended ------------------------------------1318, 1355, 1401, 1703
Jesup City Court HB 404-Salary of judge and of solicitor --------------------384, 422, 449, 625
Jonesboro HB 846-Charter amended; corporate limits ........1148, 1229, 1267, 1532
Jewelry Auctions SB !56-Licenses; Code 84-1702 amended ------------------574, 602, 779, 960
Johnson County
HB 290-Commissioners' salary ------------------------------------233, 265, 322, 465
Judgments HB 771-Default judgments, where damages liquidated (suits on account); Code 110-401 amended ......1094, 1261, 1512, 1923
Judge Superior Court
SB 275-Emeritus; salary ------------------------------------------------1274, 1540, 1853 Juries and Jurors
HB 324-Challenges; Code 59-705 amended ----------------312, 348, 378, 672 HB 337-Drawing in counties of 300,000 or more ........315, 365, 400, 714 HB 859-Traverse jurors in counties of 120,000 to 145,000
---------------------------------------------------------------- 1150, 1230, 1269, 1494 HB 134-Women jurors ---------------------------------------------------------------- 103, 206 Jury Commissioners HB 279-Compensation; Code 59-105 amended ........231, 420, 761, 1007 HB 30-Juvenile Court Act ----------------------------------74, 140, 164, 523, 695 Juvenile Courts SB 138--Judge's salary in counties of 300,000 or more
-------------------------------------------------------------- 712, 730, 884, 998, 1012

K

Kennesaw
HB 942-Amendments --------------------------------1285, 1355, 1401, 1753, 1781 HB 941-Amendments ------------------------------------------------------1284, 1354, 1400 Kelley, Mrs. E. H.
HR 167-708k-Compensation for injuries to automobile; a resolution -------------------------------------------- .. 1060, 1233, 1487, 1750

INDEX

1995

King, Paul E.

HR 87-383c-Compensation for injuries; a

--~

resolution ....................................................360, 722, 1281, 1749

Kirkwood, Fred, Jr.

HR 109-517d-Compensation for injuries to automobile; a resolution ................................................537, 636, 1280, 1749

L

Labels and Trademarks SB 205-Georgia Farm Products ....................................................831, 834
Labor HB 359-Membership in ..................................................................338, 653 HB 360-lnjunction ................................................................................ 338 HB 323-Membership .............................................................................. 312
Laborers Liens (See Liens) LaGrange
SB 140-Franchises ......................................................467, 491, 554, 602 SB 141-Recorder's court ..............................................467, 491, 555, 601 Lake Burton Fish Hatchery HR 283-Development and maintenance; a resolution ............1476, 1534 Lake City HB 291-Charter ............................................................233, 318, 349, 465 Lake Lanier (See Lanier, Sidney) Lake Park HB 927-Charter amended; Gordon Street ....................1249, 1329, 1358 Land Conveyances HR 31-153a-Savannah River islands, conveyance to United
States authorized; a resolution ............133, 180, 500, 830, 839 Land Registration
HB 258-Decree; Code 60-422, 60-424 amended ....212, 264, 1088, 1707 Landlord and Tenant
HB 952-Tenancy at will, when tenancy so construed; Code 61-04 amended ........................................1318, 1397, 1485, 1925
Lanier, Sidney HR 72-331b--Lake Lanier; a resolution ................31"3, 422, 1035, 1090
Lanier County HB 960-Commissioners' clerk ..............................1319, 1355, 1407, 1790

1996

INDEX

HB 854-0rdinary's compensation ....................................1229, 1268, 1494
Laurens County
HB 523-Commissioners; election ..................................538, 587, 638, 881 HB 728-Commissioners, election ..........................1072, 1108, 1129, 1531 HB 735-Sheriff and deputies ........1073, 1108, 1130, 1535, 1581, 1822 HB 732-Tax commissioner ........................1073, 1126, 1163, 1535, 1580 HB 878-Treasurer ............................................................1189, 1230, 1270
Laurens Superior Court
HB 731-Clerk and deputies ............1073, 1108, 1130, 1535, 1580, 1821
Lavonia
HB 794-Charter amended; salary of mayor and councilmen ..........................................................1098, 1228, 1266, 1531
HB 124-Salaries of mayor and councilmen, registration of voters ....................................................91, 142, 156, 327
Law Department
HB 98-Bill Drafting Unit ............................................88, 237, 402, 572 HB 346-Retirement System .......................................................... 336, 446
Lawbooks
HR 67-310a-Baker County .......................................254, 319, 351, 625 SR 45-Chattooga County ............................................671, 692, 724, 799 HR 68-310b-Dade County ..........................................254, 319, 351, 466 HR 18-98a-Mitchell County ................................................116, 144, 357 HR 49-248a-Richmond County ........................195, 219, 242, 440, 453 HR 45-207c-Walker County ......................................169, 514, 556, 882
Lawyers (See Bar Examinations)
Lee County
HB 526-Commissioners ................................................538, 587, 639, 881
Legg, Homer
SR 113-Bridge to honor ............................................................1705, 1729
Levy and Sales (See Revenue Commissioner)
Lewis, Dr. John R.
HR 96-444a-Compensation to
Licenses (See Auctions; Automobiles; Foresters; Taxation; Architects; Automo-
bile License Plates; Fish; Hunting; Insurance Companies)
HR 255-Applied psychologists, State Board of Examiners ................................................................ 211, 550, 847, 993, 996
SB 27-Insurance companies and fraternal benefit societies, license and annual statement; Code 56-1622 amended ..................................................254, 268, 448, 890, 902
HB 115-Physical Therapists Practice Act ....................90, 177, 377, 572 HB 238-Qualified electricians in counties of 120,000
to 145,000 ............................................193, 219, 241, 464, 1929

INDEX

1997

HB 507-Livestock dealers, licensing and regulation ---------------------------------------- 535, 586, 765, 842, 1420, 1871, 1901
Liens
HB 223-Materialmen's and laborers', foreclosure; Code 67-2002 amended ----------------------------------------191, 263, 1086, 1750
SB 142-State's or county's lien on property of county officers -------------------------------------------------- __________627, 651, 723, 957
Vmited Partnerships
HB 22-Repeal Act --------------------------------------73, 152, 184, 222, 244, 521
Linenkohl, W. L.
HR 176-755c-Compensation for injuries to automobile ---------------------------------------------------------------- 1076, 1199, 1485, 1865
Liquor Stills
SB 330-Penalty for -------------------------------------------- _______________________ 1352, 136l
Livestock-Estrays
HB 428-Auction markets ------------------------------------------------------------- 509, 552 HB 351-Parasitic control of -------------------------------------------------------- 337, 421 HB 1034-Running at large ----------------------------------------------------------1552, 1717 HB 949-Rabies -----------------------------------------------------1317, 1396, 1669, 1870 Livestock Dealers
HB 507-Licensing and regulation 538, 586, 765, 842, 1420, 1871, 1901
Loans (See Small Loans)
HB 972-0n installment ------------------1347, 1397, 1478, 1509, 1540, 1687
Long County
HB 336-Commissioners; election --------------------------------314, 390, 424, 570 HB 334-0rdinary's compensation --------------------------------314, 365, 398, 570 Lookout Mountain Judicial Circuit
HB 137-Name ----------------------------------------------------------103, 420, 1034, 1707 Lookout Judicial Circuit
SB 193---Judge's salary --------------------------------------------------671, 692, 723, 799 SB 271-Raise salary of Judge --------------------------------------------------1254, 1273 HB 332-Solicitor-General's compensation --------------------314, 348, 367, 672 HB 639-Lottery --------------------------------------------------------------------------1049, 1196 Louisville
HB 296-Charter amendment ---------------------------------------234, 318, 350, 521 HB 688-Charter amended; tax rate ----------------1056, 1228, 1265, 1530 Louisville, City Court of
HB 693-Compensation of judge and of solicitor: fees in condemnation cases --------------------------------1057, 1107, 1128, 1290

1998

INDEX

Lowndes County HB 974-Commissioner districts ----------------------------1347, 1397, 1469, 1703
Lubricating Oils SB 299-Sale of r~claimed oils; Code 73-222 amended ------------------------------------------ 1327, 1334, 1773, 1834, 1892, 1918
Ludowici Oity Court HB 335-Salaries of judge and of solicitor ________314, 389, 424, 570, 881
Lumber City HB 159-Name -------------------------------------------------------------134, 178, 201, 355
Lumpkin County SB 201-Commissioner --------------------------------------------------712, 732, 885, 971
Lumpkin Superior Court HB 295-Terms ------------------------------------------------------234, 265, 322, 466, 845
Lunacy Commissioners (See Insane Persons) Lyons
HB 737-Charter amended; wards, elections, registration, officers ---------------------------------------------------1073, 1108, 1131, 1292
Lyons, City Court of HB 682-Compensation of judge and of solicitor 1055, 1080, 1111, 1462

M

McCook, Charles H. and Shady Ann Brewer McCook
HR 207-810t-McCook Bridge to honor ----------------1103, 1162, 1201, 1391
McDuffie County
HB 796-Commissioners ----------------------------------------1098, 1127, 1163, 1291 HB 207-Commissioner's compensation; clerk ________ 169, 238, 1091, 1750 HB 208-Commissioner's compensation -------------- _________ 170, 218, 239, 419
Mcintosh County
SB 237-0rdinary's compensation ------------------------1110, 1115, 1127, 1166
Mack, Henry
HR 225-86lf-Compensation for injuries 1151, 1235, 1308, 1753, 1836
Macon
HB 796-Charter amended; land conveyance ________ 1098, 1127, 1163, 1291 HB 452-Charter amended; registration of voters
------------------------------------------------------------ 437, 551, 599, 1196, 1307 HB 973-Charter amended; Rose Street ---------- _1347, 1397, 1469, 1747 HB 800-Charter amended; water commissioners,

INDEX

1999

hospital ....................................................1098, 1228, 1266, 1531 HB 525-City Court ------------------------------------ 538 HB 119-Corporate limits ------------------91, 119, 155, 326 HR 217-830h-Hospital facilities -------------1123, 1163, 1607, 1867 HB 369-Mayor's term ..................................................341, 42f, 450, 624 HB 122-Mayor's veto power ........................................91, 142, 156, 327 HB 120-Method of extending city limits ........................91, 141, 155, 326 HB 75-Pension and retirement system ..........................80, 97, 111, 439 HB 118-Pension and retirement system ............90, 141, 155, 460, 498 HB 305-Police and fire departments, membership
in unions ..........................................................253, 445, 482, 672 HB 121-Police department ............................................91, 142, 156, 326
Macon County
HB 275-Commissioners; elections, terms ....................21"5, 264, 321, 465
Macon Judicial Circuit
HB 497-Salary of judges ............................................511, 553, 596, 881
Madison County
HB 849-Compensation of commissioner and clerk 1148, 1229, 1"267, 1493
Madray, J. M.
SR 40-Relieved of bond forfeiture ............................831, 835, 887, 974
Malt Beverages (See taxation, Alcoholic Beverages)
HB 299-Dealers in ................................................................................ 252 HB 96-Prohibit near churches ..........................................87, 1362, 1406 HB 26-Taxation ................................74, 100, 106, 271, 541, 608, 670,
716, 983, 993, 997, 1012 HB 45-Taxation ..............................................................................76, fOO HB 117-Sale and Distribution .............................................................. 90 HB 484-Sale of ................................................................................510, 586
Manchester
HB 825-Charter amended; corporate limits ........1121", 1561, 1708, 1926
Marietta
HB 128-Additional debt; motor vehicles; taxation; civil defense ..............................................92, 142, 156, 327, 559
SB 175-Cobb County-Marietta Water Authority ........573, 604, 780, 888 SB 281-Charter amended; mayor and council; sewers,
civil service in fire and police departments; registration, officers ..............................1195, 1205, 1398, f470 SB 337-Charter amended; school property ........1393, 1405, 1466, 1501 SB 355-Charter amended; sewer service charges 1496, 1504, 1565, 1716
Marriage
HB 203-Annulment, grounds and procedure ..........169, 262, 1782, 1920 HB 546-How granted ...................................................575, 634, 764, 838 HB 816-5 day waiting period ........1120, 1144, 1462, 1675, 1683, 1693 SB 56-Premarital examinations; approved tests and
laboratories ......................................................280, 324, 423, 890

2000

INDEX

HB 875-Premarital examinations; Act of 1949 amended ---------------------------------------------------------------- 1188, 1395, 1774, 1924
HB 509-Registration of marriages, divorces and annulments ----------------------------------------------------------535, 779, 1242, 1559
HB 11-Statutory Law -------------------------------------------------------------- 72, 1168
Marion County
SB 196-Commissioners ------------------------------------------------712, 731, 780, 889 SB 197-Commissioners ------------------------------------------------702, 731, 780, 889
Marketing Associations (See Cooperative Marketing Associations)
Martin
HB 858-Charter amended; franchises for natural gas system ------------------------------------------------------1150, 1230, 1269, 1532
Masks (See Anti-Mask Act)
Massage Establishments
HB 931-Rules for ----------------------------------------------------------------------------------12 51
Master and Servant
HB 623-Employees on military leave ----------------1047, 1159, 1307, 1707 HB 444-Employers to pay employees twice during calendar month 435
Materialmen's Liens (See Liens)
Medicine
HB 842-Examination for; applicants ----------------------------------------1147, 1395 HR 46-Legislative declaration, views on socialized medicine ____ 167, 229 HB 115-Physical Therapists. Practice Act __________________ 90, 177, 377, 572 HR 54-271c-State Medical Education Board ____ 214, 239, 368, 845, 983
Merit System
HB 205-Agriculture Department, employees ----------------------169, 237, 852 SB 235-Department of Mines, Mining and Geology,
Director --------------------------------------------------1152, 1167, 1200, 1804 SB 199-Employees under Comptroller General ________832, 834, 885, 990 SB 260-Employees not now included; procedure to bring
under system ________1254, 1273, 1295, 1829, 1878, 1896, 1918 SB 234-Entomology Department, Director ________ 1152, 1167, 1200, 1804 HB 22-State Employees ----------------------------------------------------------------191, 653 HB 462-State Department of Veterans Service ------------------------------------ 468 HB 206-State Officials ---------------------------------------------------------------- 169, 237 HB 204-State Treasurer, officials and employees -------------------- 169, 237
Meriwether County
HB 561-Warm Springs Memorial Area Planning Commission abolished ------------------------------------578, 635, 690, 980
Metter City Court
SB 195-Salary of judges and of solicitor__________828, 833, 885, 970, 1331

INDEX

2001

Military Affairs
SB 2-Civil Defense Act ............................................229, 243, 478, 616 HR 118-Georgia Navy .................................................................. 616, 714 HR 88-383d-Griffin Armory; convenant as to usP.........360, 478, 617, 882 HB 95-Military Forces Reorganization Act ................87, 141, 377, 572 SR 49-Selective Service Act; memorial to Congress 574, 604, 780, 965
Milk
HB 31-Milk and dairy products; butter-fat tests 74, 261, 378, 981, 994
Milk Control Board
HB 764-Amendments ............................................1093, 1161, 1243, 1533 HB 34-Amendments .............................................................................. 75 HB 32-Amendments ......................................................75, 199, 224, 438 HB 113-Amendments ............................................................................ 90 HB 114-Amendments ............................................................................ 90
Milledgeville
HB 434-Charter amended; corporate limits ............412, 550, 684, 1865
Milledgeville State Hospital
HB 981--Fire Sprinklers, provide ........................................................1382 HB 398-Insane convicts, committed for how long ....383, 447, 762, 1007 HR 194-8.0g-Internship for medical students; a
resolution ................................................1101, 1356, 1721, 1865 HR 254-Television sets for patients; provide ............................1276, 1930 HB 514-Transfer of veterans committed to Milledgeville State
Hospital to Federal Agencies; Code 49-605 amended .................................................................. 536, 1159, 1546, 1863 HB 92-Voluntary Patients ......................87, 141, 250, 269, 1545, 1791
Millen
HB 428-Amendments ............................................................411, 550, 598 HB 701~Compensation of judge and solicitor .... 1058, 1107, 1129, 1290
Miller County
HB 620-Commissioner's compensation ..................968, 1126, 1163, 1289
Mines, Mining and Geology, Department of
SB 235-Included in merit system ........................1152, 1167, 1200, 1804
Minimum Foundation Program (See Education)
HB 836-Amendments ............................................................................1147 HB 936-Amendments ............................................................................1284 HB 723-Act of 1949 amended; pupil transportation
expenses ..................................................1071, 1161, 1518, 1863 HB 946-In Certain Counties ....................1286, 1330, 1547, 1579, 1740 HB 655-Amendments ..................................................................1051, 1256
Mining and Quarrying
SB 261-Right-of-way ................................1128, 1134, 1236, 1371, 1534

2002

INDEX

Mining Companies
SB 261-Easements; Code 83-201 amended ------------------------------------------1534 HB 621-Business of Mining and Quarrying ----------------1046, 1140, 1159
Ministers
SB 144-Privileged communications -------------------------713, 730, 884, 1003
Minks
HB 779-Killing of minks and otters, possession of pelts ---------------------------------------------------------------- 1095, 1126, 1240, 1559
Mistletoe State Park
HR 249-928a-A resolution ------------------------------------1250, 1330, 1485, 1813
Mitchell County
HR 18-89a-Lawbooks to ------------------------------------------------------116, 144, 357
Mitchell Superior Court
HB 87-Terms ----------------------------------------------------------------82, 107, 117, 229
Montgomery County
HB 531-Sheriff's compensation ------------------------------------539, 587, 638, 881 HB 532-Tax commissioner's salary ----------------------------539, 588, 638, 881
Mortgages
HB 888-Permission to debtor to exercise dominion over property conveyed, effect of ------------------------1212, 1354, 1521, 1924
Morgan County
HB 741-Commissioner's compensation; clerk ---1074, 1108, 1131, 1253
Motor Fuel Tax
HB 402-Amendments ---------------------------------------------------------------------383, 521 SB 252-Refunds; Code 92-1403 amended (aircraft motor
fuel) ----------------------------------1326, 1333, 1564, 1828, 1832, 1869 HB 547-Amendments ------------------------------------------------------------------------------576
Motor Vehicles
SB 78-Advertising in ------------------------------------------------466, 484, 884, 991 HB 177-Advertising in -------------------------------------------------------------------146, 178 HB 178-Certificate of title ------------------------------------------------------------146, 549 HB 171-Certificate of title -------------------------------------------------------------------- 145 HB 1003-Driver training courses in public schools ________ 1489, 1563, 1734 HB 145-Driver training course ------------------------------------------------------------ 131 HB 132-Driver training courses --------------------------------------------------102, 1142 HB 1023-Driver leaving scene of accident --------------------------------1525, 1773 SB 61-Driving w/l, penalty ----------------------------------------------713, 730, 1331 HB 481-Delivery truck gauges ------------------------------------------------------------ 509 HB 189-Hot rods --------------------------------------------------------148, 178, 456, 498 HB 843-Logs, chains ------------------------------------------------------------------1148, 1235 HB 39-License Plates ----------------------------------------------------76, 140, 165, 183

INDEX

2003

HB 314-Liability insurance, require ---------------------------------------------------- 311 HB 41-Motor fuel taxes; Code 92-1403 amended
-------------------------------------------------------- 76, 237, 269, 332, 541, 694 HB 185-Motor Vehicle Safety Responsibility Act
---------------------------------------------------------------- 147, 218, 432, 767, 977 HB 786-Mud guards, certain vehicles ------------------------------------------------1097 HB 281"----Passenger and freight registration ---------------------------------------- 232 SB 286-Provide tail gates when hauling masonry__________ 1326, 1334, 1564 HB 133-Regulations ------------------------------------------------------------------------------ 103 HB 606-Reckless driving -------------------------------------------------------------774, 1159 HB 759-Reckless driving -----------------------------------------------------------1093, 1328 HB 254-Registration of __________________:_________________________________ 211, 1158, 1303 HB 347-Size and weight, State Highway Board to regulate ________ 336, 390 HB 506-Size and weight of load, control ----------------------------------------535, 681 HB 604-Seats available, control -------------------------------------------------------------------HB 400-Size limits ------------------------------------------------------383, 447, 761, 977 SB 224-Speed Limits ------------------------------------------------------1128, 1135, 1331 HB 867-Speed limits ------------------------------------------------------------------------------1187 HB 891-Sale of ----------------------------------------------------1212, 1262, 1731, 1762 HB 257-Special permits for excessive loads ----------------211", 264, 300, 465 HB 220-Speed traps; Governor to prohibit ------------------------------------191, 262 HB 153-School bus drivers ------------------------------------------------------------132, 262 HB 313-Taxation on ------------------------------------------------------------------------------ 311 HB 421-Taxation; certificate of Public Convemence and
Necessity ---------------------------------------------------------------------------------- 41 0 HB 482-Taxation on ------------------------------------------------------------509, 680, 1098 HB. 183-Tonnage in trucks, regulate ---------------------------------------------------- 147 HB 327-Track cars ------------------------------------------------------------313, 1232, 1521 HB 361-Taxi-cabs ------------------------------------------------------338, 446, 708, 1007 HB 317-Trucks hauling logs ------------------------------------------------------- 311, 445 HB 311-Two-way radios, carriers transporting persons -------------------- 310 HB 757-Trucks, tractors, trailers-size and weight ____ 1092, 1161, 1540 HB 446-Traffic violations, trials in counties of 15,120
to 1"5,600 ----------------------------------------------------------436, 476, 516, 714 HB 147-Vehicles, dimensions ------------------------------------------------------ 132, 680
Motion Pictures
HB 419-Registration -------------------------------------------------------------------- 410, 653
Moultrie
HB 999-Charter amended; registration of voters 1454, 1497, 1538, 1812 HB 343-Charter amendments; civil service system
---------------------------------------------------------------- 315, 390, 424, 715, 742
Mountain Park
HB 533-Charter amendments --------------------------------------539, 634, 687, 979 HB 994-Charter amended; mayor's court ____________ 1384, 1561, 1712, 1926
Municipal Corporations (See Named Cities)
Municipal Corporations. Named Cities
HB 602-Adel; zoning -----------------------------------------------675, 722, 784, 1006 HB 897-Alamo; charter amended -----------------------1213, 1329, 1357, 1702

2004

INDEX

HB 161-Albany; city employees, election and removal 134, 178, 201, 355 HB 487-Albany; corporate limits --------------------------------510, 553, 595, 880 HB 162-Albany; gas service beyond limits ________________ 134, 178, 201, 356 HB 430-Albany; sewer assessments ----------------------------411, 476, 515, 673 HB 642-Americus; charter amended -------------------1049, 1227, 1264, 1530 HB 66-Americus; charter amendment ------------------79, 140, 155, 326 HB 55-Americus; merit system ------------------------------------78, 96, 108, 245 HB 68-Americus; retirement system ----------------------------79, 97, 109, 246 HB 804-Atlanta; charter amended ----------------------1099, 1261, 1297, 1532 SB 324-Atlanta; charter amended --------------------------1392, 1404,1497,1538 HB 962-Atlanta; charter amended; use of seaL..1319, 1397, 1469, 1838 SB 362-Atlanta; charter amended
-------------------- 1461, 1504, 1537, 1577, 1661, 1720, 1875, 1918 HB 798-Atlanta; charter amended --------1098, 1261, 1297, 1753, 1778 SB 363-Atlanta; charter amended ______________________ 1496, 1504, 1764, 1876 SB 269-Atlanta; charter amended 1195, 1204, 1264, 1299, 1753, 1799 SB 245-Atlanta; Atlanta-Fulton County Planning Board
abolished --------------------------------------------------1110, 1115, 1476, 1757 SB 96-Atlanta; Atlanta-Fulton County joint performance
committee (plan of improvement) _______________ _460, 485, 590, 807
SB 125-Atlanta; charter <.mendments ___________ _463, 489, 592, 810, 1001 HB 491-Atlanta; charter amendments ____________511, 633, 685, 992, 1009 SB 101-Atlanta; charter amendments ___________ _460, 486, 590, 811, 1001 SB 128-Atlanta; civil service system, amendments ___ _463, 490, 593, 805 SB 130-Atlanta; civil service system, amendments
-------------------------------------------------------------- 463, 490, 593, 812, 1001 SB 92-Atlanta; construction of streets in subdivisions
------------------------------------------------------------------------ 460, 485, 590, 807 HB 476-Atlanta; corporate limits extended ------------------------633, 685, 978 SB 89-Atlanta; corporate limits extended______458, 484, 693, 818, 1000 SB 91-Atlanta; department of sanitary engineering
-------------------------------------------------------------- 460, 485, 590, 809, 1000 SB 126-Atlanta; elections --------------------------------------------463, 489, 592, 803 SB 166-Atlanta; fire department; civil service ________ 626, 652, 683, 804 SB 133-Atlanta; franchise tax on common carriers
-------------------------------------------------------------- 464, 490, 593, 817, 1002 SB 135-Atlanta; Fulton County-Atlanta plan of improve-
ment, transfer of employees ________________464, 491, 693, 827, 1002
SB 98-Atlanta; Fulton County planning board and board of zoning appeals _______________________________ _467, 486, 709, 822, 1000
SB 102-Atlanta; Fulton County-Atlanta, survey of personnel practices and merit systems _______________ _461, 486, 590, 808
SB 203-Atlanta; health services --------------------772, 833, 885, 971, 1002 HB 395-Atlanta; land lease to Tennis Development
Fund ----------------------------------------------------------------362, 421, 449, 625 SB 90-Atlanta; method for annexation of territory 459, 485, 589, 804 SB 127-Atlanta; park committee --------------------------------463, 490, 593, 804 SB 111-Atlanta; parks system _______________________ _461, 487, 591, 800, 1001 SB 97-Atlanta; paving of non-arterial streets _______ _460, 486, 590, 808 SB 169-Atlanta; planning engineer's salary; salary of muni-
cipal revenue collector and marshal ____________ 626, 652, 683, 805 SB 184-Atlanta; police and fire departments ____________ 712, 731, 780, 888
SB 129-Atlanta; sale of park lands authorized_________ _463, 490, 593, 805
HB 492-Atlanta; street tax; school employees transferred
from county to city service --------------------------511, 553, 595, 829

INDEX

2005

SB 132-Atlanta; tax assessors and receivers 464, 490, 593, S17, 1002 SB 114-Atlanta; tax assessors and receivers ___________ _462, 4SS, 591, S02

SB 100-Atlanta; tax collection -----------------------------------_460, 4S6, 590, SOS HR 276-990a-Augusta; Augusta-Richmond County Building
Authority; proposed amendment to the Constitution;

a resolution ----------------------------------------------13S4, 1465, 1631, 1S6S HB 990-Augusta; Augusta-Richmond County Building
Authority ______________________________________ 13S4, 1463, 1500, 1753, 1S24

HB 9S9-Augusta; charter amended ____________________ 13S4, 1463, 1500, 174S HB 9SS-Augusta; charter amended ____________________ 13S3, 1463, 1500, 174S HB 1031-Augusta; charter amended ___________,________ 1527, 1563, 1716, 192S

HB 1032-Augusta; charter amended --------------------1527, 1563, 1716, 1929
HB 601-Augusta; commissioner of public safety ____ 675, 722, 7S3, 1006 SB 210-Augusta; corporate limits ____________________________S31, S34, SS6, 970

SB 20S-Augusta; corporate limits extended ________________ S31, S34, SS6, 969

SB 211-Augusta; corporate limits extended ____S32, S34, SS6, 970, 1003

SB 212-Augusta; elections ------------------------------------------S32, S34, SS6, 969 SB 209-Augusta; fire and police department employees

------------------------------------------------------------------------ S31, S34, SS6, 970 HB 690-Austell; charter amended ----------------------1056, 1197, 1236, 1390

HB 6S6-Bartow; charter amended ----------------------1056, 122S, 1265, 1530 HB 4S9-Blackshear; charter amendments __________________ 510, 553, 63S, 97S

HB 4S5-Blairsville; charter ----------------------------510, 553, 596, 1251, 1301
HB 436-Bowdon; corporate limits -----------------------------_412, 550, 599, S79 HB 427-Bowdon; mayor and council, election, terms 411, 476, 516, 673 HB 406-Brunswick; charter amendments ___________ 3S4, 475, 555, S30, S3S

HB 390-Buchanan; charter amendments -------------------361, 421, 449, 629

HB HB

560-Cairo; 76-Calhou

tax ret n; civil

usrenrsvic--e---s--y--s--t-e-m-----_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__-_-_-_-_-_-_-_5_7_sSo, ,

635, 97,

6S9, 111,

9SO S2S

HB SS-Camilla; street closing and conveyance

confirmed ------------------------------------------------------------S2, 97, 111, 246 HB 365-Carrollton; ad valorem tax rate ____________________ 340, 390, 425, 571

HB 363-Carrollton; airport ------------------------------------------340, 550, 597, S79 HB 474-Carrollton; board of tax equalizers _______________ _470, 552, 601, SSO

HB 362-Carrollton; school tax ------------------------------------340, 390, 425, 570
HB S23-Carrollton; charter amended ----------------------------1121, 1425, 153S HB 7-Cedartown; municipal ad valorem tax rate;

Code 92-4101 amended --------------------------------------7, 549, 597, 976
HB 304-Cedartown; tax assessments --------------------------253, 31S, 350, 466 HB 1022-Chamblee; charter amended __________________ 1525, 1563, 1715, 192S

HB 1001-Chamblee; charter amended __________________ 1455, 1497, 153S, 1S12

HB 5S4-Cochran; street closing athorized ________________ 622, 6S2, 727, 1005 HB 975-Cochran; charter amended ____________________ 1347, 1397, 1470, 1747

HB 447-College Park; charter amendments _______________ _436, 633, 6S4, 97S HB 44S-College Park; pension system _______________________ _430, 633, 6S4, 97S

HB 91S-College Park; charter amended ____________ 1247, 1396, 1467, 1746

HB 924-College Park; charter amended ____________ 124S, 1396, 146S, 1747 HB 922-College Park; charter amended ____________ 124S, 1396, 146S, 1747 HB 920-College Park; charter amended ____________ 124S, 1396, 1467, 1746

HB 921-College Park; charter amended ____________ 124S, 1396, 146S, 1747

HB 923-College Park; charter amended ____________ 124S, 1396, 146S, 1747

HB 917-College Park; charter amended ____________ 1247, 1396, 1467, 1746 HB 500-Columbus; corporate limits extended ____________512, 554, 597, SS1
HB 71-Columbus; director of public safety __________________ so, 97, 110, 246 HB 70-Columbus; land conveyance authorized ____________so, 97, 110, 246

2006

INDEX

HB 74-Columbus; land conveyance authorized ____________80, 97, 110, 246
HB 501-Columbus; pension system --------------------------512, 681, 726, 1004 HB 753-Columbus; appeals from recorder's court
---------------------------------------------------------------- 1075, 1161, 1201, 1390 HB 956-Columbus; charter amended __________________ 1319, 1355, 1401, 1703
HB 793-Coolidge; charter amended --------------------1097, 1228, 1266, 1531 HB 1025-Crawford; charter amended ------------------1526, 1563, 1715, 1928 SB 364-Crawfordville; charter amended ____________ 1496, 1504, 1565, 1717
HB 407-Dallas; zoning ------------------------------------------------384, 550, 598, 879 HB 157-Dalton; compensation of mayor and alderman
-------------:------------------------------------ 133, 178, 201, 355 HB 810-Danielsville; charter amended ______________ 1100, 1328, 1357, 1702
SB 148-Dawsonville; new charter -----------------------------.467, 492, 555, 601 HB 468-Decatur; pension system -------------------------------.469, 552, 598, 880 HB 376-Douglasville; charter amendments ________________ 342, 421, 450, 624
HB 583-Dublin; corporate limits ------------------------------622, 682, 727. 1005 HB 520-Dublin; public utility franchises __________________ 537, 634, 686, 979
HB 730-Dublin; charter amended ------------------------1072, 1108, 1130, 1531 HB 881-Dublin; charter amended ------------------------1189, 1231, 1270, 1533 HB 882-Dublin; charter amended ------------------------1189, 1231, 1270, 1533 HB 879-Dublin; charter amended ---------------------1189, 1230, 1270, 1532 HB 945-East Dublin; charter ------------------1285, 1330, 1359, 1703 HB 519-East Dublin; charter --------------------537, 633, 686, 979 SB 381-East Point; charter amended -------------1704, 1718, 1754, 1795 SB 387-East Point; charter amended --------------1705, 1719, 1755, 1795 SB 380-East Point; charter amended -------------1704, 1718, 1754, 1796 SB 379-East Point; charter amended ................1704, 1718, 1754, 1796 SB 382-East Point; charter amended ....1704, 1718, 1762, 1874, 1918 HB 603-East Point; charter amendments --------------675, 722, 784, 1008 HB 495-East Point; charter amendments -------------511, 633, 685, 978 HB 493-East Point; corporate limits extended ...........511, 633, 685, 978 HB 494-East Point; corporate limits extended ..........511, 633, 685, 978 HB 496-East Point; public works department ............ 511, 633, 686, 97~ HB 1010-Eatonton; charter amended ....................1524, 1562, 1713, 1926 HB 844-Fitzgerald; charter amended ..................1148, 1198, 1237, 1391
HB 60-Folkston; city clerk ---------------------------------------78, 96, 108, 245 HB 64-Folkston; corporate limits extended ________________ 79, 96, 109, 246
HB 486-Folkston; zoning ------------------------510, 553, 595, 880 HB 405-Forest Park; corporate limits ------------------384, 475, 515, 673 HB 847-Forest Park; charter amended......1148, 1229, 1267, 1535, 1583 SB 316-Fort Oglethorpe; charter amended ........1392, 1404, 1466, 1501 HB 458-Fort Oglethorpe; charter amendments..........437, 551, 600, 880 HB 683-Franklin; charter amended -------------------1055, 1160, 1201, 1390 HB 368-Gainesville; ad valorem tax -----------------------341, 390, 425, 571 HB 592-Gainesville; civil service system -------------624, 682, 728, 1006 HB 473-Gainesville; sale or lease of real property....470, 552, 598, 880 HB 739-Garden City; charter amended ______________ 1074, 1197, 1237, 1746
HB 367-Garden City; zoning -----------------------341, 421, 452, 879 HB 904-Gibson; charter amended ---------------------1214, 1329, 1358, 1702 HB 582-Girard; new charter -------------------------622, 682, 727, 1005 HB 593-Glenville; charter amendments ------------624, 682, 729, 982, 993 HB 899-Glenwood; charter amended ----------------1214, 1329, 1358, 1702 SB 151-Grayson; public utilities -------------------------.467, 492, 555, 602 HR 259-943a-Griffin-Spalding County; school system; pro-
posed amendment to the Constitution; a resolu-

INDEX

2007

tion ---------------------------------------------------------1285, 1398, 1648, 1868 HB 195-Griffin; retirement system ----------------------------149, 179, 203, 355 HB 200-Hahira; name, election hours -----------------------150, 179, 204, 354 HB 579-Harlem; name ----------------------------------------------622, 681, 726, 1005 SB 191-Hephzibah; waterworks, sewerage ---------------671, 691, 723, 799 HB 855-Hinesville; charter ----------------------1149, 1198, 1237, 1389, 1413 HB 59-Homestead; corporate limits ------------------------------78, 96, 108, 439 HB 89-Ila; new charter --------------------------------------------------82, 98, 111, 247 SB 302-Iron City; charter amended ____________________ 1256, 1275, 1331, 1403
SB 368--Jackson; charter --------------------------1533, 1579, 1755, 1797, 1869 HB 955--Jesup; charter amended -------------------------1318, 1355, 1401, 1703 HB 846-Jonesboro; charter amended ------------------1148, 1229, 1267, 1532 HB 927-Lake Park; charter amended ________________ 1249, 1329, 1358, 1702
SB 140-LaGrange; franchises -------------------------- _________ _467, 491, 554, 602 SB 141-LaGrange; recorder's court _________________________ _467, 491, 555, 601
HB 291-Lake City; charter -----------------------------------------233, 318, 349, 465 HB 794-Lavonia; charter amended ---------------------1098, 1228, 1266, 1531 HB 124-Lavonia; charter amendments --------------------------91, 142, 156, 327 HB 688-Louisville; charter amended ----------------.--1056, 1228, 1265, 1530 HB 296-Louisville; charter amendment ______________________ 234, 318, 350, 521
HB 159-Lumber City; name ----------------------------------------134, 178, 201, 355 HB 737-Lyons; charter amended ------------------------1073, 1108, 1131, 1292 HB 452-Macon; charter amended _________________ _437, 551, 599, 1196, 1309
HB 790-Macon; charter amended ------------------------1097, 1228, 1266, 1531 HB 800-Macon; charter amended -----------------------1098, 1228, 1266, 1531 HR 217-8301-Macon; hospital facilities; proposed amend-
ment to the Constitution; a resolution 1123, 1163, 1607, 1867 HB 119-Macon; corporate limits ------------------------------------91, 119, 155, 326 HB 369-Macon; mayor's term --------------------------------------341, 421, 450, 624 HB 122-Macon; mayor's veto power ------------------------------91, 142, 156, 327 HB 120-Macon; method of extending city limits __________ 91, 141, 155, 326 HB 118-Macon; pension and retirement system____90, 141, 155, 460, 498 HB 75-Macon; pension and retirement system ____________80, 97, 111, 439 HB 305-Macon; police and fire departments ______________ 253, 445, 482, 672
HB 121-Macon; police department --------------------------------91, 142, 156, 326 HB 825-Manchester; charter amended ________________ 1121, 1561, 1708, 1926
SB 281-Marietta; charter amended --------------------1195, 1205, 1398, 1470 SB 337-Marietta; charter amended --------------------1393, 1405, 1466, 1501 SB 355-Marietta; charter amended --------------------1496, 1504, 1565, 1716 HB 128-Marietta; charter amendments ______________ 92, 142, 156, 327, 559
SB 175-Marietta; Cobb County-Marietta Water
Authority --------------------------------------------------------573, 604, 780, 888 HB 858-Martin; charter amended ----------------------1150, 1230, 1269, 1532 HB 434-Milledgeville; charter amendment _______________ _412, 550, 684, 1865 HB 999-Moultrie; charter amended ____________________ 1454, 1497, 1538, 1812 HB 343-Moultrie; charter amendments ______________ 315, P-90, 424, 715, 742 HB 533-Mountain Park; charter amendments ____________ 539, 634, 687, 979 HB 994-Mountain Park; charter amended __________ 1384, 1561, 1712, 1926 HB 454-Nahunta; charter amendments ___________________ _437, 551, 599, 880
HB 984-Newnan; charter amended ----------------------1383, 1463, 1499, 1748 HB 704-Pavo; charter amended --------------------------1058, 1328, 1357, 1701 HB 13-Pelham; ad valorem tax ------------------------------------72, 95, 108, 245 HB 488-Pembroke; new charter ----------------------------------510, 553, 595, 881 SB 351-Perry; charter amendment -------------------1393, 1405, 1466, 1501

2008

INDEX

SB 143-Porter Mills; charter repealed ---------------------.467, 491, 555, 601 HB 829-Quitman; charter amended --------------------1122, 1162, 1203, 1391 HB 371-Quitman taxation --------------------------------------------341, 632, 684, 977 SB 64-Reidsville; new charter ---------------------------------.467, 484, 554, 602 HB 345-Remerton; charter ------------------------------------------316, 390, 425, 570 HB 729-Rentz; charter amended ------------------------1072, 1108, 1130, 1531 HB 445-Ringgold; name ---------------------------------------------.436, 551, 599, 879 HB 199-Riverdale; new charter ----------------------------------150, 179, 204, 355 HB 528-Rockmart; corporate limits extended ____________538, 634, 687, 979
HB 307-Rome; corporate limits extended ------------------253, 318, 350, 879 HB 308-Rome; registration of voters --------------------------254, 319, 350, 879 SB 350-Rossville; charter amended __________________ 1353, 1362, 1466, 1501
HB 569-Rossville; charter amendments ------------------579, 636, 725, 1004 HB 568-Rossville; street closing authorized ____ .......579, 636, 726, 1004
HB 745-St. Marys; charter amended ------------------1074, 1228, 1265, 1531 HB 802-Savannah; charter amended __________________ 1099, 1328, 1360, 1701
SB 274-Savannah; charter amended ----------------1195, 1204, 1564, 1874 HB 738-Savannah Airport Commission;
amendments --------------------------------------------1073, 1336, 1472, 1746 HB 366-Savannah; additional indebtedness................340, 421, 594, 879 SR 22-Savannah; additional indebtedness for hos-
pital; proposed amendment to the
Constitution ----------------------------------------------------196, 206, 589, 648 SR 10-Savannah; additional indebtedness for ~ew-
erage; proposed amendment to the
Constitution ----------------------------------------------------157, 182, 320, 907 SR 12-Savannah; additional indebtedness for
streets and sidewalks; proposed amendment
to the Constitution ------------------------------------------158, 183, 320, 913 SB 20-Savannah; charter amendments....196, 204, 205, 589, 650, 715
SB 24-Savannah; corporate limits ----------------------------196, 206, 319, 351 SB 22-Savannah; garbage and sewerage charges....196, 206, 589, 648 SB 19-Savannah; municipal services and taxation....196, 205, 319, 352 SB 21-Savannah; referendum to direct charter
amendment (mayor and aldermen or city
manager) --------------------------------------196, 204, 205, 589, 649, 715 HB 190-Savannah-Chatham board of education;
election of president ----------------------------------------149, 179, 202, 356 SB 257-Snellville; charter amended --------------------1195, 1204, 1465, 1502 HB 938-Springfield; charter amended -------------- .. 1284, 1330, 1359, 1702 HB 408-Statesboro; school tax ----------------------------------384, 475, 515, 673 SB 264-Summerville; election hours ---------------- .1195, 1204, 1231, 1272 HB 850-Sylvester; charter amended --------------------1148, 1229, 1267, 1532 HB 338-Sylvester; charter amended ------------------ ......... 315, 390, 424, 570 HB 699-Talbotton; name ----------------------------------- .1057, 1160, 1201, 1390 HB 471-Tallapoosa; compensation of mayor and coun-
cilmen and of City clerk ------------------------------.470, 552, 597, 880 HB 384-Tallapoosa; school system ------------------------------360, 475, 514, 672 HB 364-Temple; street and sidewalk improvements....340, 421, 448, 624 HR 161-708e-Thomson; land conveyance to;
a resolution -------------------------------------------1059, 1162, 1309, 1746 HB 559-Thomson; charter amendment ----------------------577, 635, 689, 980 HB 61-Thomasville; corporate limits extended..............78, 96, 109, 245 HB 53-Thomasville; contractors with city --------------------79, 96, 109, 245

INDEX

2009

HB 344-Thomasville; mayor, designation by
commissioners --------------------------------------------------315, 390, 424, 570 HB 62-Thomasville; municipal bonds ----------------------------79, 96, 109, 245 SB 23-Thunderbolt; corporate limits ------------------------196, 206, 319, 351 HB 926-Thunderbolt; charter amended ______________ 1249, 1498, 1578, 1926
HB 232-Tifton; city manager's salary ------------------------192, 238, 266, 464 HR 284-1007a-Tifton; land conveyance to;
a resolution ----------------------------------------------1490, 1537, 1735, 1864 HB 860-Toccoa; charter amended ------------------------1150, 1230, 1269, 1532 HB 333-Toccoa; election hours ------------------------------------314, 389, 423, 570 HB 540-Toccoa; water facilities ----------------------------------540, 634, 687, 979 SB 192-Trion; charter amendments ----------------------------671, 731, 780, 888 HB 192-Valdosta; street and sidewalk improvements____ 149, 179, 202, 355
HB 403-Valdosta; utility services tax ------------------------384, 550, 597, 879 HB 214-Vidalia; passage of ordinances________________________ 170, 238, 266, 541
HB 211-Vidalia; police court, jurisdiction ----------------170, 238, 266, 541 HB 1011-Villa Rica; charter amended __________________ 1524, 1562, 1713, 1927 HB 84-Villa Rica; corporate limits extended________________82, 97, 111, 229
HB 1014-Valdosta; charter amended --------------------1524, 1562, 1713, 1927 HB 684-Wadley; charter amended ----------------------1056, 1227, 1264, 1530 HB 292-West Point; charter amendments________233, 318, 350, 465, 502
HB 287-West Point; corporate limits ----------------------------------233, 318, 465 HB 435-Whitesburg; ad valorem tax -------------------------.412, 476, 516, 673 HB 961-Winder; gas distribution system____________ 1319, 1355, 1402, 1703
HB 689-Wrens; charter amended ------------------------1056, 1228, 1265, 1530 HB 472-Wrens; charter amendments -------------------------.470, 552, 598, 880 Municipal Corporations-By Population SB 353-Audits in cities of more than
300,000 ----------------------------------------1394, 1405, 1785, 1794, 1869 SB 168-Civil service, fire department employees, in
cities of over 200,000 ------------------------------------626, 652, 683, 805 HB 803-Condemnation proceedings in municipalities
or counties of more than 250,000; Code Title 36 amended ------------------------------------1099, 1127, 1165, 1291 SB 124-Elections; regulations for candidates in cities of 200,000 or more -----------------------------.463, 489, 592, 803, 1814 SB 134-Elections of officers after extension of territory in cities of 300,000 or more___________________.464, 490, 593, 806
SB 329-Fire department pensions in cities of more
than 150,000 ------------------------------------------1395, 1405, 1498, 1539
SB 326-Pension system in cities of 150,000 or
more --------------------------------------------------------1393, 1405, 1565, 1716
SB 93-Pension system, police department, in cities
of 150,000 -------------------------------------------.460, 485, 590, 809, 1000
SB 99-Pensions, employees transferred from counties to cities of over 150,000_______________________.460, 486, 590, 808
SB 94-Pensions, fire department employees in
cities of 150,000 or more ------------------ !60, 485, 590, 810, 1000
SB 327-Police department pensions in cities of 150,000 or more --------------------------------------1496, 1504, 1536, 1572
SB 103-Primary elections in cities of 200,000 or
more ---------------------------------------------------------------.461, 486, 591, 808 HB 375-Schools; city operation in county territory
to be annexed to cities of over 300,000________ 342, 366, 399, 571

2010

INDEX

SB 163-Voting by mail in counties and cities of 300,000 or more ----------------------------------------------573, 603, 637, 807
Municipal Corporations-See Named Cities
HB 218-Cash appearance bonds ------------------------------190, 420, 1550, 1920 HB 7-Municipal ad valorem tax rate; Code 92-4101
amended ------------------------------------------------------------71, 549, 597, 976 HB 53-Municipal Home Rule Act --------------------------------78, 153, 185, 419 HB 892-Street improvements; Code 69-407, 69-410
amended --------------------------------------------------1213, 1462, 1521, 1925
Municipal Court of Augusta
HB 538-Amendments ------------------------------------------540, 588, 640, 982, 987
Municipal Court of Columbus
HB 243-Vacancy in judgeship --------------------------------------194, 365, 394, 569
Municipal Home Rule Act
HB 636-Amendments -------------------------------------------1048, 1260, 1379, 1561
Murder
HB 18-Life imprisonment --------------------------------------------73, 199, 221, 257
Murray County
HB 845-Commissioner's salary ----------------------------1148, 1229, 1226, 1462
Muscogee County
HB 499-Building regulations --------------------------------------512, 553, 596, 829 HB 242-Commissioner; election to fill vacancy .........194, 365, 391, 569 HB 751-0rdinary's salary ---------------------------------- .1075, 1109, 1133, 1291 HB 748-Sheriff's salary --------------------------------------1075, 1109, 1132, 1292 HB 749-Tax commissioner's salary --------------------1075, 1109, 1133, 1292 HB 73-Pensions ------------------------------------------------------------80, 106, 116, 246 HB 72-Tax commissioner's compensation --------------------80, 106, 116, 246 HB 502-Zoning and planning --------------------------------------512, 554, 596, 881
Muscogee Superior Court
HB 747-Clerk's compensation -----------------------------1075, 1109, 1132, 1290 HB 754-Judge's salary; terms ----------------------------1076, 1109, 1134, 1327 HR 180-755g-Judges pro hac vice; proposed amendment
to the Constitution; a resolution............1077, 1162, 1598, 1866
Myrich, Anne
HR 287-1007d-Compensation for injuries; a resolution.... -----------------------------------------1490, 1536, 1781, 1930

N

Nahunta
HB 454-Mayor and aldermen, candidacy; qualification of voters -------------------------------------------------.437, 551, 599, 880

INDEX

2011

Narcotics

HB 760-Amendments ----------------------------------------------------------------------------1093 HB 950-Condemnation of vehicles (land, water, air)
transporting --------------------------------------------1318, 1355, 1482, 1925 HB 659-Drug Act of 1935 amended..........l052, 1107, 1138, 1814, 1844
SB 247-Minors; felony --------------------------------------------------------------1152, 1167 SB 277-St. Bd. of Pharmacy to controL........................1326, 1333, 1546

National Guard

HB 95-Military Forces Reorganization Act ----------------87, 141, 377, 572 Natural Resources Department of (See Parks)

HB 672-Division of State parks, historical sites and monuments; subleases ----------------------------1054, 1197, 1478, 1751
HB 872-Forestry investigators, power of arrest; act of 1937 amended ------------------------------1188, 1329, 1722, 1924
Naval Militia

HB 95-Military Forces Reorganization Act................87, 141, 377, 572

Naval Supply School (See University of Georgia)

Navy

HR 118-Georgia Navy; a resolution ---------------------------------------------616, 714 New Echota State Memorial Park

HR 260-943b-A resolution ------------------------------------1285, 1331, 1544, 1791 Newnan

HB 984-Charter amended; Black Street ----------------1383, 1463, 1499, 1748 Newspapers

SB 149-Domicile of Publishers --------------------------------------------771, 832, 149 SB !50-Monopolies ----------------------------------------------------------------828, 832, 884 HR 146-619a-Payment to newspapers for State
advertising; a resolution --------------------------968, 1232, 1479, 1706
Notaries

HB 886-Seal; Code 71-107 amended --------------------1212, 1294, 1512, 1924 Notaries Public

HB 613-Attestation of deeds ------------------------------------------------------871, 1328 HB 16-Attestation of registrable instruments;
Code 29-406 amended ----------------------------------------72, 96, 129, 325 HB 641~Qualifications ----------------------------------------------------------------1049, 1196
Notes

HB Nurses

4-Taxation --------------70, 100, 328, 1389, 1415, 1492, 1732, 1899

HB 173-Amendments ----------------------------------------------------------------------146, 420 HB 609-Practical, licensing ----------------------------------------------------------775, 1232

2012

INDEX

0

Ocean Steamship Company of Savannah
SB 14-Incorporate ------------------------------------------------------195, 205, 265, 37 4
Oconee County
HB 80S-Commissioners' compensation ________________ 1099, 1127, 1164, 1292 HB 806-0rdinary's compensation as treasurer____ 1099, 1127, 1164, 1291 HB 807-Sheriff's compensation --------------------------1099, 1127, 1164, 1291 HB 809-Tax commissioner's salary ----------------------1100, 1127, 1165, 1291
Oconee Superior Court
HB 805-Clerk's compensation ------------------------------1099, 1127, 1164, 1292
Occupation Taxes (See Taxation)
Office Building Authority (See State Office Building Authority)
Official Bonds (See Bonds)
HB 1033-0geechee Judicial Circuit Court Reporters, compensation ------------------------------------1527, 1707, 1756
Old Age Assistance (See Aged Persons)
SB 319-Amendment --------------------------------------------------------------------1351, 1360 SB 303-Amendment -------------------------------------------------------------------1327, 1334 HB 756-Amendments ------------------------------------------------------------------1092, 1197 HB 643-Amendments ------------------------------------------------------------------1049, 1328 SB 190-Act of 1937 amended --------------------------------------716, 833, 885, 991 HB 837-Amendments ---------------------------------------- -----------------------------------1147 SB 194-Recovery of assistance payments __________________ 712, 731, 885, 990 HB 670-Needy Parents ----------------------------------------------------1053, 1079, 1116 SB 54-0ld age and survivors ----------------------------------------------541, 557, 723
Ordinaries (See names of counties)
HB 81-Salary in counties of 300,000 --------------------------81, 107, 118, 246 HB 224-Vacancies and disqualification, how office filled;
Code 24-1707, 24-1710 amended____________________ 191, 263, 457, 672 HB 516-When business may be transacted with;
Code 24-2104 amended ------------------------------536, 587, 1546, 1863 HB 713-Courts of Ordinary-Jurisdiction --------------------------------1070, 1197 HB 875-0steopaths ----------------------------------------------1188, 1395, 1774, 1924
"Our Georgia"
SR 34-Designated as State waltz; a resolution_______ _438, 453, 724, 889
Otters
HB 779-Killing of minks and otters, possession of pelts -------------------------------------------------- _1095, 1126, 1240, 1559
Oysters
SB 399-Taking by dredge in counties of 6,000 to 6,010; Code 45-811 amended ---------------1793, 1799, 1816, 1874

INDEX
p

2013

Pardon and Parole Board
HB 47-Compensation of members ............77, fr9, 152, 185, 1084, 1226
Parking Meter Posts
SB 304-Commercial advertising ..............1496, 1503, 1564, 1805, 1905
Parks (See State Parks Authority)
SB 171-Acworth Lake Authority --------------------------------573, 604, 637, 684 HB 657-Black Rock Mountain State Park;
appropriations ----------------------------------------1051, 1233, 1434, 1751 HR 83-361h-Black Rock Mountain State Park; acquisi-
tion of lands; a resolution --------------------c------340, 422, 858, 1006 SR 91-Bobby Brown Memorial Park; a
resolution ------------------------------------------------1294, 1300, 1357, 1773 HR 116-Clark Hill Dam area; a resolution............................................616 HR 250-928b-Confederate Memorial Park at Stone
Mountain; a resolution................1250, 1331, 1689, 1815, 1828 SB 139-Director of Division of State Parks, !:Iis-
torical sites and Monuments of the Department of Natural Resources authorized to sublease to counties, citfes and other subdivisions ---------------------------------------------------------.466, 491, 554, 902 HB 954-Fort Mountain State Park ------------------------------------------1318, 1424 SR 104-Fort King George site, development; a resolution ----------------------------------------------1754, 1761, 1793, 1843 HB 9-Jekyll Creek bridge --------------------------------------------71, 95, 118, 249 HB 416-Jekyll Creek bridge -------------------------------------.409, 632, 766, 1008 HB 630-Jekyll Island State Park Authority; leases, easements; Act of 1950 amended............1048, 1159, 1479, 1921 HR 249-928a-Mistletoe State Park; a resolution....1250, 1330, 1484, 1813 HR 260-943b-New Echota Memorial State Park; a resolution ----------------------------------------------1285, 1331, 1544, 1791 SB 136-Park lands, sale or lease in counties of 300,000 or more ---------------------------------------------.464, 491, 593, 806 HB 718-Seminole County, development -------------- ---------------------------------1 071 SB 206-State Park Authority; sinking funds; Code 43-625 amended ------------------------------------771, 833, 885, 989 HR 289-State park in Effingham County; a resolution............1543, 1866 SR 80-'-State park in Seminole County; a resolution -------------------------------------------- .1226, 1240, 1332, 1509
Partnerships
HB 664-Uniform Limited Partnership Act; Code Ch. 75-4 ------------------------------1052, 1233, 1425, 1752, 1778
Pavo
HB 704-Charter amended; name ------------------------1058, 1328, 1357, 1701
Peace Officers' Annuity and Benefit Fund
HB 72 7-Amendments ----------------------------------------------------------------------------1072

2014

INDEX

HB 94-Amendments --------------------------87, 153, 375, 400, 764, 990, 994 HB 1024-Amendments ----------------------------------------------------------------------------1526
Peace Officers Retirement System
HB 90S-Amendments --------------------------------------------1215, 1294, 1548, 1864
Pataula Judicial Circuit
HB 306-Solicitor-general's salary -------------------------------253, 347, 367, 714
Peach County
SB 77-Commissioner's salary ----------------------------------.438, 453, 478, 518 HB 680-Tax Commissioner ----------------------------------1055, 1079, 1111, 1251 HR 32-153b--Peachtree-Whitehall, Inc. --------------------------133, 239, 358, 521 HR 32-153b--Confirmation of lease between Western
and Atlantic Railroad and Whitehall, Inc.; a resolution ------------------------------------------------------133, 239, 357, 521
Pearson, F. L.
HR 74-331d-Compensation of injuries to cattle........314, 477, 856, 1009
Pelham
HB 13-Ad valorem tax ---------------------------------------------------72, 95, 108, 245
Pembroke
HB 488-New Charter ----------------------------------------------------510, 553, 595, 881
Pennington, Lee W.
HR 20-129b--Pennington Highway designated to honor ----------------------------------------------------------------921, 143, 156, 327
Pensions (See Counties and County Matters)
Pensions (See Employees' Retirement System)
SB 99-Employees transferred from county to cities of over 150,000 (1920 census) --------------------.460, 486, 590, 808
SB 94-Fire department employee pensions in cities of 150,000 or more -------------------.460, 585, 590, 810, 1000
HB 94-Peace Officers Annuity and Benefit Fund amendments --------------------------87, 153, 375, 400, 764, 990, 994
SB 118-Pension system in counties of 300,000 or more ---------------------------------------------.462, 592, 811, 1001, 1814
SB 93-Police department pension system in cities of 150,000 -------------------------------------------.460, 485, 590, 809, 1000
SB 95-Police department pensions in counties Clf 200,000 or more ---------------------------------.460, 485, 693, 819, 1012
HB 578-Police pension system in counties of 200,000 or more ------------------------------------------622, 681, 729, 1004
Pensions (See Peace Officers Retirement System)
Pensions
HB 817-Employees retirement system, amendments ----------------------------------1120, 1198, 1314, 1738, 1923

INDEX

2015

Perry SB 351-Charter amended; police court ---------- .1393, 1405, 1466, 1501

Photographic Recording (See Recording) HB 115-Physical Therapists Practice Act --------------------90, 177, 377, 572

Photographs

SB 255-Exposing of --------------------------------------------------------1254, 1273, 1295 Pickens County
HR 181-755h-Law books to; a resolution..............1077, 1199, 1237, 1813

Pilcher, Dr. J. W.
HR 162-708f-Compensation to; a resolution ........1059, 1110, 1281, 1750 HB 503-Pimento Plants --------------------------------------------------------------------------534
Pleadings
HB 772-Demurrers and pleas; service; Code 81-301 amended --------------------------------------------------1094, 1261, 1512, 1923
SB 315--Judgment on, after amendment; Code 81-1001 amended..............

Police Departments (See names of counties, municipal corporations)

Police SB SB

165-Director of public safety in counties of
200,000 or more ----------------------------------------------626, 652, 683, 804 104-Police services in counties of 300,000 or
more; Code Ch. 23-14 amended..........461, 486, 637, 809, 1001

Polk County
HR 240-908i-Board of education; proposed amendment to the Constitution; a resolution............1216, 1295, 1623, 1867
HB 696-Treasurer's salary ----------------------------------1057, 1080, 1113, 1252

Polk County, City Court of HB 490-Amendments ----------------------------------------------------510, 553, 595, 829 HB 697--Judge's salary, qualifications ________________ 1057, 1080, 1113, 1292

Pollution of Streams (See Fish)

Porter Mills
SB 143-Charter repealed -------------------------------------------.467, 491, 555, 601 Poultry and Egg Industry
HR 61-303a-Interstate cooperation; a resolution ----------------------------------------------252, 348, 700, 981, 1011
Premarital Examinations
SB 56-Approved tests and laboratories -------------------280, 324, 423, 890 HB 875-Act of 1949 amended-----------------------------1188, 1395, 1774, 1924

2016

INDEX

Priests
SB 144-Privileged communications --------------------------713, 730, 884, 1"003 Primaries (See Elections)
Presidential Elections SB 236-Electors; nomination, certification, etc. ------------------------------------1195, 1204, 1263, 1337, 1492, 1870
Prisoners HB 856-Feeding in counties of 120,000 to 145,000; Code 24-2823, 77-103 amended --------------1149, 1229, 1268, 1856
Psychologists
HB 255-License of, State Board of Examiners....211, 550, 847, 993, 996
Public Defense (See Military Affairs)
Public Eating Places (See Sanitation)
Public Health Department
SB 51-Crippled children, transfer of services from Public Welfare Department to Public Health Department ----------------------------------------------------280, 323, 448, 889
Public Officers
SB 266-Publish financial statement --------------------1326, 1333, 1356, 1807
Public Records
HB 788-Destruction of ----------------------------------------------------------------1097, 1198
Public Safety Department
HB 884-Accident reports, copies....1211, 1294, 1451, 1871, 1904, 1918 HB 726-Additional Personnel ----------------------------------------------------------------1072 HB 712-Amendments, ranks and pay of
officers ----------------------------------------------------1070, 1107, 1370, 1751 SB 165-Director of public safety in counties of
200,000 or more ----------------------------------------------626, 652, 683, 804 SB 86-Director to approve uniforms of enforcement officers....574, 602 HR 59-Increase of troopers recommended; a resolution..............221, 419 HB 10-Salaries; subsistence; additional
troopers --------------------------------------------71, 152, 183, 328, 606, 694 HR 192-810e-Relieved from liability for a theft;
a resolution --------------------------------------------------------1101, 1199, 1370 SB 392-Transfer of Fulton County crime
laboratory ------------------------------------------------1700, 1720, 1799, 1855
Public Service Commission
HB 644-Expense Allowance ------------------------------------------------------1050, 1354 HB 282-Secretary's salary; Code 93-208 amended......232, 347, 408, 977
Public Welfare Department
HR 130-Committee to investigate --------------------------------------------------773, 882 HB 27-County directors; employees; Reorganization
Act ------------------------------------------74, 140, 160, 183, 209, 429, 626

INDEX

2017

SB 51--Crippled children, transfer of services to
Department of Public Health ------------------------280, 323, 448, 889 HR 16-89g-Joint committee to investigate; a resolution..83, 107, 112, 143 SR 35-Public Welfare rolls, confidential nature of;
memorial to Congress; a resolution________________574, 604, 724, 890
HB 661-Transfer of assets of charitable and non-
profit corporations ----------------------------------1052, 1079, 1116, 1'493

Q

Quitman HB 829-Charter amended; streets, sidewalks, etc. ----------------------------------------------------------1122, 1162, 1203, ,1391 HB 830-lncorporate -----------:--------------------------------------------------------:1122 HB 828-lncorporate ----------------------------------------------1122, 1161, 1203, 1319 HB 371-Taxation --------------------------------------------------341, 632, 684, 977
Quitman City Court HB 541-Abolished; referendum --------------------------540, 588, 640, 8&3, 974
Quitman County
HB 393-Treasurer's salary ------------------------------------.,361, 393, 427,_ 572
R
Racing HB 217-Licensing--control of -----------------------------------~------------:......190, 550
Rabbis SB 144-Privileged communications -----------------------713, 730, 884, 1003
Radio Station Operators, Amateur HB 328-Special automobile license tags -------------~---313, 389, 845, 1007
Railroads
HB 326-Lights on track motor cars -----------------312, 1231, 1520, 1815 Raines, Louie
HR 175-7551r-Compensation for injuries; a resolution ----------------------1076, 1199, 1279, 1750
Real Property HB 236-Field book system in counties of 120,QOO to 145,000 -----------------------193, 219, 236, 419, 1929
Recording (See Bills of Sale) Recording (See Registrable Instruments)
HB 564-Indexes of recorded instruments in counties

2018

INDEX

of 29,700 to 29,750; Code 24-2715
amended ----------------------------------------------------------578, 636, 691, 980 HB 415-Photographic recording in counties of 300,000
or more; Code 24-2714 amended --------------------385, 422, 450, 625

Reddish, J. M.

SR 40-Relieved of bond forfeiture ----------------------------831, 835, 887, 974

Redevelopment Law (See Housing)

Registration (See Divorce; Land Registration; Marriage)

Registration of Voters (See Voters Registration Act)

Registrable Instruments

HB 15-Attestation; Code 29-407 amended --------------------72, 96, 128, 325 HB 16-Attestation; Code 29-406 amended --------------------72, 96, 129, 325 HB 14-Deeds executed out of State; Code 29-409
amended ------------------------------------72, 95, 121, 356, 429, 468, 498
Rehabilitation (See Vocational Rehabilitation)

Reidsville

SB 64-New Charter ---------------------------------------------------.467, 484, 554, 602

;. .

.

Reidsville City Court

SB 180-Fines and forfeitures -------------------------------------670, 691, 723, 799 SB 367-Judge's salary ------------'~--------------------------1497, 1515, 1537, 1717
Remerton

HlJ 345-Charter --------------------------------,-------------.---------------316, 390, 425, 570 Rentz
HB 729~Chal'ter amended; tax rate, licenses........1072, 1108, 1130, 1531

Reporters (See Court Reporters)

Restaurants (See Sanitation) Retailers' and Consumers Sales and Use Tax Act

HB 2-Collection

of ....70, 100, 290, 541, 700, 827, 992, 996, 997, 1003, 1009,

HB 998-Exemptions --------------------------------------------------------------------1454, 1514

HB 928-Amendments ----------------------------------------------------------------------------1250

HB HB

::~=~~==~:~~~=

::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~g:g

HB 646-Exemptions ------------------------------------------------------------------------------1050

HB 637-Exemptions ------------------------------------------------------------------------------1049

Retailers' and Consumers Sales and Use Tax

HB 709-Monthly returns, delinquencies....1069, 1160, 1661, 1871, 1900 HB 628-School lunches, State banks, religious
papers ---------------------------------------------------- ..1047, 1079, 1117, 1292

Retirement (See employees' Retirement System; Merit System; Teachers' Re-

INDEX

2019

tirement System; Peace Officers Retirement System) SB 13-Solicitors-General retirement system;
Amendment ----------------------------------------------------195, 204, 265, 956 SB 12-Superior court judges emeritus,
amendment ------------------------------------------------------713, 730, 779, 960
Revenue Certificates
SB 15-Act of 1937 amended --------------------------------------195, 205, 265, 500 SB 154-Act of 1937 amended--------------------------------------712, 731, 884, 1000
Revenue Commissioner (See State Revenue Commissioner)
SB 369-Levy and sale bY----------------1790, 1798, 1816, 1906, 1912, 1915 HB 146-Liquor License obtained by fraud --------------------------------------------131
Richmond County
HB 990-Augusta-Richmond County Building Authority --------------------------------------1384, 1463; 1500, 1753, 1824
HR 276-990a-Augusta-Richmond County Building Authority; proposed amendment to the Constitution; a resolution ----------------------1384, 1465, 1631, 1868
HB 1012-Board of education, contracts ----------------1"524, 1562, 1713, 1927 HB 511-Boys Farm ---------------------------------------------------535, 587, 762,- 1004 SB 254-Department of health; proposed amendment
to the Constitution ----------------------------------1153, 1167, 1200, 1238 HR 49-248a-Law books to; a resolution --------------195, 219, 242, 440, 453 HR 223-861d-Law books to; a resolution ------------1151, 1231, 1271, 1813 HB 591-Pension system; amendment ------------------------623, 682, 728, 1006 HR 101-476c-Street and sidewalk improvements; proposed
amendment to the Constitution___________________-471, 554, 948, 1153
Richmond County City Court
HB 373-Salary of judge and of solicitor ----------------------341, 366, 399, 571
Ringgold
HB 445-Name ----------------------------------------------------------------436, 551, 599, 879
Riverdale
HB 199-New Charter --------------------------------------------------150, 179, 204, 255
Roads (See Highways)
SB 112-County road system in counties of 300,000 or more ----------------------------462, 488, 521, 558, 591, 861
SB 113-County road work in counties of 300,00 or more____ 591, 801, 1001
Rockdale County
HR 210-810n-Board of education; proposed amendment to the Constitution; a resolution________________ 1102, 1162, 1604, 1867
Rockmart
HB 528-Corporate limits extended ------------------------------538; 634, 687, 979
Rome
HB 307-Corporate limits extended ------------------------------253, 318, 350, 879

.2020

INDEX

HB 308-Registration of voters -----------------------------------254, 319, 350, 879
Rome Judicial Circuit
HB 824-Judge's salary ----------------------------------------1121, 1161, 1202, 1353 HB 563-Judge's salary --------------------578, 636, 690, 710, 724, 883, 963
Roosevelt, Franklin D.
HB 505-Warm Springs Commission, create ------------------------------------------535
Rose, Jeff HR 52-271a-Compensation for injuries to automobile; a resolution --------------------------------------------------214, 348, 1280, 1749
Rossville
SB 350-Charter amended; sewerage --------------------1353, 1362, 1466, 150f HB 569-Compensation of mayor and councilmen;
mayor's duties ------------'-------------------------------579, 636, 725, 1004 HB 568-Street closing authorized ---------------------------579, 636, 726, 1004 Rural Telephone Cooperative Act
HB 676-Amendments -------------------------------------------1054, 1107, 1139, 1390 Russell, Richard B.
HR 90-Appointment as chairman of Senate Armed Services Committee commended; a resolution ----------------375, 440
HR 275-Urged to run for Presidency; a resolution ________________ 1366, 1460
s

St. Marys
HB 745-Charter amended; election hours ____________1074, 1228, 1265, 1531 HB 2-Sales Tax Act______________70, 100, 290, 541, 700, 827, 992, 996,
997, 1003, 1009, 1011, 1019, 1022
Sales Tax
SB 267_:_Transportation, exemptions ------------------------------1326, 1333, 1833
Sales Tax (See Retailers; and Consumers Sales and Use Ta:x:)
S-anitation
HB 256-Regulations, public eating places ----------------211, 550, 762, 1007
Savannah
HB 366-Additional indebtedness ---------------------------------340, 421, 594, 879 SR 22-Additional indebtedness for hospital, proposed
amendment to the Constitution ----------------------196, 206, 589, 648 SR 10-Additional indebtedness for sewerage; proposed
amendment to the Constitution ------------ ---------157, 182, 320, 907 SR 12-Additional indebtedness for streets and
sidewalks ;proposed amendment to the Constitution ----------------------------------------------------158, 183, 320, 913

INDEX

2021

SB 309-Change to Council Manager form ................................1496, 1503 SB 20-Charter amendments ....................196, 204, 205, 589, 650, 715 HB 907-Charter amendments ................................................................1215 SB 274-Charter amended; Coffee Alley ............1195, 1204, 1564, 1874 HB 802-Charter amended; Ellis Square parking
areas ........................................................1099, 1328, 1360, 1701 SB 24-Corporate limits ..............................................196, 206, 319, 351 SB 22-Garbage and sewerage charges......................196, 206, 589, 648 HB 1028-Mayor and alderman ................................................................1526 SB 19-Municipal services and taxation ....................196, 205, 319, 352 SB 21-Referendum to direct charter amendment
(mayor and aldermen or city manager) ......................................196, 204, 205, 589, 649, 715 of president ....................................................149, 179, 202, 356 HB 190-Savannah-Chatham board of education; election;
Savannah Airport Commission
HB 738-Amendments ............................................1073, 1336, 1472, 1746
Savannah, City Court of
SB 311--Jurisdiction; judges ................................1265, 1275, 1564, 1873
Savannah District Authority
SB 18-Creating Act (name changed from Savannah Port Authority) ....................................196, 205, 448, 594, 714
SR 13-Proposed amendment to the Constitution........158, 183, 320, 916
Savannah, Municipal Court of
SB 310--Judges ......................................................1256, 1275, 1564, 1874
Savannah Port Authority (See Savannah District Authority)
Savannah River Islands
HR 31-153a-Conveyance to United States authorized; a resolution; Atomic Energy ................133, 180, 500, 830, 839
Schley County
HB 193-Commissioner districts ....................................149, 179, 203, 355
Schley Superior Court
SB 227-Terms ......................................................1225, 1239, 1295, 1403
Schools (See Vocational Trade School Building Authority)
HB 375-City operation in county area to be annexed to cities of over 300,000 ...................................342, 366, 399, 571
HB 265-County school superintendents' clerical help; Code 32-1006 amended ................................213, 586, 771, 1007
HB 357-School Building Authority for the Deaf and Blind ......................................................338, 446, 765, 1007
HB 25-School Building Authority ..........................................................74 HB 1-State School Building Authority............70, 176, 207, 402, 456 SB 121-Support in counties of 300,000
or more ...............................462, 489, 693, 826, 956, 964, 1001

2022

INDEX

School Buses
HB 814-Drivers, examination ----------------------------------------------------------------1120 HB 769-Marking; Act of 1933
amended ----------------------------1094, 1234, 1305, 1335, 1665, 1864 HB 815-Specifications ----------------------------------------------------------------1120, 1161 HB 209-Insurance for children --------------------------------191, 732, 1035, 1083
Screven County
SB !53-Coroner's fees --------------------------------------------------522, 558, 594, 641 Screven Superior Court
HB 752-Terms ------------------------------------------------------1075, 1109, 1133, 1291 Seals (See Notaries)
HB 280-Secondary Boycott Act --------------------------------------------------------------231 Secretary of State
SB 81-Commission, furnish to members___________________ _438, 453, 589, 902
Selective Service Act SR 49-Memorial to Congress-A resolution ____________ 574, 604, 780, 965
Sentell, B. L.
HR 34-189a-Reimbursement, payments for injury to automobile ------------------------------------------------------148, 636, 856, 1007
Service
HB 24-Non-resident corporations; Code 22-1104 repealed ------------------------------------------------------------73, 106, 129, 325
Shell Fish
SB 294-Rights of riparian owners--tidal streams ------------------1293, 1299, 1356, 1805, 1821, 1879, 1919
Sheriffs (See names of counties)
SB 185-Compensation in counties of 4,500 to 4,525....626, 652, 683, 799
Shrimping
HB 781-Dragging with nets, closed season, local option ........1096, 1126, 1241, 1560, 1670, 1700, 1726, 1736, 1792
Simmone, A. C.
HB 188-Compensation for injuries to daughter........148, 200, 856, 1006 HB 111-Small Loan Business ------------------------------------------------------------------90 Smith, George III
Elect, Speaker Pro Tern. --------------------------------------------------------------------------------14 Smoak, Harold H.
HR 183-755j-Compensation for injuries to automobile:

INDEX

2023

a resolution ............................................1077, 1234, 1307, 1750
Snellville
SB 257-Charter amended; franchises, easements, etc. ..........................................................1195, 1204, 1465, 1502
Social Security
HB 271-Coverage of officers and employees of political subdivisions ....................214, 264, 432, 499, 830, 836
HR 245-927e-Federal Social Security Act, agreements covering State Employees; proposed amendment to Constitution; a resolution ....................:.....1249, 1487, 1670, 1872, 1900, 1913
HB 719-State Board, directors salary ..................................................1071
Socialized Medicine
HR 46-Legislative declaration; a resolution ..............................167, 229
Soil Conservation
HB 424-Per diem of supervisors................................410, 447, 764, 1008
Solicitors-General
HB 536-Assistants' salary in counties of 108,000 to 112,000 ..............................................539, 588, 639, 982, 986
HB 565-Compensation in counties of 100,000 to 110,000 ..............................................578, 636, 690, 982, 988
HB 910-Emeritus ........................................................................1246, 1498 HB 645-Emeritus -------1050 SB 68-Expense allowance ---------.438, 453, 589, 957 HB 285-Expenses --------------- 232, 420 SB 13-Retirement system; amendment ------195, 204, 265, 956 HB 228-Emeritus ----- 192, 389 HB 101-Emeritus ----88, 261, 766, 1304, 1335
Southwell, J. W.
HR 163-708g-Compensation to J. W. Southwell for injuries; a resolution ---1059, 1233, 1486, 1865, 1872, 1913
Spalding County
HB 379-Commissioners' compensation ................342, 366, 368, 451, 624 HR 259-943-Griffin-Spalding County; school system; pro-
posed amendment to the Constitution; a resolution ................................................1285, 1398, 1648, 1868 HB 377-Zoning ..............................................................342, 366, 399, 571
Springfield
HB 938-Charter amended; Early Street ............1284, 1330, 1359, 1702
Springfield City Court
HB 387-Judge's salary -361, 391, 452, 625
State Board of Corrections (See Correction, State Board of)
SB 249-2 members from each militia

2024

INDEX

district ................................1225, 1239, 1264, 1300, 1335, 1893
State Board of Education (See Board of Education)
State Board of Workmen's Compensation
SB 62-Retirement System ..........................................466, 484, 589, 903
State Constitution
State Board of Health
HB 48-Additional members ..................................................77, 199, 230 HB 595-General hospital at Augusta ........................674, 721, 847, 1008 HB 835-Rules and Regulations ............................................................1146
. State Dpartment of Law (See Law Department) HB 104-State Highway Board ........................................................ 88, 153 SB 1-Amendments ..................................................158, 182, 220, 1327 HB 932-Amendments ............................................................................1283 HB 889-Powers and duties; Code 95-1605 amended -------------------------------- 1212, 1395, 1513, 1753, 1853, 1833, 1870 State Highway Department
HB 935-Airplane ..................................................1284, 1462, 1762, 1925
State Hospital Authority
HB 28-Revenue bonds ..................................................74, 140, 164, 325
State Medical Education Board
HR 54-271c-Proposed amendment to the Constitution; scholarships ............................................214, 239, 368, 845, 983
State Militia
HB 95-Military Forces Reorganization Act ................87, 141, 377, 572 SB 33-State Office Building Authority ............................................ 699
State Officers
SR 6-Primary elections on county unit basis; proposed amendment to the Constitution ------------------------------------------------------ 255, 268, 423, 502, 518, 605
State Parks (See Parks)
SB 358-Governor to provide police protection for..........1559, 1578, 1756
State Park Authority
SB 207-Contracts with State Parks, Historic Sites and Monuments Division; Code 43-138 amended 771, 833, 886, 989
SB 206-Sinking fund; Code 43-625 amended ............771, 833, 885, 989
State Parks, Historical Sites and Monuments, Division of HB 627-Subleases
State Ports Authority SB 16-Amended Act ....................................................................195, 205

INDEX

2025

State Prison, Reidsville
HB 677-Automobile for warden --------------------------1055, 1079, 1116, 1226 State Officials
HB 916-Salary adjustment -------------------- 1247, 1395, 1515, 1539, 1690, 1872, 1916, 1918
State Revenue Commissioner
HB 43-Commissioner and deputy; garnishment, attachment, levy and sale ................76, 140, 184, 715, 756, 828, 841
SB 52-Number plates to show Senatorial DistricL....................324, 325 HB 1-State School Building Authority ............70, 176, 207, 402, 456
State Territory (See Territory of State)
State Troopers (See Public Safety Department)
Statesboro, City Court of
SB 401-Terms, fines and forfeitures ................1793, 1799, 1816, 1873 HB 556-Terms; fines and costs, etc...................577, 635, 681, 883, 962 HB 408-Statesboro school tax --------------------------------------384, 475, 515, 673 State Waltz
SR 34-"0ur Georgia" so designated; a resolution ....438, 453, 724, 889
Stephens, Alexander H.
HR 177-755d-Bust in Virginia Hall of Fame; a resolution ----------------------------------------------------- 1076, 1234, 1302, 1492, 1822
Stephens County
HB 687-Commissioners' compensation ................1056, 1080, 1112, 1252 HB 685-0rdinary's compensation ........................1056, 1080, 1111, 1252
Stewart County
HB 125-Commissioner's clerk; salary ...........................91, 107, 117, 247 HB 126-Tax commissioner's salary ................................91, 107, 117, 247
Stewart Superior Court
SB 182-Terms --------------------------------------------------------------671, 691, 780, 888 Stone Mountain
HR 250-928b-Confederate Memorial Park; a resolution ------------------------------------------------------ 1250, 1331, 1689, 1815, 1828
Stone Mountain Judicial Circuit
HB 1021-Solicitor-General's salary ......................1525, 1707, 1756, 1928
Stream Pollution (See Fish)
Street Improvements (See Municipal Corporation!')
Sugar Hill
SB 376-Terms of Town Council ..........................1704, 1718, 1754, 1796

2026

INDEX

Summerville
SB 264-Election hours ----------------------------------------1195, 1204, 1231, 1272
Sumter County
HB 57-Commissioners; salary --------------------------------------78, 106, 116, 245
Superior Courts (See names of courts)
HB 230-Clerks; index of recorded instruments in counties of more than 117,000; Code 24-2715 amended ------------------------------------------------------------------------ 192, 263, 484, 672
HB 564-Clerks; indexes of recorded instruments in counties of 29,700 to 29,750; Code 24-2715 amended 578, 636, 691, 980
HB 555-Clerk's salary in counties of 24,600 to 24,950 577, 635, 688, 980 SB 282-Clerk's retirement fund ____________ 1226, 1239, 1296, 1887, 1920 HB 933-Clerk's salary ----------------------------------------------------------------1283, 1330 SB 42-Contingent expense allowance of judges 255, 268, 319, 431, 467 HB 231-Dockets in counties of more than 130,000; Code
24-2714 amended --------------------------------------------192, 263, 320, 569 HB 239-Fees of clerks in counties of 120,000 to 145,000;
Code 24-2728 amended ----------------------------------193, 219, 242, 419 HB 187-Judge emeritus ---------------------------------------------------------------- 148, 346 HB 266-Judges emeritus; amendments -------------------213, 586, 1140, 1707 HB 90-Judges emeritus; amendments ----------------------------------84, 153, 188 SB 12-Judges emeritus, amendment --------------------------713, 730, 779, 960 HB 151-Judges, expense allowance ------------------------------------------- 132, 178 SB 243-Reporters emeritus ----------------------1293, 1299, 1465, 1806, 1869 HB 537-Salaries of employees in counties of 108,000 to
112,000 --------------------------------------------------539, 588, 640, 982, 986
Supreme Court
HB 767-Bills of exceptions, copies, filing (copy to AttorneyGeneral in capital felony cases); Cod3 6-1001 amended --------------------------------------------------1094, 1261, 1722, 1865
HB 150-Judge, emeritus ------------------------------------------------------------------------ 132 SB 346-Justices emeritus-Act of 1937 amended 1353, 1362, 1399, 1895 SB 221-0fficers and employees, retirement ________ 1224, 1238, 1356, 1807 SB 34 7-Salaries of employes ------------------------------1560, 1578, 1708, 1906
Supreme Court and Court of Appeals
SB 343-Fix Compensation of -------------------------------------------1559, 1578, 1708
Survival of Causes of Action (See Torts)
Swainsboro City Court
HB 455-Salary of judge and of solicitor -------------------.437, 551, 600, 829
Sylvania, City Court of
HB 750-Terms ------------------------------------------------------1075, 1109, 1133, 1290
Swimming Pools
HB 261-Designate danger points ------------------------------------------------ 212, 779

INDEX

2027

Sylvester
HB 338-Charter amendments --------------------------------------315, 390, 424, 570 HB 850-Charter amended; corporate limits ........1148, 1229, 1267, 1532
Syphilis
SB 56-Premarital examination; approved test::: and laboratories ------------------------------------------------------280, 324, 423, 890

T

Talbot County
HB 561-Warm Springs Memorial Area Planning Commission abolished --------------------------------------------578, 635, 690, 980
Talbotton
HB 699-Charter amendment; "City of Talbotton" ---------------------------------------------------------------- 1057, 1160, 1201, 1390
Taliaferro County
SB 356-Board of education purchases ................1394, 1406, 1467, 1539 SB 320-Board of education, statement of expenditures
---------------------------------------------------------------- 1293, 1300, 1357, 1403 SB 306-Commissioners' compensation ................1256, 1275, 1357, 1403 SB 357-Commissioners; purchases ....................1394, 1406, 1467, 1539 SB 321-Expenditures -----------------------------------------1293, 1300, 1357, 1404
Tallapoosa
HB 4 71~Compensation of mayor and councilmen and of city clerk ---------------------------------------------------.470, 552, 597, 880
HB 384-School system --------------------------------------------------360, 475, 514, 672
Talmadge, Eugene
HR 155-Eugene Talmadge Memorial Hospital, a resolution 1033, 1091 HR 300-Talmadge Memorial Highway designated; a
resolution ---------------------------------------------------------------------1742, 1813
Tanenbaum, Nathan
HR 24-129f-Compensation; compensation for injuries to wife ------------------------------------------------------------------93, 143, 854, 1008
Tattnall County
SB 87-Abolish office of tax collector and tax receiver................438, 453 SB 179-Employ county attorney ----------------------------------626, 652, 683, 827 HB 432-0rdinary's salary -------------------------------------------.412, 447, 483, 879 SB 181-Police -------------------------------------------------------------670, 691, 723, 797 SB 360-Police Force --------------------------------------------1394, 1406, 1537, 1717 SB 359-Police ------------------------------------------------------1394, 1406, 1467, 1502
Tax Assessors
SB 300-Disposition of unreturned property..................1495, 1503, 1833

2028

INDEX

Tax Commissioners
HB 293-Assistant clerk in counties of 15,400 to 15,825 --------------------------------------------------------------233, 265, 322, 466
Tax Receivers
HB 212-Commission for collection of school tax in counties of 5,975 to 6,500 --------------------------------------------170, 218, 240, 439
Tax Receivers and Collectors
HB 312-Commissions in counties of 108,000 to 112,000 ------------------------------------------------------------------------ 385, 422, 449, 625
HB 389-Commissions in counties of 14,180 to 14,200 ------------------------------------------------------------------------ 361, 391' 42 6, 571
Tax Revision Committee
HR 98-465a-Dissolved; a resolution _____________________ _469, 638, 992, 1009
Taxation (See Banks; Income Taxes; Motor Fuel Tax; Retailers' and Consumers' Sales and Use Tax; Trust Companies)
HB 4-Accounts receivable and notes ---------------------------- 70, 100, 328, 1389, 1415, 1492, 1732, 1899
HB 611-Bachelors and old maids -----------------------------------871, 1159, 1280 HB 6-Commissions of tax collector or commissioner in
counties of 75,000 or more; Code 92-5301 amended ---------------------------------------- 70, 261, 332, 354, 848, 1006 HB 8-Corporation ------------------------------------------------------------------------------ 71 HB 996-Corporation Taxes ______________________ 1453, 1537, 1665, 1870, 1914 HB 5-Cigars, Cigarettes, etc.....71, 237, 273, 540, 560, 605, 694, 838 HB 136-County board of tax assessors in counties of less than 25,000; Code 92-6903 amended ----------------------------------------HB 46-Documents ------------------------------------------------------------------77, 269, 327 HR 218-Federal income taxes; proposed amendments to the Federal Constitution ----------------------------------------1135, 1196, 1362 HR 234-908c-Federal income tax deductions ----------------------------------------------HB 17-Homestead exemption; Code 92-220, 92-~33 amended ------------------------------------------------------------ 72, 346, 761, 1752, 1834 HB 653-Homestead exemption; Code 92-233 amended ----------------------------------------------------------------- 1051, 1160, 12 81,1921 HR 261-943c-Intangible personal property owned by trust; proposed amendment to the Constitution......1285, 1398, 1584, 1868 SB 119-Levies; specification of amounts and purposes in counties of 300,000 or more_____________________ _462, 488, 592, 803
HB 39-License plates ---------------------------------------------------76, 140, 165, 183 HB 26-Malt beverages and wines
------------------ 74, 100, 106, 271, 541, 608, 670, 716, 983, 993, 997, 1012
HB 45-Malt beverages, dealers -----------------------------------------------------76, 100 HB 41-Motor fuel taxes; Code 92-1403 amended
-------------------------------------------------------- 76, 237' 269, 332, 541, 694 HB 7-Municipal ad valorem rate; Code 92-4101 amended
---------------------------------------------------------------------------- 71, 549, 597, 976 HB 42-Net income ----------------------------------------------76, 100, 523, 882, 957 HB 3-0ccupation taxes; fishing and hunting licenses; corpo-

INDEX

2029

ration license tax; automobile licenses; tax on insurance companies ____________70, 100, 2SO, 46S, 492, 501, 605, 606 SR 22-Property tax; proposed amendment to the Constitution ---------------- 41S, 42S, 594, 99S, 1003, 1013, 1032, 1062, 1090 HB 2S3-Property -------~------------------------------------------------------------------ 232, 347 HB 2-Retailers' and Consumers' Sales and U 3e Tax Act....70, 100, 290, 541, 700, S27, 992, 996, 997, 1103,
1011, 1019, 1022 HB 43-State Revenue Commissioner and deputy; garnish-
ment, attachment, levy and sale ------------------------------------------------ 76, 140, 1S4, 715, 756, S2S, S41 HB 52-State Income Tax Law-Rate ------------------------------------------------ 77 SR 47-Tax powers of State; proposed amendment to the Constitution ----------------------------------,:--------1111, 1115, 1200, 1SS4
Taxicabs
HB S93-Act of 1941 repealed ----------------------------1213, 1395, 1517, 1S64
'Teachers
HB 1026-Tenure system, provide ------------------------------------------------1526, 1563
Teachers' Retirement System SB 24S-Amend --------------------------------------~-------------------------1152, 1167, 139S HB 651-Amendments ------------------------------------------------------------------1051, 1197 SB 276-Terrnination of membership; Act of 1943 amended --------------------------------------------------1225, 1239, 1331, 1S32 HB -4S3-Amendments ______:-----------'----------------------------------------------- 509, 606 SB SO-Transfer of credits from employees' retirement system --------------------------------------------------------------711, 730, SS4, 990
Telephones (See Rural Telephone Cooperative Act)
Telfair County
HB 706-Commissioners salary ____________________________ 105S, 10S1, 1114, 1253 HB 160-Commissioners clerk's salary ------------------------134, 154, 1S1, 355 SB 40-Sheriff's compensation ---------------------------------22S, 244, 319, 367
Tax commissioner's clerk
HB 70S-Treasurer's salary --------------------------------1059, 10S1, 1114, 1253
Temple
HB 364-Street and sidewalk improvements ----------------340, 421, 44S, 624
Territory of State
SB 265-Jurisdiction in territory ceded to Federal Government ----------------------------------------1254, 1273, 1296, 1S06, 1S68
Thomasville
HB 63-Contractors with city ----------------------------------------79, 96, 109, 245 HB 61-Corporate limits extended ----------------------------------7S, 96, 109, 245 HB 344-Mayor; designation by commissioners --------315, 390, 424, 570

2030

INDEX

HB 62-Municipal bonds ...............................................79, 96, 109, 245
Thomasville, City Court of HB 705-Compensation of judge and of solicitor 1058, 1081, 1114, 1253
Thomson HB 559-Charter amendments ....................................577, 635, 689, 980 HB 161-708e--Land conveyance to; a resolution 1059, 1162, 1309, 1746
Thunderbolt Charter amendments HB 926.:_Charter amended-street ........................1249, 1498, 1578, 1926 SB 23-Corporate limits ..............................................196, 206, 319, 351
Tift County HB 123-Ccimmissioners; compensation ..........................91, 115, 144, 247 HR 284-1007a-Land conveyance to; a resolution 1490, 1537, 1735, 18()4
Tifton HB 232-City manager's salary ....................................192, 238, 266, 464 HR 284-1007a-Land conveyance to; a resolution 1490, 1437, 1735, 1864
Toccoa HB 333-Election hours ................................................314, 389, 423, 570 HB 860-Charter amended; gas system ..............1150, 1230, 1269, 1532 HB 540-Water facilities ..............................................540, 634, 687, 979
Todd, John Caldwell Calhoun HR 208-810u-Road designated to honor..............1103, 1163, 1202, 1391
Toll Roads (See Highways)
Toms, Marion Elect as doorkeeper ........................................................................................18
Toombs County HR 128-605b-Law books to; a resolution................711, 884, 1034, 1227
Torts (See Homicide) SB 172-Abatement and survival of actions; Code 3-505 amended ..................................................1325, 1333, 1465, 1808
Trade Marks HB 380-Code Chs. 106-1, 106-9 amended
Trade Schools (See Vocational Trade School Building Authority) Traffic
HB 19-Violations, trials in counties of 15,120 to 15,600 -----------------------------------------------------------.436, 476, 516, 714

INDE+

2031

Treaties
HR 209-Federal treaty-making power; proposed amendment to Constitution; a resolution ..........................c1117, 1153
HB 782-Treaspass ..................................................................................109.6
Treasury Department
SR 56-Disposition of old records; a resolution ................713, 732, 960
Trion
SB 192-Charter amendments ......................................671, 731, 780, 888
Troup County
SR 84-Board of education; proposed amendment to the Constitution; a resolution .:..............,...1226, 1240, 1296, 1589
SB 164-Pension and-retirement system ......................573, 603, 637, 690
Trust Companies
SB 239-lncorporation; approval of Superintendent ofBanks; Code 109-102 amended ..............1253, 1272, 1331, 1843
SB 238-Taxation of banks, trust companies incorporated under laws of State ................................1253, 1272, 1331, 1451
Trusts (See Common Trust Funds)
HB 784-Charitable trusts; Attorney-General as represen. tative of beneficiaries ............................1096, 1198, 1372~ 1752
HB 78S.:..:.Charitable trusts, contracts fcir hospital services .. . ''....:............":...............~--~--- 1096; 1198, 1371, 1752, 1822
HR 261-943c-Intangible personal property tax; proposed ' amendment to the Constitution; a resolution 1285, 1398, 1584, 1868
2.9-Tutnpike Authority Act ..............................................................
Turner County
HB 456-Commissioners; amendments ........................437, 4"77, 511, 673
Twiggs County
HB 388--.:comniissioners; amendments '':'----361, 391, 426, 571 Tybee lsl~~:nd
SR 9-New road to; proposed amendment to the Constitution ........,...........................................157, 182, 320, 904
u

Unemploym~nt Compensation
SB 178-Amendments ..............................:.......:...........830, 833, 884, 993 HB 358-Amendments ............................................................................ 338 HB 270-Uniform Criminal Extradition Act
........................................................ 213, 347, 404, 407, 501, 829 HB 33-Uniform Support of Dependents Act ............75, 177, 230, 464

2032

INDEX

HB 664-Uniform Limited Partnership Act ------------------------------------------------------ 1052, 1233, 1425, 1752, 1778
Uniform Narcotic Drug Act (See Narcotics) HB 19-Uniform Traffic Code 73, 176, 208, 247, 432, 561, 610, 662
Union County
HR 60-296a-Board of education ------------------------------234, 348, 938, 1128 Union Superior Court
HB 822-Teims ------------------------------------------------------1121, 1161, 1202, 1390 University of Georgia
HB 679-Athletic tickets ------------------------------------------------------------------1055 HR 266-Naval Supply School in Athens --------------------------------1315, 1394 University System Building Authority
HB 789-Amendments ------------------------------------------1097, 1198, 1242, 1533 HB 44-Revenue bonds ---------------------------------------------76, 96, 129, 326
v

Valdosta

HB 97&--City Court --------------------------------------------1347, 1397, 1470, 1812 HB 1014-Charter amended; retirement system 1524, 1562, 1714, 1927 HB 19.2-Street and sidewalk improvements -------------t49, 179, 202, 355 HB 403-Utility Services Tax ---'----------------------------384, 550, 597, 879
Valdosta, City Court of

HB 976-Pleading and practice rules --------------1347, 1397, 1470, 1812 Veterans

HB 30l-Bonus ---------------------------------------------------------------------- 252

HR 311-Care of mentally ill veterans --------------------------------1802, 1930

HB 515-Commitment of insane or incompetent



veterans -----------,------------536, 1159, 1547, 1863

HR 123-Credit on bar examinations; a resolution---------------------

SB 9-Drivers' licenses ------------------------228, 243, 478, 955

HB 895-Exempt from income tax ----------------------------1213 HB 724-Income tax returns of Korean veterans 1072, 1294, 1451, 1706

HB 514-Transfer to veterans committed to Milledgeville State

Hospital to Federal Agencies --- 536, 1159, 1546, 1863

HB 97-Service Act ------------------------ 87, 153

Vidalia

HB 191-Charter amendments --------------------149, 179, 202, 355 HB 214-Passage of ordinances -----------170, 238, 266, 541 HB 211-Police court, jurisdiction -----------170, 238, 266, 541

Villa Rica

HB lOll-Charter amended; elections ------- .1524, 1562, 1713, 1927

INDEX

2033

HB 84-Corporate limits extended ----------------------------------82, 97, 111, 229 Vinson, J. W., Sr.
HR 19-129a-Vinson Road designated to honor ........92, 142, 157, 327
Vital Statistics
HB 874-Act of 1945 amended ---------------------------1188, 1395, 1774, 1924 Vocational Education
HB 571-Administration and development of ---------------------------- 620, 760 SB 198-Development of --------------------------------------------------1152, 1168, 1803 SB 198-Division of Vocational Education Service
established ----------------------------------------------- __________ 1152, 1168, 1803 HB 278-Vocational Trade School Building Authority
---------------------------------------------------------------- 231, 347, 433, 454, 672 Vocational Rehabilitation
HB 105-Blind -----------------------~------------------------------------------------------- 89, 153 SB 44-State Board of Vocational Education; codes
repealed ------'-------------------------------------------------228, 244, 478, 889 Voters Lists (See Elections)
Voting Machines (See Elections)
HB 93-Require in counties ----------------87, 141, 432, 1280, 1560, 1734
Voters' Registration Act SB 11-Amendments -------------:__________________________________ 279, 323, 1236, 1370 HB 862-Amendments ------------------------------------------------------------------1186, 1354
w

Wadley
HB 684-Charter amended; tax rate --------------------1056, 1227, 1264, 1530
Walden, William Walker
HR 204-810q-Bridge to honor ---------------------------- .1102, 1163, 1201, 1391
Walker City Court
HB 558--Creating Act ----------------''-------------------------------577, 635, 689, 980
Walker County
HB 142-Abolish County Court ----------------------------------------------104, 143, 482 HB 339-Commissioner's salary ----------------------------315, 446, 483, 830, 839 HR 45-207c-Law books to ------------------------------ ......... 169, 514, 556, 882 HB 139-0rdinary -------------------------------------------------------------------------- 103, 143 HB. 138-Salary in lieu of fees for officers ........ 103, 143, 478, 830, 839 HB 141-Superior court clerk -------------------------------------------------------- 104, 143 HB 140-Tax commissioner ------------------------------------------103, 143, 482, 828
Walton County HB 197-Commissioners; chairman's salary ________________ 150, 179, 197, 355

2034

INDEX

Ware County
HB 164-Commissioner's salary -----------------------------------134, 154, 181, 356
Warm Springs Memorial Area HB 561--Planning commission abolished ....................578, 635, 690, 980 HB 374-Warm air heating contractors -.---------------------------341, 446, 1781
Wayne County SB 361-Compensation of officers ........................1461, 1504, 1537, 1577 HB 273-Waynesboro, establish city court ....................215, 239, 266, 465
Webster County HB 169-Co:nunissioner; salary and expenses; clerk _,__ 135, 154, 169, 356 HB 906--Treasurer's salary ----------------------------------1214, 1263, 1298, 1495
Welcome Information Stations HB 381-Established by department of Commerce ....359, 421, 770, 1007
Welfare (See Aged Persons; Blind Persons; Children; Disabled Persons; Public Welfare, Department of)
Welfare Department (See Public Welfare Department)
West Point
HB 287-Corporate limits ------------------------------------------------------233, 318, 465 HB 292-Eminent domain; zoning; bonded indebtedness
---------------------------------------------------------------- 233, 318, 350, 465, 502 Western and Atlantic Railroad
HR 32-153b--Confirmation of lease between, and PeachtreeWhitehall, Inc. -------------------------------------------137, 239, 358, 52~
SB 6-Lease; amendment -----------------------------------------279, 323, 478, 889 Western Judicial Circuit
SB 38--Judge's salary ------------------------------------------:.......228, 243, 265, 322 SB 39-Solicitor-general's salary --------------------------r--228, 244, 265, 323 Wheeler County
HB 902-Commissioner; salary counsel, office 1214, 1263, 1297, 1495 HB 213-Tax commissioner's clerk ............................170, 218, 240, 439 Whitesburg
HB 435-Ad valorem tax ---------------------------------------------.412, 476, 516, 673 Whitfield County
HR 105-502a-Law books ------------------------------------------512, 883, 1033, 1227 HR 265-967b--Law books --------------------------------------1321, 1356, 1402, 1812. Wiggs, Henry A.
Compensation for injuries to automobile

INDEX

2035

Wilcher, J. W., Jr.
HR 162-708f-Compen!)ation for injuries ............1059, 1110, 1281, 1750
Wilcox County
HR 235-908d-Board of Education ----------------------------------1215, 1263, 1620 HB 450-Commissioners; election -------------------------------.436, 476, 516, 880
Wilds, D. B.
HR 74-331d-Compensation for injuries to cattle ....314, 477, 856, 1009
Wilkinson County
HB 144-Commissioners -------------------------------------------------------------------------- 104 HB 475-Commissioners; election -------------------------------.470, 514, 557, 829
Wills
HB 811-Revocation by marriage, divorce, etc.....1119, 1294, 1545, 1923 HB 714-Right to inherit from deceased denied to murderer
------------------------------------------------------------------ 1070, 1328, 1433, 1922
Winder
HB 961-Charter amended, gas distribution system ---------------------------------------------------------------- 1319, 1355, 1402, 1703
Wines
SB !58-Encourage growing of grapes --------------------------------574, 603, 683 SB 391-Foreign wines, tax on ----------------------------------------1749, 1761, 1794 HB 26-Taxation of malt beverages and wines
---------- 74, 100, 106, 271, 541, 608, IHO, 716, 983, 997, 1012
Witnesses
HB 116-Competency of witnesses in adultery cases ------------------------------------------------------------------ 90, 200, 408, 713, 714
Workmen's Compensation
HB 331-Amendments ---------------------------------------------------------------------------- 313 HB 420-Employer and employee defined (telephone
cooperatives) ..............................................410, 586, 1734, 1920 HB 763-Interest on award pending appeal; appoint of guard-
ian for minor claimant .....;......................1093, 1395, 1770, 1922 -HB 963-0ccupational diseases --------------------------1320 HB -543-Injuries, compensation --------------- 575, 844 Worth County
HB 394-Commissioners; compensation, street work in municipalities ---------------------------362, 394, 427, 572
Wrens
HB 472-Charter amendments -----------------------------------.470, 552, 598, 880 HB 689-Charter amended; tax rate, election of officers
-------------------------------------------------------------- 1056, 1228, 1265, 1530

2036

INDEX

Wrightsville City Courtt HB 165--Judge's salary ................................................134, 178, 202, 356

y

Yarbrough, J. E. HR 231-882e-Compensation for injuries 1190, 1236, 1485, 1498, 1782, 1929
z

Zoning
HB 247-In counties of 120,000 to 145,000 ....195, 238, 268, 247, 1930 HB 342-Planning and zoning in counties of 108,000
to 112,000 ..............................................315, 366, 400, 673, 696

Part II
HOUSE RESOLUTIONS
House of Representatives Resolutions
HR 1-Notify Senate House organized ............................................ 15 HR 2-Notify Governor, House convened .......................................... 15 HR 3-Appointmtent and Compensation of Attaches ........................ 16 HR 4-Rules ........................................................................................ 16 HR 5-Canvassing and Publishing Election R~turns ....................16, 22 HR 6-Provide for Inauguration of Governor and
Lt. Governor ..........................................................................17, 22 HR 7-Escort Governor and Lt. Governor ......................................17, 24 HR 8-Inauguration of Governor and Lt. Governor ....................17, 24 HR 9-Fill Vacancy of .Hon. A. M. Campbell, deceased .................... 21 HR 10-Appoint Hon. R. H. Stanton to fill vacancy............................ 21 HR 11-896-General Assembly to levy ad valorem taxes on
property ......................................................................82, 342, 348 HR 12-89c-Ratify 22nd Amendment to Constitution ..:.......83, 142, 186 HR 13-89d-Pensions to Ex-Confederate Soldiers ............................ 83 HR 14-89e-Ports and Waterways Committee ....................83, 189, 250 HR 15-89f-Amending Rules of House ................................83, 107, 112 HR 16-89g-Investigate Welfare Department ,.............83, 107, 112, 143 HR 17-89h-Advertising, local legislation ............83, 142, 186, 222, 980 HR 18-89a-Furnish Georgia Reports to Mitchell County 116, 144, 357 HR 19-129a-Honoring J. W. Vinson, Sr...................92, 142, 157, 327 HR 20-129b--Honoring Lee W. Pennington ................92, 143, 156, 327 HR 21-129c-Memorial for Congressman Dudley M.
Hughes ..............................................................92, 180, 780, 981

INDEX

2037

HR 22-129d-Allocation, Highway Department ---------------------------------- 92 HR 23-129e-Damages, Beauchamp ----------------------------93, 200, 856, 1008 HR 24-129f-Damages, Tannenbaum ------------------------93, 143, 854, 1008 HR 25-129g-Repeal certain before levying new taxes -------------------- 93 HR 26-Escort for Governor; Budget Message ---------------------------- 98, 99 HR 27-Condolence, C. C. Ansley -------------------------------------------------------- 98 HR 28-Sympathy to family of H. Herbert Griggs ---------------------------- 99 HR 29-Elect successor to Hon. John Quillian ----------------------------100, 144 HR 30-Constitutional Amendments, advertising ---------------------------- 200 HR 31-153a-Savannah River Islands, Governor convey
---------------------------------------------------------------- 133, 180, 500, 830, 839 HR 32-153b-Western and Atlantic Railroad-Peachtree-
Whitehall, Inc. ------------------------------------------------133, 239, 358, 521 HR 33-153c-Damages, King Bryant ____________________ 133, 348, 1487, 1749 HR 34-189a-Damages, Sgt. B. L. Sentell ____________ 148, 636, 856, 1009 HR 35-189b--Damages, Furman Bullard ____________ 148, 477, 1308, 1749
HR 36-l89c-Sales, Tax, limitation ----------------------------------------------148, 348 HR 37-189d-Compensation Arial ----------------------------148, 200, 854, 1009 HR 38-189e-General Assembly, reimbursement ________________ 148, 265, 617
HR 39-189f-Compensation, Bostick ----------------------------------------------149, 348 HR 40-Sympathy, family of W. L. Broome ---------------------------------------- 159 HR 41-Distribution of Appropriation Bill ---------------------------------------- 159 HR 42-Secretary of State, employ porter ---------------------------------------- 160 HR 43-207a-Investigate Executive Department -------------------------------- 169 HR 44-207b--Damages, T. J. Wells --------------------------------------------169, 477 HR 45-207a-Furnish Law Books to Walker County 169, 514, 556, 882
HR 46-Socialized Medicine ----------------------------------------------------------167, 229 HR 47-216a-lnvestigate Education Department ________________171, 239, 433 HR 48-216b--lnvestigate Veterans Service Department ____________ 171, 429
HR 49-248a-Furnish Law books to Richmond County
---------------------------------------------------------------- ] 95, 219, 242, 440, 453 HR 50-Thank, Cable Piano Company ------------------------------------------------ 207
HR 51-Robert E. Lee, pay tribute ------------------ --------------------------------- 208 HR 52-271a-Damages, Jeff Rose ----------------------------214, 348, 1280, 1749 HR 53-271b--Dove Hunting, regulate split season ____________ 214, 348, 433
HR 54-271c-State Medical Education Board
---------------------------------------------------------------- 214, 239, 368, 845, 983 HR 55-271d-General Assembly, change terms ----------------------------214, 722 HR 56-271e--Damages, E. H. Hutchins ------------------------------------214, 1032 HR 57-277a-Division of Crisp County into school districts
------------------------------------------------------------------------ 215, 319, 934, 1153 HR 58-Congratulate Benjamin J. Tarbutton ------------------------------------ 219 HR 59-Increase Troopers (350) State Patrol ------------------------221, 419 HR 60-269a-Union County, divide into school districts
---------------------------------------------------------------------- 234, 348, 938, 1128 HR 61-303a-Develop Poultry and Egg Industry
-------------------------------------------------------------- 252, 348, 700, 981, 1011 HR 62-303b--lnvestigate, University System of Georgia ____________ 252, 588 HR 63-303c-Damages, Wilford T. Blanton ________ 253, 722, 1513, 1865
HR 64-303d-Accounts Receivable, Taxation --------------------------------253, 883 HR 65-303e-Damages, C. B. Wilson ----------------------------------------253, 1231 HR 66-303f-lnvestigate, Health Department ----------------------------253, 422 HR 67-310a-Furnish Law Books to Baker County 254, 319, 351, 625
HR 68-310b--Furnish Law Books to Dade County______ 254, 319, 351, 466
HR 69-Solicitors General salary-Attorney General to pay ------------ 269

2038

INDEX

HR 70-Congratulate, Dan Fears -------------------------------------------------------- 273 HR 71-331a-Commercial Oil Wells, reward --------------------------------313, 349 HR 72-331b--Lake Lanier, name ----------------------------313, 422, 1035, 1090 HR 73-331c-Damages, Sturmer ----------------------------------------------------314, 477 HR 74-331d-Damages, Pearson and Wilds ____________ 314, 477, 856, 1009 HR 75-331e-Damages, Keating's Family
------------------------------------------------ 314, 477, 863, 1086, 1115, 1196 HR 76-361a-Patrol Cars, colors --------------------------------------------------339, 477 HR 77-361b--12 living children; payment to mother $50.00 ------------ 339 HR 78-361c-Damages, H. E. Hartsfield ------------------------------------339, 722 HR 79-361d-Damages, Rackley ------------------339, 477, 1307, 1335, 1664 HR 80-36le-Damages, C. L. Morgan ------------------------------------------------ 339 HR 81-361!-Damages, Weaver ----------------------------------------339, 478, 766 HR 82-361g-General Assembly, 4 year term ----------------------------340, 554 HR 83-361h-Land, Rabun County, trade ________________ 340, 422, 858, 1006 HR 84-379a-Pierce County, School Districts ____________________ 342, 554, 941
HR 85-383a-Old State Prison Farm; sell ------------------------360, 423, 1117 HR 86-383b--G. S. C. W. and Medical School ------------------------------------ 362 HR 87-383c-Damages, Paul E. King -------------- _____ 360, 722, 1281, 1749
HR 88-383d-Armory, Griffin, Ga. ----------------------------360, 478, 617, 882 HR 89-Sympathy; family of Woodrow McDaniels ---------------------------- 373 HR 90-Commend, Richard B. Russell ------------------------------------------375, 440 HR 91-402a-Bond Forfeiture, Jesup City Court ____ 383, 423, 845, 1006 HR 92-402b--Damages, T. J. Wells --------------------------------------------383, 722 HR 93-402c-Minimum Wage, Highway Department ____ 384, 448, 1018
HR 94-402d-Special License Tags, Congressmen ------------------------384, 448 HR 95-426a-Separate Schools-White and Colored Races ___.411, 1536 HR 96-444a-Damages, Dorothy Carswell ___________ _435, 636, 1774, 1929 HR 97-444b--Investigate, Medical School at Augusta _________.436, 588, 697 HR 98-465a-Tax Revision Committee, dissolve _______ _469, 638, 992, 1009 HR 99-476a-Polk County-County Superintendent of Schools
------------------------------------------------------------------------ 471, 518, 558, 696 HR 100-476b--Baldwin County-Board of Education _______ _471, 723, 945 HR 101-476c-Richmond County; Constitution Amendment
---------------------------------------------------------------------- 471, 554, 948, 1153 HR 102-476d-Law Books, Hancock County_____________.471, 883, 1033, 1226
HR 103-Thanks, Twentieth Century Fox and Susan Hayward------------ 502 HR 104-484a-State Park, Toomsboro --------------------------------------------510, 636 HR 105-502a-Law Books, Whitfield County ________ 512, 883, 1033, 1227 HR 106-517a-Excise Taxes on Wines; approve Executive Orders---- 536 HR 107-517b--Boy Scouts to erect replica of Statue of
Liberty-Capitol ------------------------------------------------------58 7, 723, 869 HR 108-517c-Damages, Wm. H. McCoy ------------------------------------------------ 537 HR 109-517d-Damages, Fred Kirkwood, Jr. ________ 537, 636, 1280, 1749 HR 110-517e-Move Capitol to Macon ---------------------------------------------------- 537 HR 111-540a-Floyd County, School Districts 540, 589, 951, 1701, 1765
HR 112-Sympathy, Family of C. C. Ansley ---------------------------------------- 520 HR 113-Capella Choir, invite --------------------------------------------------------533, 574 HR 114-549c-National Guard; full strength ------------------------576, 779, 965 HR l15-549b--Appling County, school district ________ 576, 884, 1595, 1866 HR 116-Lincoln County, Clark Hill Dam -------------------------------------------- 616 HR 117-Filing of Income Tax, extension ------------------------------------616, 714 HR 118-Georgia Navy ---------------------------------------- ------------------------- 616, 714
HR l19-575a-Milledgeville State Hospital; schdarships ____________ 621, 841
HR 120-598a-Martha Berry Highway______________________ 675, 1231, 1272,1538

INDEX

2039

HR 121-Thank, Athens Chamber of Commerce ------------------------------------ 697 HR 122-Commend, Georgia Power Company ---------------------------------------- 699 HR 123-Veterans-admission to bar ------------------------------------------ 699, 981 HR 124-Congratulate Wolf Fork Community-Rabun County -------- 699
HR 125-Cotton Farmer and Industry --------------------------------------- 699, 829 HR 126-Messenger and Doorkeeper-reimbursement -------------------------- 699 HR 127-605a-Damages, Mrs. Julia C. Palmer ------------------------ 711, 1232 HR 128-605b--Law Books, Toombs County ............711, 884, 1034, 1227
HR 129-605c-Damages, George W. LaFray --------------------------------711, 1232 HR 130-Investigation, Welfare Department continue ---------------- 773, 882 HR 131-Inspect Veterinary Building-University of Georgia ________ 773
HR 132-Sympathy, Hon. Frank Lunsford -------------------------------------------- 773 HR 133-Printing Equipment for Clerk's Office -------------------------------- 844 HR 134-Extend wishes to Hon. J. M. Deason ------------------------------------ 868 HR 135-Congratulate Hon. John Langdale ---------------------------------------- 868 HR 136-Committee to study agricultural and Livestock
Development -------------------------------------------------------------------- 868, 965 HR 137-Conservation of Game and Fish------------------------------------ 868, 1015 HR 138-Thank, Southern Bell Telephone and Telegraph Co. ------------ 868 HR 139-Course in Americanism in Public Schools -------------------- 869, 965 HR 140-Sympathy, Family of Hon. Thomas Lee Howard ------------ 869 HR 141-Veterans Administration Hospital, retain ---------------------------- 869 HR 142-Crop and Hail Insurance -------------------------------------------- 869, 1090 HR 143-Typist in Clerk's Office, reimburse ---------------------------------------- 869 HR 144-Microphones on desks of Members of General
Assembly, request ---------------------------------------------------------- 871, 965 HR 145-Commend, Dr. Payne, Battey Hospital -------------------------------- 966 HR 146-619a-Compensation certain newspapers for adver-
tising Constitutional Amendments ........968, 1232, 1479, 1706
HR 147-Stay-over Resolution ---------------------------------------------------------------- 975 HR 148-Committee to Inspect Southern Univerzities -------------------------------HR 149-Georgia Victory Farm Volunteer and Re-
cruiting Committee, set up ----------------------------------------------------1011 HR 150-Water Improvement Committee, dissolve ____________________1011, 1012 HR 151-General Assembly, remain in session until 2-19-51 ____________ lOll HR 152-General Assembly, remain in session until 2-16-51 ____________ 1022
HR 153-Address by Governor Herman E. Talmadge ....1031, 1034, 1036
HR 154-lnvite James F. Byrnes ------------------------------------------------1032, 1062 HR 155-Naming State Hospital at Augusta-Eugene
Talmadge Memorial Hospital ------------------------------------1033, 1091 HR 156-Express sympathy to family of Hon.Toe Johnson ____________ 1036
HR !57-Compensate Wayman Dekle ----------------------------------------1059, 1233 HR 158-708b--Election of State School Superinwndent ____________ 1059, 1138
HR 159-708c-Revise method of selecting members of State
Board of Education ------------------------------------------------------1059, 1536 HR 160-708d-Furnish reports to Haralson County Supreme
Court and Court of Appeals ......1059, 1109, 1134, 1814, 1823 HR 161-708e-Convey 2.3 acres of land to City of Thomson
------------------------------------------------------------------ 1059, 1162, 1309, 1746 HR 162-708f-Reimburse J. W. Wilcher, Jr.........1059, 1110, 1281, 1750 HR 163-708g-Compensate J. W. Southland
------------------------------------------- 1059, 1233, 1486, 1865, 1872, 1913
HR 164-708h-Exemption from Ad Valorem taxes to certain concerns 1060
HR 165-708i-State Board of Education set policies con-
cerning public schools ----------------------------------------1060, 1139, 1198

2040

INDEX

HR 166-708j-State Librarian furnish reports to courts of
Ben Hill County ------------------------------------1060, 1110, 1134, 1792 HR 167-708k-Compensate Mrs. E. H. Kelly ........1060, 1233, 1487, 1750 SR 168-7081-Revision and veto power of Governor
---------------------------------------------------------------- 1060, 1199, 1367, 1706 HR 169-708m-Compensate Geraldine Garrett ________________ 1060, 1233, 1486
HR 170-708n-Compensate Rachel Drawtin --------------------------------1061, 1233 HR 171-708o-Provide bonus for service and ex-servicemen ____________ 1061
HR 172-708p--Divide Carroll County School District ------------------------1424 HR 173-Expressing sympathy to family of Hon. Willis Smith ........1061 HR 174-555a-State Board of Education, one member-
each Congressional District ------------------------------1076, 1234, 1517 HR 175-555b-Compensate Mr. Louie Raines ....1076, 1199, 1279, 1750 HR 176-755c-Reimburse Mr. W. L. Linenkoll ....1076, 1199, 1485, 1865 HR 177-755d-Marble Bust, Alexander Hamilton Stephens
------------------------------------------------------ 1076, 1234, 1302, 1492, 1822 HR 178-755e-Appropriation of funds for Capital Outlay
Expenditures --------------------1076, 1139, 1407, 1815, 1848, 1860 HR 179-755f-Pensions, Ex-Confederate Soldiers and Widows ........1077 HR 180-755g-Muscogee County-Judges pro hac
vice ----------------------------------------------------------1077, 1162, 1598, 1866 HR 181-755h-State Librarian furnish reports to courts of
Pickens County ----------------------------------------1077, 1199, 1237, 1813 HR 182-755i-Chatham County--enact ordinance~ for polic-
ing said County ----------------------------1077, 1199, 1601, 1750, 1866 HR 183-755j-Compensate Harold H. Smoak ....1077, 1234, 1307, 1750 HR 184-Appointment and Compensate Attaches of the House............108l HR 185-Investigate method of handling salary and pen-
sion of State Officials ------------------------ -----------------------------------1082 HR 186-Travelling expenses-Members of House ----------------------------1082 HR 187-Invite A Cappella Choir-G. S. C. W. --------------------1089, 1153 HR 188-810a-Compensate Jack P. Black ----------- --------------------1100, 1464 HR 189-810b-Solicitor General--election ----------------------------------1100, 1263 HR 190-810c-Judges of Superior Courts--election ________________ 1100, 1199
HR 191-810d-Compensate Mrs. W. J. Gallemore --------------------1100, 1235 HR 192-810e-Director and Officials of the Department of
Public Safety-relief of liability ----------------------1101, 1199, 1370 HR 193-810f-State Librarian furnish reports to courts of
Habersham County --------------------------------1101, 1199, 1238, 1391 HR 194-810g-Medical Students internship--Milledgeville
State Hospital ----------------------------------------1101, 1356, 1721, 1865 HR 195-810h-Inspection Tour-St. Eliz. Hosp. and Pilgrim
St. Hosp. ------------------------------------------------------------1101, 1199, 1306 HR- 196-810i-Insurance-School Children --------------------------------------------1101 HR 197-810j-Compensate Empire Radio and Specialty
Company --------------------------------------------------1101, 1235, 1732, 1865 HR 198-810k-Reimburse George A. Cabe ____________ 1101, 1235, 1486, 1866
HR 199-8101-Compensate Bennie Sims ------------------------------------1102, 1235 HR 200-810m-Compensate Mrs. S. T. Willis ----------------------------1102, 1235 HR 201-810n-County School Superintendent Rockdale
County-appointment ----------------------------1102, 1162, 1604, 1867 HR 202-810o-Rules of House-amend --------------------------------------------------1102 HR 203-810p--Designate Jack Brown Road ........1102, 1231, 1271, 1558
HR 204-810q-Designate Walden Bridge ____________ 1102, 1162, 1201, 1391
HR 205-810r-Designate Boone Bridge ________________ 1102, 1231, 1271, 1558

INDEX

2041

HR 206-810s-Designate Brack Bridge ................1103, 1231, 1271, 1558 HR 207-810t-Designate McCook Bridge ............1103, 1162, 1201, 1391 HR 208-810u-Designate Todd Road ....................1103, 1163, 1202, 1391 HR 209-Treaty Making Powers ................................................1117, 1153 HR 210-830a-Designate Hall Bridge ....................1122, 1163, 1202, 1391 HR 211-830b--Reimburse J. W. Borom ................1122, 1200, 1279, 1750 HR 212-830c-Reimburse Charles Burch ................................................1122 HR 213-830d-Compensate Mr. H. G. Sherrod ........................1122, 1235 HR 214-830e-Compensate Mrs. Maxie Hooks ....1123, 1330, 1735, 1866 HR 215-830f-Carroll County School Districts-division
of ..............................................................1123, 1200, 1655, 1867 HR 216-830g-State Librarian furnish reports to courts of
Houston County ......................................1123, 1200, 1238, 1392 HR 217-830h-Macon Hospitals-improvements 1123, 1163, 1607, 1867 HR 218-U. S. Constitution-Taxes ................................1135, 1196, 1362 HR 219-Hon. J. Randolph Coleman-deplore death of ........................1145 HR 220-861a-Amend Constitution of State of Georgia-
Effingham County ................................1150, 1263, 1610, 1867 HR 221-861b--Compensate T. A. Holliday ............1150, 1200, 1302, 1750 HR 222-861c-State Board of Education--one member each
Congressional District ............................................................1150 HR 223-861d-State Librarian furnish reports to courts
of Richmond County ............................1151, 1231, 1271, 1813 HR 224-861e-Reimburse Wellington C. Cain
1151, 1235, 1308, 1753, 1935 HR 225-861f-Compensate Henry Mack ....1151, 1235, 1308, 1753, 1836 HR 226-861g-Compensate Mrs. J. W. Low..........................................1151 HR 227-882a-William Herty Killian-security bond ..........................1189 HR 228-882b--Compensate R. E. Lawson ..............................................1189 HR 229-882c-Glynn County--collect taxes and
assessments -1190, 1263, 1613, 1871, 1900 HR 230-882d-Exemption from Ad Valorem taxes-
certain new manufacturing concerns ......................................1190 HR 231-882e-Compensate Claude G.
Bennett ..............................1190, 1236, 1485, 1498, 1782, 1929 HR 232-908a-Reimburse Vinson Lane ......................................1215, 1464 HR 233-908b--Brantley County-division of school
districts ....................................................1215, 1295, 1617, 1867 HR 234-908c-Designate Matthew H. Hughes
Highway ..................................................1215, 1336, 1400, 1746 HR 235-908d-Wilcox County--election of members of
Board of Education ............................................1215, 1263, 1620 HR 236-908e-Flowery Branch Nursery Property..........1215, 1330, 1544 HR 237-908-Baldwin County-transfer of forest
land ....................................................................1216, 1330, 1544 HR 238-908g-Georgia Forestry Comm.-transfer
120 acres land ....................................................1216, 1330, 1544 HR 239-908h-Compensate William N. Price ........................................1216 HR 240-908i-Polk County-abolish Board of
Education ................................................1216, 1295, 1623, 1867 HR 241-927a-Relief of James W. Gurley ............................................1249 HR 242-927b--Relief of William Melvin Kimbrell ..............................1249
HR 243-927c-County-wide School Districts ........................................1249
HR 244-927d-City of Cochran-merge independent school system ..........................................1249, 1398, 1627, 1867

2042

INDEX

HR 245-927e-Old Age and Survivors Insurance Program ----------------------------1249, 1487, 1670, 1872, 1900, 1913
HR 246-927f-Compensate Mr. Durance Waters ________________________ 1250, 1464 HR 247-927g-Compensate Mrs. Floyde Addington________ 1250, 1464, 1782 HR 248-927h-Compensate Mr. Jarvis Johnson ------------------------1250, 1464 HR 249-928a-Mistletoe State Park --------------------1250, 1330, 1484, 1813 HR 250-928b--Confederate Memorial
Park ----------------------------------------------1250, 1331, 1689, 1815, 1828 HR 251-931a-Compensate James Taylor ----------------------------------1251, 1464 HR 252-Members of House-expense allowance ----------------------1260, 1314 HR 253-Invite choir-Robert E. Lee High School ------------------------------1275 HR 254-Ga. State Hosp. at Milledgeville-install TV sets______ 1276, 1327 HR 256-Mrs. Rebecca Franklin Morehouse-recognition __________________ 1279 HR 257-Servicemen's Readjustment Act-extend --------------------------------1279 HR 258-l'd Climb The Highest Mountain-sequel __________________ 1282, 1328 HR 259-943a-City of Griffin-merger of School
System ----------------------------------------------------1285, 1398, 1648, 1868 HR 260-943b--New Echota State Memorial
Park --------------------------------------------------------1285, 1331, 1544, 1791 HR 261-943c-Intangible Personal Property-exempt
from taxation ------------------------------------------1285, 1398, 1584, 1868 HR 262-962a-Clerk of Superior Court, Fulton County-
mark certain execution --------------------------1320, 1356, 1469, 1930 HR 263-962b--Compensate Grace, Lieut. Ben --------------------------1320, 1464 HR 264-967a-Compensate Hitchcock ---------------- .1321, 1464, 1781, 1930 HR 265-967b--State Librarian furnish reports to court~
of Whitfield County ---------------------------- .1321, 1356, 1402, 1813 HR 266-Establishment of a Naval Supply School
in Athens, Georgia --------------------------------------------------------1315, 1394 HR 267-Contract Awarding Study Committee-
establishment ----------------------------------------------------------------1315, 1394 HR 268-Family of E. G. Harper-express sym;:mthy ------------------------1316 HR 269-967b--Certain Counties-levying occupational
license taxes ------------------------------------------------------------------------------1321 HR 270-967d-Compensate Mrs. David Hugh Thomas ------------------------1321 HR 271-967a-Compensate Mr. Bruce F. Allen....1347, 1465, 1547, 1866 HR 272-976b--Designation-new revised code of laws of
Georgia --------------------------------------------------------------------------1348, 1465 HR 273-976c-Compensate Mr. Henry A. Wiggs.... 1348, 1465, 1664, 1866 HR 274-Milledgeville; property for vocational school ------------------------1563 HR 275-Richard B. Russell; Presidency ----------------------------------1366, 1460 HR 276-990a-Augusta and Richmond County;
contracts --------------------------------------------------1384, 1465, 1631, 1868 HR 277-Family of Ron. J. S. Carmical; condole:J.ce ----------------------------1381
HR 278-Hon. Leon Covington; memorializing death of__ __________ 1399, 1534
HR 279-997a-Compensate Mr. and Mrs. Coppock --------------------1454, 1536
HR 280-997b--Glynn County; new industries ----------------1454, 1497, 1634
HR 281-997c-Fannin County; County Board of
Education ------------------------------------------------1454, 1497, 1636, 1868
HR 282-997d-Dodge County; division of school
districts --------------------------------------------------1454, 1497, 1640, 1930
HR 283-Lake Burton Fish Hatchery ----------------------------------------1476, 1534
HR 284-1007a-County of Tift; sale of
property --------------------------------------------------1490, 1537, 1735, 1864

INDEX

2043

HR 285-1007b--State Supt. of Schools and Governor; ex-officio members of St. Bd. of Educt>tion ..........................1490
HR 286-1007c-Dept. of Pub. Welfare; fire protection in certain buildings ................................................................1490
HR 287-1007d-Compensate Myrick ......................1490, 1536, 1781, 1930 HR 288-1016a-State Librarian furnish certain records
to Emanuel County ................................1524, 1561, 1714, 1865 HR 289-Effingham County; State Park ..................................1543, 1866 HR 290-1026a-State Employees; compensation ..................................1526 HR 291-1026b--State Employees; regulate salaries ............................1526 HR 292-1029a-Dept. of Public Welfare; investigate......1527, 1793, 1859 HR 293-1029b--Highway tax method of other states; iuvestigate........1527 HR 294-Hon. Ben Jessup; thanks ........................................................1726 HR 295-Royal Family; condolence ............................................1727, 1792 HR 296-Hon. James F. Byrnes; appreciation ..........................1729, 1792 HR 297-Hon. Joe Boone; appreciation ................................................1733 HR 298-Secretary of State; statistical records ..................................1736 HR 299-Mrs. Ora M. Brannan; condolence ..........................................1741 HR 300-Talmadge Memorial Highway ......................................1742, 1813 HR 301-Commercial Photographer ......................................................1764 HR 302-Bill Drafting Unit and Public Administration
of Atl. Div.; gratitude ...........................................................1764 HR 303-High Schools and State Colleges; one year study
in U. S. history, geography and civics ........................1774, 1813 HR 304-Certain Flags; restoring and preserving ................................1743 HR 305-Dept. of Education; readjust salary of
experienced teachers ................................................................1778 HR 306-State Income Tax Returns; filing by
members of General Assembly ..............................................1799 HR 307-Federal Income Tax Returns; extend filing
date for General Assembly ....................................................1800 HR 308-Macon Telegraph-appreciation ............................................1800 HR 309-J. Grover Rockmore-recognition ..........................................1801 HR 310-Hon. Ben J. Tarbutton-appreciation ....................................1801 HR 311-Mentally ill veterans; care for ....................................1802, 1930 HR 312-Georgia Citizens; tax deduction ................................1802, 1930 HR 313-Alto; dismantle certain buildings ................................1803, 1931 HR 314-Southern Bell TeL and Tel.; appreciation ............................1803 HR 315-New Governor's Mansion; investigate construction of..........1825 HR 316-Banks, Savings and Loan Assn.; study method of taxation....1826 HR 317-Hon. Eugene Cook and Staff; appreciation ..........................1857
HR 318-Federal Government; reduce taxes; interstate cooperation ....................................................................1857, 1931
HR 319-Committee to study needs at Univ. of Ga.............................1858
HR 320-Congratulate Hon. Arthur K. Bolton ....................................1858
HR 321-Mrs. Frances Read, thank for services ................................1859
HR 322-Miss Ida McGukin-Retirement; credits ..............................1859
HR 323-Stayover Resolution-attaches of House ................................1878
HR 324-Dept. of Public Safety; compensation certain employees........1905
HR 325-Compensation; attaches of House ..........................................1911
HR 326-Committee to study State Schools ..........................................1912
HR 327-Anti-monopoly Committee to study monopolier. ....................1916
HR 328-Game and Fish Committee; subcommittee to be appointed....1917

2044

INDEX

Part Ill

SENATE RESOLUTIONS IN HOUSE

SR 2-George D. Stewart-Election of --------------20 SR 3-Notify Governor Senate is ready for transaction of business...-..22 SR 5-Public Roads and Bridges; provide adequate
System -------627, 653 896 SR 6-Candidates Nomination of -----255, 268, 423, 502, 518, 605 SR 7-Taxation, certain exemptions -.402, 428, 886 SR 8-Terms of U. S. Officials --------------197, 204, 320, 989 SR 9-Chatham County, incur bonded
indebtedness ----------------157, 182, 320, 904 SR 10-Savannah, incur bonded indebtedness. ___________ 157, 182, 320, 907
SR 11-Savannah, incur bonded indebtedness.......-....157, 182, 320, 910 SR 12-Savannah, incur bonded indebtedness..--158, 183, 320, 913 SR 13-Savannah District Authority, Create..._.........158, 183, 320, 916
SR 14-Georgia Ports Authority, Create...........--158, 183, 887 SR 20-Chatham County, incur bonded indebtedness;
hospital ---------206, 320, 919 SR 21-Adjournment-2/16/51 -----------.404 SR 22-Taxation,
5 mills.....-..418, 428, 594, 998, 1003, 1013, 1032, 1062, 1090 SR 24-Elective officers, General Assembly to fix
salaries -------------------.419, 428, 724 SR 25-T. J. Wells, Reimburse ----------835, 887, 998, 1032 SR 26-Society of 40 and 8-Comm.issioner of Revenue
to issue special license plates.................-------713, 732 SR 28-Hospitals, exempt from taxation; charity
purposes --------------------574, 604, 780 SR 31--Jekyll Island; committee to investigate ------280, 324, 429 SR 32-Atkinson County, authorize issuance of refunding
bonds -----------------522, 558, 637, 921 SR 33-University of Georgia, Sesquicentennial celebration................290 SR 34-"0ur Georgia", adopt as official waltz of
Georgia ---------.438, 453, 724, 889 SR 35-Welfare Rolls, expose names ----574, 604, 724, 890 SR 36-Fulton County, functions and services__________ 522, 558, 724, 924
SR 37-Fulton County School indebtedness..-- ---522, 558, 836, 927 SR 38-Fulton County, tax administration..........--.... 522, 558, 724, 930 SR 40-Robert Lee Howe and J. M. Madray,
appearance bonds -----------------831, 835, 887, 974 SR 45-Chattooga County, furnish laws books to________ 671, 692, 724, 799
SR 46-Taxes on incomes, inheritance, and gifts.--------672, 697 SR 47-Confederate soldiers, widows pensions....llll, 1115, 1200, 1884 SR 49-Selective Service Act amend..........._________________ 574, 604, 780, 965 SR 54--J. L. Brooks, Relieve as surety on bond..._______831, 835, 887, 974 SR 56-State Treasurer-dispose of certain records..........713, 732, 960 SR 57--John H. Moore, Memorial Highway-Name................____ 831, 835
SR 72-Hon. William Lester, commend..-----------1012, 1015 SR 73-General Assembly, Reconvene 1/10/52.......-------1019 SR 74-General Assembly, continue in session....--------1019

INDEX

2045

SR 75-Notify House Senate is ready for transaction of business......1034 SR 76-Notify Governor Senate is ready for transaction
of business ................................................................................1035 SR 78-State School Superintendent appoint personneL........1559, 1578 SR 80-Jim Woodruff Reservoir basin, lease to Parks
Department ............................................1226, 1240, 1332, 1509 SR 82-Cobb County, Tax for Fire protection....1151, 1168, 1296, 1583 SR 83-Cobb County, Sewerage Districts............1226, 1240, 1296, 1586 SR 84-Troup County, divide school districts....1226, 1240, 1296, 1589 SR 85-Fulton County, method of selecting tax
commissioner ..........................................1226, 1240, 1477, 1593
SR 86-Robert Norton Doty, issue birth certificate to ............................................1256, 1275, 1399, 1471
SR 90-Jeff Davis Highway-designate ......................1394, 1"406, 1793 SR 91-Elbert County, lease lands for Park
purposes ..................................................1294, 1300, 1357, 1773 SR 92-Atlanta, pension system for employees..............1461, 1502, 1537 SR 93-Fulton County, selection of County School
Superintendent ..................................................1461, 1502, 1537 SR 104-Director of State Parks, lease
property ..................................................1754, 1761, 1792, 1843 SR 105-Merit system, State employees ....................................1561, 1579 SR 106-Fulton County, joint board tax
assessors ......................................1705, 1718, 1754, 1889, 1920 SR 108-Speciallicense plate for Commander VP-teran
of Foreign Wars ..........................................................1559, 1911 SR 109-Henry Grady Hotel, priority to members of
General Assembly ..........................................................1559, 1668 SR 112-Livestock, committee to study ..........................1790, 1798, 1816 SR 113-"Homer Legg" Bridge, designate ................................1705, 1729 SR 114-Battle of Bloody Marsh, Memorialize..........................1749, 1775 SR 115-Secretary of State, statistical records........................1790, 1798 SR 116-Retarded children, committee to study problems..........1790, 1798 SR 117-lncome tax, extension for members of Senate........................1856 SR 118-lncome tax, extension for members of Senate........................1856 SR 123-Photographs, members of House and Senate..........................1856 SR 124-Automobile Registration, committee to study..........................1911